Meeting the Needs of Youth with Disabilities

Handbook on Supplemental Security Income
Work Incentives and Transition Students

published: October 1998

Jointly developed by:
The Study Group, Inc.
SSI Work Incentives and Transitioning Youth Project
National Transition Network

About this Document

Appendices

• Appendix A: Glossary of Terms
• Appendix B: Questions and Answers
• Appendix C: SSI Application Process
• Appendix D: Applicants’ Rights
• Appendix E: PASS Application (only available in PDF format or printed version available through ICI Publications Office at icipub@umn.edu or (612) 624-4512)
• Appendix F: Resources for School Personnel, Parents, and Students
• Appendix G: Regional Social Security Offices

Appendix A: Glossary of Terms

A number of terms associated with SSA and SSI benefits are unfamiliar to students, parents, and school personnel. It is helpful to know and understand these terms when interacting with the SSA office during the transition process. The following terms found in Red Book on Work Incentives: A Summary Guide to Social Security and Supplemental Security Income Work Incentives for People with Disabilities (1994) may be helpful.

Blind Work Expense Provides that any earned income of a person who is blind which is used to meet expenses reasonably attributable to earning the income is not counted in determining SSI eligibility and the payment amount.

Break-Even Point The dollar amount at which total income precludes SSI payment. As countable income increases, SSI payments decrease until a person is no longer eligible for any SSI payment. A person’s break-even point varies with his/her earned/unearned income mix, applicable income exclusions, and State supplemental eligibility, if any.

Community-Based Vocational Education (CBVE) An effective approach for delivering vocational education and training to Education students with disabilities that increases a student’s independence upon leaving secondary education by providing them with real work experiences in community settings under the supervision of school personnel and employers.

Continuing Disability Review The process of obtaining complete current information about the person’s condition and any work activity to determine if the SSA should continue disability payments.

Countable Income The amount of money remaining after certain exclusions are deducted from the total income. This process is used in determining SSI eligibility and payment amounts.

Deeming The process of considering the income and resources of a parent or spouse to be the income and resources of the person who is applying for SSI benefits.

Impairment-Related Work Expenses (IRWE) Applies to SSI beneficiaries who are not blind. IRWE provides that the cost to the person with a disability of certain items and services related to the impairment and needed to work (e.g. attendant care services, medical devices, etc.) can be deducted from earnings in determining if the person is engaging in SGA. The items and services may also be needed for normal activities. These same impairment-related work expenses can be deducted, under certain circumstances, from earned income to determine an SSI beneficiary’s countable income.

Income Earned income -- money received from wages or self-employment earnings; unearned income -- money received from other sources such as Social Security, Veteran’s benefits, in-kind income (free food, clothing, shelter, or deemed income from parents) which is used in computing the SSI payment amount.

Medicaid Medical coverage provided to a person by the state title XIX program.

Medical Improvement Expected When a disability determination is made and it is determined that the impairment may improve the case is scheduled for future medical review.

Plan for Achieving Self-Support (PASS) Under a plan, a person is permitted to set aside income and/or resources over a reasonable period of time in order to obtain occupational training or education, purchase occupational equipment, establish a business, etc., thereby enabling the person to become financially self-supporting. The income and resources set aside under a plan are excluded from the SSI income and resources test.

Property Essential to Self-Support (PESS) This provision allows full or partial exclusion of certain property necessary for self-support.

Substantial Gainful Activity (SGA) Performance of significant duties over a reasonable period of time in work for pay or profit (generally earnings over $500 per month).

to top of page

Appendix B: Questions and Answers

Eligibility

Question: As a teacher how can I determine if a student should apply for SSI benefits?

Answer: Only the student or his/her parents or guardian can apply for SSI benefits. Some students are already participating in SSI. Others may be eligible but have never applied. To be eligible a student must meet SSA’s disability and income and resources requirements. Prior to a child’s eighteenth birthday his/her family income is considered for eligibility. When a student turns 18 the family income is no longer counted.

SSA requirements for disability determination are not the same as educational requirements for participation in special education. Not all students identified as disabled under IDEA will meet SSA’s requirements for receiving SSI benefits. SSA requirements are focused on medical conditions or combination of conditions that hinder an individuals ability to work. School personnel can assist a student and his/her parents in the application process and provide supporting documentation to SSA during eligibility determination. The final determination of eligibility is made by SSA based on specific rules and regulations.

