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SSA Employment Support Update

by J. Kenneth McGill

A number of important policies and structures through the Social Security Administration (SSA) support young people with disabilities in transition to adulthood. Some of the employment supports have been in place for years, while others are the result of recent changes. This article summarizes the long-standing provisions most likely to be used in transition planning, as well as recent regulatory changes that enhance those supports.

Long-standing Work Incentives

The following are highlights of some of the ongoing work incentive provisions in SSA programs most likely to be used in transition planning:

• Impairment Related Work Expenses (IRWE). SSA deducts out-of-pocket costs of certain impairment-related items and services that an individual needs to work from the gross earning when SSA decides if the “countable earnings” demonstrate performance of Substantial Gainful Employment (SGA). SSA also excludes IRWE from earned income when determining an individual’s Supplemental Security Income (SSI) monthly payment amount.
• Plan for Achieving Self Support (PASS). The PASS provision allows individuals to set aside income and/or resources for a specified time for a work goal. For initial and continuing SSI eligibility determinations, the income and/or resources set aside under a PASS are not counted.
• Special Payments for People who Work 1619a. An individual can receive SSI cash payments even when earned income (gross wages and/or net earnings from self-employment) is at the level of SGA. This eliminates the need for the Trial Work Period (TWP) and the Extended Period of Eligibility.
• Continued Medicaid Eligibility-Section 1619b. An individual can continue to have Medicaid coverage even if earnings become too high for SSI cash payments.
• Continued Payment of Benefits. Payment of benefits may be continued for an individual whose disability ceased because of medical recovery while participating in an approved State or non-State vocational rehabilitation program if requirements are met.
• Study Abroad Provision. Under this provision, a student of any age may be eligible for SSI benefits while temporarily outside the U.S. for the purpose of conducting studies if he or she meets the requirements.

There are other work incentives which support SSI and Social Security Disability Insurance (SSDI) beneficiaries’ work activities. For more information about the above and other provisions go to the SSA online work incentive resource, The Redbook on Employment Support, at http://www.ssa.gov/work/ResourcesToolkit/redbook.html. Or call 410/965-0945 or fax 410/965-0696.

New Supports and Opportunities

In 2000, the SSA issued regulations to improve the program’s return-to-work features and provide additional opportunities for youth to gain employment skills and access to work. These regulations made the following changes:

• Student Earned Income Exclusion. Individuals up to age 22, not married nor head of household, who are regularly attending school, are eligible for the Student Earned Income Exclusion. SSA does not count up to $1,320 of earned income per month when figuring the SSI payment amount. The maximum yearly exclusion is $5,340 for 2002. The monthly and yearly limits will be adjusted annually based on the cost of living index.
• Substantial Gainful Activity (SGA). The maximum amount of earnings a person could have and continue to receive SSDI payments was $500 per month in January 1990 through June 1999. This was considered a barrier to those who wanted to work more but feared that they could not sustain work and that they would lose this support. This amount has been increased and, more importantly, is now indexed to the country’s rate of inflation. In 2002, a person can earn $780 per month and continue to receive their SSDI benefits. A visually impaired youth could earn $1300 per month. SGA is an issue for someone applying for SSI.
• Trial Work Period Policy (TWP). Students entering work may use the TWP, which allows SSDI beneficiaries to test their ability to work for a minimum of nine months over a five-year period. During those nine months, the beneficiary will receive full SSDI benefits regardless of earnings so long as they continue to have a disabling impairment. In 2002, SSA increased to $560 the monthly earnings that are used to determine if a month counts for the TWP.

In addition to the new supports and opportunities resulting from changes in regulations, the Ticket to Work and Work Incentives Improvement Act of 1999 offers additional options to youth. The Ticket to Work and Work Incentives Improvement Act of 1999 was enacted to assist people with disabilities who desire to work to overcome various employment barriers. This legislation contains many features that are important to youth, including the following:

• Benefits Planning, Assistance, and Outreach Program (BPA&O). BPA&O Specialists are located in all states and in many different types of service organizations. These specialists are trained and certified to provide accurate information on SSA programs so that they can be selected and used to carry out youth transition goals and plans.
• Protection and Advocacy Services for Beneficiaries of Social Security (PABSS). PABSS staff are available to insure that individuals are aware of their rights and know how to both protect and apply them.

