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The Equip For Equality PABSS Project Presents

The Equip For Equality PABSS Project Presents. TICKET$ TO WORK. Know Your Rights Protect Your Benefits A Guide for Social Security Beneficiaries. Equip For Equality: Protection and Advocacy. Mission : To advance the human and civil rights of people with physical & mental disabilities

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The Equip For Equality PABSS Project Presents

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  1. The Equip For Equality PABSS Project Presents TICKET$ TO WORK Know Your Rights Protect Your Benefits A Guide for Social Security Beneficiaries

  2. Equip For Equality:Protection and Advocacy • Mission:To advance the human and civil rights of people with physical & mental disabilities • All Services are Free and Confidential • Equip For Equality Services Include:  Self-Advocacy Assistance  Information & Referral  Public Policy Advocacy  Training & Education  Abuse/Neglect Investigations  Latino Outreach  Traumatic Brain Injury Project  Legal Advocacy  Special Education Issues  Guardianship Reform

  3. The Training Institute at Equip For Equality Provides Free Training to people with disabilities and their family, friends, employers, and service providers regarding:  Legal Rights  Self-Advocacy  The A.D.A.  Special Education  Transportation  Guardianship  Employment Rights  Practical Advice

  4. The PABSS Project at Equip For Equality Call PABSS for Help With …

  5. PABSS: A Blue Ribbon Project PABSS Protection and Advocacy for Beneficiaries of Social Security Created by the Ticket to Work Act A Win-Win-Win-Win Situation PABSS Breaking Down Barriers to Employment

  6. PABSS:Areas of Assistance PABSS Provides Education, Training, Problem Solving, and Advocacy regarding: • Social Security Benefits & Work Incentives Information • Obtaining Vocational Rehabilitation Services (DRS) • Using the Ticket to Work • The relationship between a beneficiary and an EN • Employment Laws (A.D.A. & F.M.L.A.) • School to Work Transition Issues • Employment Barriers

  7. Barriers to Work Little or no information Fear of losing benefits Skills training needed Job search assistance Transition Planning Workplace stereotypes Discrimination Remedies that Enable, Empower and Employ Education and Training Advocacy Obtain Support Services (Through VR, BOE, ENs) Negotiation / Mediation Litigation Breaking Down Barriers PABSS:

  8. PABSS:Areas of Assistance PABSS Issues Include: • Medical/VR ServicesSS Overpayments DiscriminationGarnished Wages • Criminal RecordsTransportation • HousingStudent Loan Defaults PABSS can advocate for you regarding ANY barrier to employment!

  9. PABSS Services The PABSS Project provides the following services at No Charge:  Self-Advocacy Assistance  Legal Advocacy  Legal Representation  Information and Referral  Short & Long Term Assistance  Dispute Resolution  Training & Education  Negotiation & Mediation If legal assistance will allow you to work, PABSS may be able to help you!

  10. Social Security AdministrationRules and Work Incentives SSI and SSDI Know Your Rights Protect Your Benefits

  11. SSA Disability Programs • SSI: Supplemental Security Income • 1st of the month • Brown envelope • Based on need • SSDI: Social Security Disability Insurance • 3rd of the month • Blue envelope • Based on FICA Payments

  12. Social Security Work Incentives Social Security Work Incentives Rules that allow SSI and SSDI beneficiaries to work and protect their cash and medical benefits.

  13. SSI and SSDI: ImpairmentRelated Work Expenses IRWEs: Deductible expenses that are related to your disability and your job. • Work expenses due to your disability • Deducted from earnings when determining countable earned income • IRWEs can Include:  Medication  Special work equipment  Transportation  Medical Devices  Workplace Aide  Attendant Care

  14. SSDI Work Incentives • Trial Work Period (TWP) – 9 Months • Extended Period of Eligibility (EPE) – 3 Years • Substantial Gainful Activity (SGA)– $ 800 / $ 1330 • Impairment-Related Work Expenses (IRWE) • Subsidies (For example, a Job Coach) • Expedited Reinstatement of Benefits (EXR) • Extended Medicare • Unsuccessful Work Attempt • Ticket to Work

  15. SSI Work Incentives • Earned & Unearned Income Exclusions ($ 85) • Plan for Achieving Self-Support (PASS) • Expedited Reinstatement of Benefits (EXR) • Impairment-Related Work Expenses (IRWE) • Student Earned Income Exclusion (SEIE) • Subsidies • Continued Medicaid Coverage [Section 1619(b)] • Ticket to Work