To initiate the application process the student, parent or guardian must make an appointment with the local Social Security Administration Office. They will be provided with an application form to be completed. Once SSA has all the required information a determination of eligibility will be made. Benefits often associated with SSI, including Medicaid, will differ from state to state. State SSI supplements vary. In the majority of states a student who receives SSI is also eligible for Medicaid. Some states, however, require a separate application for Medicaid benefits. Students, parents, and school personnel must be aware of their individual state requirements and procedures. The local SSA office will provide state specific information and assistance.

Question: Do students who qualify for SSI automatically receive Medicaid benefits?

Answer: The SSI cash benefits program is administered by the Social Security Administration. Medicaid is under the Health Care and Finance Administration and is administered by each state. In the majority of states individuals who are eligible for SSI are also eligible for Medicaid. In some states, however, a separate application must be made to receive Medicaid. The earning thresholds for loss of SSI and Medicaid are also different. Each state has its own Medicaid threshold. It is possible for an individual to lose SSI cash benefits and maintain Medicaid benefits.

Question: Can schools help in the determination process?

Answer: Yes, school personnel familiar with the student and family can help in a variety of ways. First, they can explain to students and parents the potential benefits associated with SSI, including work incentives that can help the student in the transition process. They can explain, in general, the eligibility requirements including the requirements for students who are under or over 18 years old. School personnel can assist parents in securing an appointment with the SSA office and completing the required application form. Most importantly, school personnel can provide SSA with information about the student that will help in the disability determination process.

Question: What information will SSA need to process a student’s application for SSI benefits?

Answer: In general SSA requires:

• the student’s social security number.
• a birth certificate or other proof of birth.
• documentation of income and resources of the student and family.
• medical records and other documentation about disabling conditions and limitations.
• names and addresses of everyone who has worked with or treated the student.

Disability Determination Services (DDS) may request additional information from medical records and service providers and the family. School personnel will often receive questionnaires from the SSA office requesting additional information on a student. It is important that school personnel respond to these requests.

Question: Are the eligibility requirements the same for students below the age of 18 and those 18 or over?

Answer: No. Both income eligibility and disability standards are different. If a student is under 18, the income of his/her family is considered. If a student is over 18, he/she is considered a "family of one" and only the students income and resources are considered in the eligibility determination process.

Disability standards are also different. Childhood eligibility is based on physical and/or mental impairments resulting in marked or severe functional limitations.

Students over 18 years of age are considered adults and the disability determination is based on their functional skills related to work. SSA must determine if the student’s disability is a deterrent to work. However, certain medical and cognitive conditions (e.g. blindness, deafness, mental retardation with an IQ below 59) and others found in the Medical Listing will not change at age 18.

All students who have received SSI benefits prior to 18 years of age must go through a redetermination process when they turn 18.

Question: Are most of the students in special education eligible for SSI?

Answer: No. Only those students who meet SSA’s definitions are eligible. A number of students who exhibit behaviors or conditions that require special education services in order to benefit from special education do not meet SSA’s criteria for participating in SSI. School personnel should be knowledgeable about SSA’s eligibility requirements in order to appropriately advise parents and students. This should not discourage students who may be eligible for benefits and their parents from making an application, however. A number of students who would qualify for SSI benefits do not apply and consequently never participate in SSI programs.

Question: Are there students who are not in special education who would qualify for SSI benefits?

Answer: Yes. There are students who have physical and medical impairments who are not in special education because they do not require specially designed instruction who quality for SSI benefits.

Question: What school information is relevant to the SSI application process?

Answer: Schools have a great deal of information on special education students. Much of this information, however, is related solely to the educational performance of students. SSA is concerned with functional limitations as they apply or may apply in a work setting. SSA will often seek additional information from school personnel on a student applying for SSI. School personnel can provide SSA with information on observed performance of students in a variety of situations, including work sites if the students participates in a CBVE program. School personnel should be careful to provide complete information to SSA. Incomplete records, including interviews, therapy notes, and psychological test records may result in an application being disapproved. Anecdotal information can be provided by teachers, job coaches, and other school personnel to assist SSA in making eligibility determinations.