Through these features, assistance is available in the broader community and within the agency at the point of contact between the organization and the applicant for employment services.

There have also been changes that have expedited reinstatement of SSI/SSDI benefits. Effective January 1, 2001, former SSI and SSDI beneficiaries are able to request reinstatement of benefits if the benefits were terminated because he or she went to work and is unable to continue work because of the same medical condition on which previous disability benefit was based. A request for reinstatement must be filed within 60 months from the month in which the previous benefits were terminated.

And, lastly, there have been changes to the continuing disability review process that are of benefit to youth. Effective January 1, 2001, SSA does not conduct a continuing disability review of a SSI or SSDI beneficiary’s medical condition while the beneficiary is using a Ticket to Work. And as of January 1, 2002, SSA will not conduct a continuing disability review of a beneficiary’s medical condition because the beneficiary is working if the beneficiary has received Social Security disability benefits for at least 24 months.

Partnerships to Support Transition

While SSA does not have direct responsibility to provide transition services, it has a vested interest in the outcome of the youth policies and programs of organizations at all levels of government and in the private sector. As a result it is actively engaged in partnerships and relationships which share youth transition as a goal. It is also pilot testing programs that can answer questions about the role SSA plays in overall national youth policy development. Ongoing SSA activities to ensure youth involvement include the following:

• Interagency committee participation.
• Pilot projects on youth and transition.
• Conference participation.
• Agency collaboration funding youth transition program.
• Legislation and policy development.

Examples of current partnerships that are providing SSA with information on the transition process for youth beneficiaries are:

• Youth Continuing Disability Initiative (Maryland and Florida). In Maryland and Florida, youth ages 15 and 16 receiving SSI participate in the pilot initiative for enhanced transition services and are motivated to explore employment opportunities. Participants work with a Career Development Specialist.
• Putting the Pieces Together for Employment (Illinois). In three Illinois high schools, youth with disabilities along with their families are provided benefits counseling in preparation for employment and receive information on additional resources available. This research project is the one project of the 12 State Partnership Initiatives with a youth focused intervention. Participants work with a Benefits Specialist.
• Cooperative Agreement with DC Children’s Medical Center. In Washington, DC, there is a partnership with DC Children’s Medical Center and the school system to provide transition planning for SSI youth 11-21 years of age. Participants receive vocational counseling with their parents and attend transition workshops. Participants have opportunities for leadership development and college preparation. Participants work with a Vocational Rehabilitation Counselor.

SSA also encourages the involvement of SSI/SSDI youth in employment, educational and leadership opportunities such as development of research models and evaluation mechanisms; partnering with agencies in the annual National Youth Leadership Conference; initiating community outreach activities to gather ideas and suggestions from youth, families, service providers, and State and Federal employees; creating youth focused employment support projects; and maintaining a Web site (www.ssa.gov/work) to make it possible for individuals to obtain up to date information on youth focused activities.

The Social Security Administration’s Office of Employment Support Programs looks forward to partnerships with educators and administrators to help youth effectively transition to gainful employment. It anticipates future collaboration in youth forums and other venues, which address youth transition planning, program development, and research and evaluation. Looking to the future, SSA recently held three conferences to gather ideas and suggestions from the public and published a Notice soliciting input from the community on the design of future transition projects and policies.

Conclusion

Long-standing and new SSA provisions provide valuable transition resources. The Social Security Administration continues to plan for new supports to enhance the transition process for youth with disabilities.

J. Kenneth McGill is Associate Commissioner for Employment Support Programs, Social Security Administration, Baltimore. For additional information contact Christa Bucks Camacho at 410/966-5147 or by e-mail at christa.bucks@ssa.gov.

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