  16. The Ticket To Work Is This Your Winning Ticket?

  17. The Ticket to Work:Is This Your Winning Ticket? The Ticket To Work Program provides for: • Assistance through PABBS and BPA&O Programs • Improved Work Incentives • Increased cash benefits while working • Protection from a Continuing Disability Review (CDR) • Expedited Reinstatement of Benefits • Expanded Medical Coverage • Employment Networks (ENs) to provide services • An Individualized Work Plan (IWP)

  18. Ticket Eligibility • 18-64 years of age • In active pay status for SS Cash Benefits • Not expected to improve medically, or had a CDR within the past 12 months • If you have questions, call PABSS at Equip for Equality, or MAXIMUS, the Program Manager for The Ticket to Work Program. (See the Resource List at the end)

  19. A New Employment Tool: Employment Networks (EN) Employment Networks (ENs) are private or government agencies that provide employment-related services at No Charge. DRS is considered an EN. Services include: • Work incentives planning • Vocational assessment • Job Training • Job Placement • Case management • Follow-up services

  20. Employment Networks (EN) • Private organizations or government agencies that provide employment-related services. DRS is considered an EN • Goal is increased consumer choice • Help beneficiaries develop and implement “Individualized Work Plans” (IWP) • Up to 5 years • Goal is to go off of SSA cash benefits • No work is required the 1st two years

  21. BPA&O - Benefits Planning, Assistance & Outreach • No cost to the beneficiary • Helps beneficiaries determine how going to work may affect their benefits • Enables beneficiaries to plan their finances while working • Benefits Planning Assistance and Outreach Programs, (BPA&O), are available through MOPD, DRS, and OMH

  22. BPA&O MAP

  23. Important Considerations When Using Your “Ticket” When using your “Ticket”: • If you think your condition is improving, place your Ticket immediately for CDR protection • Research the right EN for you • Make sure that theIWPfits your needs & goals • Have the EN or DRS send the IWPto Maximus

  24. Important Considerations When Working Take these steps when you work: • Contact a Benefit Planner (BPA&O) • Monthly, give Check Stubs to SSA & the EN • Keep the originals - have SSA confirm receipt • Use IRWEs and other Work Incentives to Reduce your “Countable Income” for SSA

  25. Continuing Disability Review (CDR) Protection • This is a BIG Benefit. • SSA will not schedule continuing disability reviews (CDRs) for beneficiaries if: • You are using your Ticket • Making timely progress toward employment goals • CDRsalready scheduled will still be conducted • So… Make sure that the EN or DRS sends your work plan to Maximus

  26. Expedited Reinstatement of Benefits If you are unable to continue working due to your disability, you may apply for Expedited Reinstatement of Benefits • The reason that you are unable to work must be related to your disability • Benefits are usually restored in 1-2 months • You can receive up to six months of provisional benefits while SSA reviews your claim. These benefits do not have to be repaid.

  27. Laws Regarding Disability Discrimination In the Beginning…

  28. In the Beginning… Do not curse the deaf or place a stumbling block before the blind… 3300 Years Ago Leviticus 19:14:

  29. … And More Recently 30 Years Ago The Rehabilitation Act • Creates a right to receive vocational rehabilitation; • Prohibits discrimination by federal funding recipients 13 Years Ago The Americans With Disabilities Act (ADA) • Provides equal opportunity and access in employment, governmental services, public accommodations, and telecommunications. 10 Years Ago The Family and Medical Leave Act • Allows time off from work to care for themselves or family members with serious health conditions.

  30. The Rehabilitation Act Your Right to Receive Vocational Rehabilitation Services

  31. Your Rights Under The Rehabilitation Act ·Receive Vocational Rehabilitation Services ·Confidentiality of Records ·Fair treatment ·Appeal of a denial of services from DRS through a “Fair Hearing.” ·Places that receive federal funding cannot discriminate against people with disabilities. The PABSS Program can assist you with issues relating to an EN or DRS

  32. Vocational Rehabilitation Services DRS may provide the following work-related services for you: • Career counseling, job placement, and job training • Supported employment services such as a job coach • Interpreters, note takers, readers, attendants, ... • Occupational licenses, tools, and equipment • Technological aids and devices • Home and vehicle modifications • Medical Services including attendants • Financial assistance with school, equipment, or training.