Question: If a student’s application or redetermination is disapproved, can the decision be appealed?

Answer: Yes. Initial decisions are made by the state Disability Determination Services office. SSA has a three step administrative determination and appeal process. The appeal process applies to most determinations including decisions about eligibility, benefit amounts, and overpayments. SSA provides specific forms for each level of appeal. These forms are available at SSA’s district offices. All appeals must be filed within 60 days from the date of receipt of notice of the decision.

Benefits

Question: What benefits are available to students who receive SSI?

Answer: SSI provides a cash payment to eligible students. The SSI payment amount is based on the amount of income or resources a person has, his or her living arrangements, and the state in which he or she lives. The Federal Benefit Rate (FBR) is determined each year. Many states pay an additional amount in the form of a state supplement.

Countable income includes income received for a child’s parents if the child is under 18 years of age. After the age of 18 the parents’ income is no longer considered in determining eligibility.

The majority of individuals eligible for SSI are also eligible for Medicaid. State Medicaid requirements and thresholds vary. In some states a separate application must be made for Medicaid even if the individual is receiving SSI. For a number of SSI recipients Medicaid eligibility is as important as the SSI cash payment.

Question: Once a student receives SSI will they always receive it?

Answer: Not necessarily. A student may lose SSI benefits if he or she is determined to no longer meet the disability criteria or exceed the SSI income threshold. The status of all SSI recipients are reviewed on a regular basis by SSA. Redetermination of SSI eligibility occurs approximately every three years. Redetermination at age 18 is particularly important because the student’s income calculation is then based on a household of one. The threshold for loss of benefits is the amount of money a recipient can make and continue to receive SSI benefits. Allowances are made, however, for cost associated with the disability, that can be deducted from income in determining SSI payments.

Individuals on SSI are also limited in the amount of assets they can accumulate and continue to receive SSI benefits. As a general rule, an individual cannot have assets in excess of $2,000 and continue to receive SSI benefits. Some assets are considered necessary for employment (e.g. tools, computers, etc.) and are not counted in determining an individual’s asset base.

Question: Are SSI benefits the same in all states?

Answer: The federal benefit rate is the same for all recipients. Most states provide a supplement to the federal benefit. Supplemental benefits vary from state to state.

Question: If a student participants in a paid work experience as part of his/her IEP/transition plan will he/she lose their SSI and Medicaid eligibility?

Answer: In most cases no, unless the student is making more than the threshold allows. This will not be the case for most students in paid employment under the supervision of school personnel as part of the IEP. Nor is it likely to be the case for students with summer jobs. As a general rule students can earn up to two times the amount of their SSI cash payment plus $85 and maintain their eligibility.

Additionally, students are eligible for SSI work incentive programs that allow them to deduct other expenses from their gross income.

Question: What are the work incentives?

Answer: One of SSA’s highest priorities is to help SSI recipients, including students achieve a more independent lifestyle by helping them take advantage of employment opportunities. SSI Work Incentives are intended to give SSI beneficiaries the support they need to enter the work place. Work incentives allow individuals receiving SSI to deduct specified expenses from their gross earnings in calculating SSI payments and continued eligibility in the Medicaid program.

Typically the work incentives have been viewed as support systems for adult workers. However, it is clear that these same incentives may be of advantage to transition-age students, particularly those participating in community-based paid employment programs as part of their transition plan. More and more students, with the support of school personnel, are using work incentives to allow them to work while in school and plan for post-secondary services to support job goals.

Work incentives applicable to students include:

