the equip for equality pabss project presents

The Equip For Equality PABSS Project Presents

TICKET$ TO WORKTICKET$ TO WORK

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Know Your RightsProtect Your Benefits

A Guide for Social Security Beneficiaries

EQUIP FOR EQUALITY P

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


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

The PABSS Project at Equip For Equality

Call PABSS for Help Call PABSS for Help With …With …

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PABSS: A Blue Ribbon Project

PABSSProtection and Advocacy for Beneficiaries of Social Security

PABSS

Breaking Down Barriers to Employment

Created by the Ticket to Work Act A Win-Win-Win-Win Situation


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


Breaking Down BarriersBarriers 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

PABSS:


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!


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!

Social Security AdministrationRules and Work Incentives

SSI and SSDISSI and SSDI

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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


Social Security Work Incentives

Social Security Work Incentives

Rules that allow SSI and SSDI beneficiaries to work and protect their cash and medical

benefits.


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


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


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

The Ticket To Work

Is This Your Winning Ticket?

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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)


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)


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


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


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


BPA&OMAP


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 the IWP fits

your needs & goals Have the EN or DRS send

the IWP to Maximus


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


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

CDRs already scheduled will still be conducted So… Make sure that the EN or DRS

sends your work plan to Maximus


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.

Laws Regarding Disability Discrimination

In the Beginning…

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In the Beginning…

Do not curse the deaf or place a stumbling block before the blind…

3300 Years Ago

Leviticus 19:14:


… And More Recently

30 Years AgoThe Rehabilitation Act

Creates a right to receive vocational rehabilitation; Prohibits discrimination by federal funding recipients

13 Years AgoThe Americans With Disabilities Act (ADA)

Provides equal opportunity and access in employment, governmental services, public accommodations, and telecommunications.

10 Years AgoThe Family and Medical Leave Act

Allows time off from work to care for themselves or family members with serious health conditions.

The Rehabilitation Act

Your Right to Receive Vocational Rehabilitation

Services

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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


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.


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.

The Americans With Disabilities Act (ADA)

The ADA in the The ADA in the Real WorldReal World

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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


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 !!


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.

Title I of the ADA

The ADA in the Workplace

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Employers Covered by the ADA

Employers with 15 or more employeesAll State and local government

employers with at least one employeeLocal laws may cover smaller private

employers


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 impairment or 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


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


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.


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


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


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?


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


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


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


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 disabilityReason for requestRequested accommodation


Reasonable Accommodation:The Interactive Process The ADA envisions an interactive process in

deciding on a reasonable accommodation The Employee 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


Adverse Job Actions:Discipline and Termination

Discipline and Termination Issues

Rules and Their Enforcement Must Be: Evenly Applied

Consistently Apply Consistent Standards Job-related Consistent with business necessity Non-Discriminatory

There must not be a disparate impact on employees with disabilities


Adverse Job Actions:Discipline and Termination

Steps to Take in Instituting Discipline Consult with the employee Ensure that the discipline can be justified and is non-discriminatory Fully consider the reasons why the disabled employee might have behaved in the way which has led to the disciplinary action Be sure that the discipline or termination could not be

avoided by any reasonable accommodation. The Employer can and should raise the issue when

the need appears obvious.


Confidentiality

All information about disability and accommodations

Information can be available to supervisors Separate medical and personnel files


Harassment

Based on disability Pervasive or severe and affecting a term,

condition, or privilege of employment Employer knew or should have known, and

failed to take remedial action


Employment Application And Interview Tips

You do not have to disclose your disability unless: You need a reasonable accommodation Your have received a conditional offer of employment It may help you get the job

How to deal with inappropriate questions – DO NOT LIE! On the application, leave it blank (get an extra copy) On the interview, say, “I do not answer questions about

private matters unrelated to the job. I would be happy to discuss my qualifications for this job.”

“I took time off to handle a private family matter.”


Tips For Requesting A Reasonable Accommodation

Put your request in writing If possible include a letter from your doctor

describing your disability and the reasons for the requested accommodation

Ask for a response by a specific date Keep a copy of the letter If the accommodation is provided, send a

“Thank You” letter Check the JAN Website

ADA Review

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Because Once is Not Enough


ADA Review – Applicability

The ADA applies to individuals with a substantial limitation of a major life activity who are qualified to do the essential functions of the job with or without a reasonable accommodation.

The ADA applies to employers with 15 or more employees although The Illinois Human Rights Act applies to all employers.


ADA Review

People do not have to disclose a disability unless: They need a reasonable

accommodation They have received a

conditional job offer They want to because it may

help them get the job


ADA Review - Reasonable Accommodations

Reasonable Accommodations must be provided unless they:

Are an undue hardship Pose a health or safety risk to the employee or

others Constitute a fundamental alteration of the job

An effective accommodation, not necessarily the requested accommodation must be provided.

Employers may request medical information only to substantiate the employee’s disability and

their need for an accommodation.

The Family Medical Leave Act

The FMLA,Family Values, and Disability

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Reasons for FMLA Leave

Covered employees are entitled to up to 12 weeks of medical leave for any of the following reasons:

The birth and care of a newborn child Placement with the employee of a son or daughter for adoption or foster care;

To care for an immediate family member (spouse, child, or parent) with a serious health condition; or

To take medical leave when the employee is unable to work because of a serious health condition.