  33. Your Right to Receive Vocational Rehabilitation Eligibility for DRS Vocational Rehabilitation Services • You have a medically diagnosed physical or mental impairment resulting in a substantial impediment to employment; • You could benefit from VR services relating to employment; • You require VR services to prepare for, enter, engage in, or keep gainful employment. 

  34. The Americans With Disabilities Act (ADA) The ADA in the Real World

  35. The Americans with Disabilities Act (ADA) • Title I – Employment • Title II – State and Local Government Services / Public Transportation • Title III – Public Accommodations and Commercial Facilities • Title IV – Telecommunications • Title V – Miscellaneous

  36. Goals of The ADA • Eliminate discrimination • Ensure that people with disabilities experience: • Equality of opportunity • Full participation and integration • Independence • Remove barriers to access. Barriers can be attitudinal, architectural, communicative, or transportational in nature. • Provide clear, strong, enforceable standards • FAIRNESS !!

  37. Who is Protected under the ADA? • A person with a physical or mental impairment that substantially limits one or more major life activities; • A person with a record of such an impairment; • A person who is “regarded as” having such an impairment.

  38. Title I of the ADA The ADA in the Workplace

  39. Employers Covered by the ADA • Employers with 15 or more employees • All State and local government employers with at least one employee • Local laws may cover smaller private employers

  40. Protected Individuals Under Title I of The ADA An employee is protected by the ADA if they: • Have a substantial limitation of one or more major life activities • Major life activities include: Breathing, walking, lifting, working, speaking, hearing, seeing, eating, caring for oneself, interacting with others, sex, sleeping, sitting, concentrating, performing manual tasks, learning, standing, reading, … • Requires an individualized assessment -Disability is decided on a case by case basis • People with a “record of” such an impairmentor who are “regarded as” having such an impairment are also covered • Are qualified to do the essential job functions with or without a reasonable accommodation

  41. Workplace Protections Under The ADA Discrimination is prohibited in any facet of employment, including: • Job application procedures • Hiring / Firing • Compensation • Advancement • Training or • Any terms, conditions, or privileges of employment

  42. Prohibited Conduct by Employers • Asking disability related questions. An employer may ask about performance of job functions. They cannot ask about: • Worker’s Compensation Claims • Reasons for time off from work • Medical Treatment or Medications • Requesting a Medical Examination before making a conditional offer of employment • Not providing Reasonable Accommodations • Discriminating in any facet of employment.

  43. Medical Examinations Prior to A Job Offer Are Prohibited • Cannot require medical exam before job offer • Certain tests are not considered medical exams, and are not prohibited by ADA

  44. After A Conditional Job Offer • Employer may ask disability-related questions and require medical exam • Employer cannot withdraw job offer unless disability interferes with essential functions of the job and reasonable accommodation cannot be provided

  45. Disability Disclosure and The Permissible Question • The following question is permissible on a job application or at an interview: • Further questioning may elicit improper information concerning a disability. • An employee or applicant is not obligated to mention that they have a disability until they request a reasonable accommodation. * Are you able to do the essential functions of the job with or without a reasonable accommodation?

  46. Reasonable Accommodation Any change or adjustment to a job or work environment that allows a person to: • Participate in the job application process • Perform “Essential Functions” of the job • Fundamental Job Duties • An employer cannot refuse to hire someone because of inability to perform non- essential duties • Enjoy benefits and privileges of employment

  47. Examples of Reasonable Accommodations • Providing or modifying equipment or devices • Job restructuring • Part-time or modified work schedules • Job reassignment • Modifying exams, training, or policies • Providing readers and interpreters • Making the workplace accessible

  48. Reasonable Accommodation Requirements • Reasonable Accommodations must be provided unless there’s an undue hardship or a health and safety risk • An undue hardship is defined as requiring significant difficulty or expense • Employers are not required to provide the exact accommodation requested • Fundamental alterations are not required

  49. Reasonable Accommodation:Responsibility of Employees The Employee must make the request for a reasonable accommodation • Written, dated, and signed • Keep a copy • Include: • Nature of your disability • Reason for request • Requested accommodation

  50. Reasonable Accommodation:The Interactive Process The ADA envisions an interactive process in deciding on a reasonable accommodation • TheEmployee should make the request for a reasonable accommodation • The Employee, their supervisor(s), and Human Resources should be involved in the interactive process • Employers must provide an effective accommodation, not necessarily the exact accommodation requested by the employee • The JAN Website is a useful Resource

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