• Earned Income Exclusion. This provision allows a portion of a students earned income to be excluded when figuring SSI monthly payments. There is a general exclusion of $20. In addition the first $65 of earnings in a month is excluded plus one-half of the remainder. This means that less than one-half of a students earnings are counted when calculating his/her SSI payments.
• Student Earned Income Exclusion (SEIE). If a student is under age 22 and attending school he/she may exclude up to $400 of earned income each month for a maximum exclusion of $1,620 per year. The student earned income exclusion is applied before the general income exclusion or the earned income exclusion.
• Impairment-Related Work Expense (IRWE). The costs of certain impairment-related items and services that a student needs to work can be deducted from gross earning. These expenses are excluded from earned income. IRWE’s can be helpful to students in obtaining transportation costs, job coaches, assistive devices needed on the job, as well as other allowable work-related costs than may not be available though the school. A student must report IRWE to SSA. SSA will make approved deductions to the individual’s gross wages.
• Plan for Achieving Self-Support (PASS). A PASS allows a student receiving SSI to set aside income and/or resources for a specified period of time for a work goal. A student could set aside money for continuing education after high school or starting a business. A student must complete a PASS and receive approval from SSA prior to being credited for setting aside the money.
• Blind Work Expenses (BWE). This work incentive allows a blind person to deduct certain expenses needed to earn an income from their earned income when determininmg SSI eligibility and payment amount. For individuals who are blind, the BWE work incentive is more advantageous than the IRWE.
• Property Essential to Self-Support (PESS). PESS allows a person to exclude certain resources that are essential to employment for self-support. For example, property that is used in a trade or business or required by a person as an employee is totally excluded when determining resources for SSI eligibility or payment determination.

Question: What is the relationship between these SSI work incentives and a student’s IEP/transition plan?

Answer:Incorporating SSI work incentives into a student’s IEP/transition plan provides excellent opportunities for students, parents, and other members of the IEP/transition team to explore employment opportunities while the student is still in school. In addition, SSI work incentives provide IEP/transition team members with potential resources for additional postsecondary training and other forms of support when a student exits school.

Question: As an educator all this is new to me. Where can I go for help when I have questions?

Answer:There are several sources where you can get assistance or information depending on your question or concern.

Social Security Administration. One of the best places to go for information is the Social Security Administration. They have a toll free number (1-800-772-1213) that can provide referrals that will answer questions. You can also talk with the SSA Professional Relations Officer in your region. This person is knowledgeable on most aspects of the whole SSI system. In addition, SSA offices have specific staff assigned to work with transitioning youth applying for SSI work incentives (i.e., Work Incentives Liansons and PASS Specialists).

Advocates. Legal aid, legal services offices, and Protection and Advocacy systems can provide information on SSI. Many states and counties have SSI hotlines.

Computer Research Tools. The SSI administrative policies and regulations are constantly changing. There are computer research tools that can be used to track developments in SSA and SSI. These include the SSA publication on CD-Rom which is updated monthly and the Social Security Online.

to top of page

Appendix C: SSI Application Process

Making an Appointment

• Call the local Social Security Office or the toll free SSA number (1-800-772-1213). Be patient, the lines are often busy.
• Make an appointment to initiate the formal application process.

Keep the appointment. You must file your application within 60 days of the initial phone call.

During the Appointment

• Get an application form.
• Request necessary assistance from the Social Security official, in completing the form. You may take the forms home to complete. The forms must be returned to the SSA office by mail or in person.

Keep a copy of the completed forms and all documentation supplied to SSA.

Information Required by SSA

• Student’s social security number.
• A birth certificate or proof of student’s age.
• Information about the student’s income and resources. If the student is under 18 years of age, information about the family income and resources.
• Medical records and other documentation, including school records, about the students disabling conditions and limitations that are in your possession.
• The names and addresses of everyone who has worked with or treated the student.

Helpful Documentation

• Information on the student’s medical condition past and present.
• A description of the student’s functional limitations.
• A list of people Social Security should contact with addresses and telephone numbers.
• Hospital records.
• Records of psychologists, nurses, clinics.
• Names of developmental centers, day care, and preschool workers.
• Names of schools counselors, psychologists, and nurses.
• Names of recent school teachers.
• Names of mental counselors.
• Names of social workers and social welfare agencies.
• Short notes from clergy, relatives, and family friends that describe what the transition student can and cannot do.

Note: SSA does not want applicants to delay filing to gather medical records. SSA will secure medical evidence from information supplied by the parents and student. However, if the family has records in their possession they can be submitted to SSA and may save time in the application process.

to top of page

Appendix D: Applicants' Rights

The following information was reprinted from Understanding SSI, published by the Social Security Administration, September 1997. To obtain detailed information on these rights, please call your local Social Security office or SSA’s toll-free number -- 1-800-772-1213.

You Have The Right To Apply

• Anyone may apply for SSI. There is no charge to apply.

You Have The Right To Help From SSA

• The Social Security Administration will complete the application forms for you based on information you give.
• SSA will help you get documents you need to show that you meet the SSI eligibility requirements.
• If you are applying on the basis of disability or blindness, and SSA decides that the medical information needed to make a decision is not available from existing sources, SSA will pay for you to see a doctor. If a medical exam is needed, you must go to the exam in order to receive benefits. SSA may also pay your travel costs to get to this exam.

You Have The Right To A Representative

• You may appoint someone to help you with your SSI claim and go with you to meetings with SSA.

You Have The Right To A Notice

• SSA will notify you in writing of any decision about your eligibility or any change in your payment amount. SSA will also send copies of all notices to your representative if you one. Each notice will explain your appeal rights.

You Have The Right To Examine Your File

• You or your representative may examine the information in your case file, upon request.

You Have The Right To Appeal

• You may appeal most decisions SSA makes about your eligibility for SSI, or if SSA decides to stop your check.

to top of page

Appendix F: Resources for School Personnel, Parents, and Students

Handbooks and Brochures

The following are available from the Social Security Administration, Washington, D.C. through the U.S. Government Printing Office.

• Red Book on Work Incentives: A Summary Guide to Social Security and Supplemental Work Incentives for People with Disabilities (1995) Publication No. 05-10029
• Social Security: What You Need to Know When You Get SSI (1998) Publication No. 05-11011
• Social Security: Supplemental Security Income (1998) Publication No. 05-11000
• Social Security: Disability Benefits (1998) Publication No. 05-10050
• Working While Disabled: How We Can Help (1998) Publication No. 05-10095
• Social Security: You May be Able to Get SSI (1998) Publication No. 05-10095
• How Social Security Can Help with Vocational Rehabilitation (1994) Publication No. 05-11069
• A Desktop Guide to Social Security and SSI work Incentives (1997) Publication No 05-11002
• A Desktop Guide to SSI Eligibility Requirements (1998) Publication No. 05-11001
• Social Security Update, 1997 (1998) Publication No. 05-10003
• Social Security: The Definition of Disability for Children (1997) Publication No. 05-11053
• Social Security Programs Can Help (1997) Publication No. 05-10057
• Social Security: The Appeals Process (1996) Publication No. 05-10041
• Understanding SSI (1997) Publication No. 17-008
• Disability Evaluation Under Social Security (1995) Publication No. 468600
• Graduating to Independence: Information for Young People with Disabilities (1996)
  Available through: Social Security Administration; Office of Disability, Division of Employment and Rehabilitation Programs; 545 Altmeyer Building; 6401 Security Blvd.; Baltimore, MD 21235; (410) 965-5419 or (410) 965-3612.

The following are available from the National Transition Network, Institute on Community Integration (UAP), University of Minnesota, 103 U-Tech Center, 1313 5th St. S.E., Minneapolis, MN 55414, (612) 627-4008:

• Parent Brief: Supplemental Security Income: A Bridge to Work (January 1998).
• Parent Brief: Supplementary Security Income: So You Have Decided to Apply (October 1998).
• Parent Brief: Supplementary Security Income: The Appeals Process (in progress).

Training Materials

Bazelon Center for Mental Health Law, Washington, D.C.

• The Advocates Guide for SSI for Children (1998)
• SSI-Help for Children with Disabilities (1997)

Cornell University, School of Industrial and Labor Relations Program on Employment and Disability, Ithaca, NY

• Building Blocks to Employment: Self Study Guide (1997)
• Building Blocks to Employment: Participant Manual (1997)
• Building Blocks to Employment: Trainer Manual (1997)

Association of Persons in Supported Employment, Employment Support Institute, Virginia Commonwealth University

• Understanding Social Security Benefits (1994)
• Project WIN: Work Incentives Network Training Manual (1997)
• Sample Student Earned Income and PASS Package for Transition Services (1997)
• Sample PASS Package (1997)
• Sample IRWE Package (1997)

The Disability Law Center of Boston, Disability Benefits Project

• Landry, L. & Cebula (1997) Supplemental Security Income and Social Security Disability Insurance.
• Selby, Paul. (1994) Project door’s guide to using social security work incentives. Bloomington, Indiana: Indiana University Institute for the Study of Developmental Disabilities.

Computer Resources and Tools

Employment Support Institute. School of Business; Virginia Commonwealth University; Richmond VA 23284-4000; Voice Mail: 804-278-0152; Fax: 804-828-8884; Mark Hill, Director

WorkWORLD. WorkWorld is a software that compares and alternative policy options for government assistance programs by simulating the effects on individuals in various situations and on taxpayers. It calculates the financial consequences of the different policies, and then presents the results both graphically and in numbers. WorkWORLD shows what happens to the net income of individuals receiving various combinations of SSI, SSDI, food stamps, Sections 8 housing subsidies and AFDC whey they go to work and increase their earnings. WorkWORLD is not currently available to the general public, however, ESI staff members are available to work groups and teams that want to use the software dynamically in their attempts to devise better strategies and gain consensus. Mark Hill and David Ruth are conducting WorkWORLD demonstrations at various workshops and conferences. Contact David Ruth for more information.

CareerCALC. CareerCALC, developed by Bob Carison and David Ruth, is a decision support software that helps recipients of SSI plan the use of SSI work incentives and calculate the effect of earnings on their benefits. Employment services providers use CareerCALC to help students, trainees, and supported employees gain access to work incentive funds.

SSA publications on CD-ROM/ POMS, SSA Rulings, and SSA Handbook, with monthly updates, are sold through the Government Printing Office, (202) 512-1800 for $234.00 per year.

World Wide Web Sites

Social Security Administration:

Center for Psychiatric Rehabilitation, Boston University

Massachusetts Rehabilitation Commission: Statewide Employment Services

WITNET

Newsletters

Social Security Forum, published monthly. Subscriptions from National Organization of Social Security Claimants’ Representatives (NOSSCR), 6 Prospect Street, Midland, NJ 07432.

Social Security/SSI Advocates Information Mailing, published monthly by Ethel Zelenske, National Senior Citizens Law Center (NSCLC). Subscription from NSCLC, 1101 14th Street, Suite 400, Washington, D.C. 20005

SSI Coalition Newsletter, published bimonthly by the Disability Benefits Project at the Disability Law Center. Subscription from the Disability Law Center, 11 Beacon Street, Suite 925, Boston, MA 02108.

to top of page

Appendix G: Regional Social Security Offices

Boston Region I

Regional Commissioner, SSA
Attn: Disability Programs Branch
Room 1100
John F. Kennedy Federal Office Building
Cambridge Street
Boston, Massachusetts 02203

New York Region II

Regional Commissioner, SSA
Attn: Disability Programs Branch
Room 40-102, Federal Office Building
26 Federal Plaza
New York, New York 10278

Philadelphia Region III

Regional Commissioner, SSA
Attn: Disability Programs Branch
P.O. Box 8788
3535 Market Street
Philadelphia, Pennsylvania 19104

Atlanta Region IV

Regional Commissioner, SSA
Attn: Disability Programs Branch
Suite 1902
101 Marietta Tower
Atlanta, Georgia 30323

Chicago Region V

Regional Commissioner, SSA
Attn: Disability Programs Branch
10th Floor
600 West Madison
Chicago, Illinois 60661

Dallas Region VI

Regional Commissioner, SSA
Attn: Disability Programs Branch
Room 1440
1200 Main Tower Building
Dallas, Texas 75202

Kansas City Region VII

Regional Commissioner, SSA
Attn: Disability Program Building
Room 436, Federal Office Building
601 East 12th Street
Kansas City, Missouri 64106

Denver Region VIII

Regional Commissioner, SSA
Attn: Disability Programs Branch
Room 1194, Federal Office Building
1961 Stout Street
Denver, Colorado 80294

San Francisco Region IX

Regional Commissioner, SSA
Attn: Disability Programs Branch
75 Hawthorne Street
San Francisco, California 94105

Seattle Region X

Regional Commissioner, SSA
Attn: Disability Programs Branch
2201 Sixth Avenue M/S RX-53
Seattle, Washington 98121

Contents

• Title Page
• Introduction
• Transition Students and SSI Work Incentives
• SSI Program Eligibility
• SSI Program Work Incentives
• Conclusion
• References
• Appendices

Click here to download the Printer Ready Version in PDF format (150K). You must have Adobe Acrobat Reader to download this file. Click here for more information on how to order this publication.