FMLA Leave

FMLA Leave Provides: Up to 12 weeks of leave in a 12 month period

(The 12 weeks may be taken intermittently) Maintenance of Health Care Coverage Job Protection FMLA Leave is usually unpaid


FMLA – Employer Coverage

Employers covered by the FMLA: Private-sector employers who employ 50 or

more employees; and

All Public agencies (Including state, local, and federal employers, local education agencies (schools), (the number of employees is not relevant)


FMLA – Employee Coverage

The Employee (Worker) must meet all of these conditions to be protected by the FMLA:

Working at a covered employer Worked for the employer for 12 months.

(The 12 months do not have to be consecutive) and

Performed 1250 hours of work during those 12 months


FMLA – ADA Interplay

As a Reasonable Accommodation under the ADA, FMLA Leave may be:

Extended beyond 12 weeks Given to an employee who is otherwise not eligible under the FMLA and/or Given as paid leave

Employment Statistics

"Get your facts first, and then you can distort them as much as you please."

Mark Twain

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“There are white lies, damn lies, and statistics.”

Will Rogers


Employment Statistics

Employment Statistics Regarding the ADA and People with Disabilities

20% of the U.S. population has a disability. Almost half of these people, 26 million, have a severe disability.

29% of adults with disabilities are working. 79% of adults without disabilities are working.

The percentage of adults with disabilities who are working has remained virtually unchanged since 1986.

36% of employed people with disabilities say they have encountered discrimination in the workplace.

90% of people who have heard of the ADA support it.


JAN Statistics

Reasonable Accommodation Costs vs. Benefits 20% cost nothing Over 70% cost $ 500 or less Median Cost: $ 250

Benefit to the Company: $ 35 for each $1 spent


Reasonable Accommodation Costs vs. Benefits

Reasonable Accommodation Costs 20% cost nothing Over 70% cost $ 500 or less Median Cost: $ 250Reasonable Accommodation Benefits Hiring/Retaining a qualified employee Saved insurance and training costs Increased ProductivityBenefit to the Company: $ 35 for each $1 spent


Company Benefits from Accommodations

Hired or retained a qualified employee: 56%Eliminated cost of new employee training:

31%Saved insurance costs:

38%Increased the worker's productivity:

54%Other:

25%

(Note: This total over 100% as companies often experience more than one benefit)


Procedures to Pursue a Claim of Discrimination

• Contact Equip For Equality File with The Equal Employment Opportunity Commission

(EEOC) or another Agency There also are City, County, and State Agencies There are different time limits:

For filing with a state agency – 180 days For filing with the EEOC – 300 days Federal employees – 45 days;

Receive a “Right to Sue” letter FMLA cases must be filed with the

Department of Labor

School to Work Transitions

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SCHOOL TO WORKSCHOOL TO WORK

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Transition Planning

What is Transition Planning? Transition Planning is the creation of a detailed “Transition

Plan” to help special education students move from school to post-school activities.

School districts are responsible for starting the transition process to ensure advance planning for adult programs and services.

Transition Planning Services should begin at age 14 and be reviewed annually

The Transition Plan should be included in the student’s IEP (Individualized Education Plan)


Creating The Transition Plan

The Transition Plan should be formed with collaboration from the

following:• The Student• Their Parents• The School• The Board of Education• The Office of

Rehabilitation Services (DRS)

The Transition Plan should be based upon

the student’s:

• Needs• Preferences• Potential • Abilities• Interests


Transition Plan Contents

The Transition Plan should offer the following specific services:

• Instruction • Community experiences• A functional vocational evaluation • Social work services • Developing employment and other post-school adult living objectives • When appropriate, acquisition of daily living skills • Related Services – including School rehabilitation counseling • Other necessary services

The areas of adult living to be considered include:

• Independent Living• Vocational Training• Continuing and Adult Education• Adult Services• Integrated Employment (Including

supported employment)• Community Participation and integrated community living• Developing skills necessary for post-secondary education• A specific job or career


Transition Plan Summary

Remember• Beginning Transition Planning two years prior to leaving school prevents an interruption in services and facilitates a smooth and seamless transition to adulthood.• Services may be provided by DRS but it is ultimately the school’s responsibility to provide the services. • The law envisions cooperative transition planning by the student, their family, DRS, and the school.


Transition Planning

School to Work Transition PlanningBeginning Transition Planning at age 14 prevents an interruption in services and facilitates a

smooth and seamless transition to adulthood.Services may be provided by DRS but it is

ultimately the school’s responsibility to provide the services.

The law envisions cooperative transition planning by the student, their family, DRS , and

the school.


Resources

www.equipforequality.org (Equip For Equality)

www.ssa.gov/work (Social Security Administration)

www.jan.wvu.edu(Job Accommodation Network)

www.ci.chi.il.us/Disabilities(Mayor’s Office for People with Disabilities)

www.yourticketowork.com (Maximus - Progam Manager for the Ticket to Work)

http://www.equipforequality.org/



http://www.ssa.gov/work

http://www.jan.wvu.edu/






http://www.ci.chi.il.us/Disabilities

http://www.yourticketowork.com/




Resources

Equip For Equality www.equipforequality.org Job Accommodation Network

www.jan.wvu.edu Equal Employment Opportunity Commission www.eeoc.gov Social Security Administration www.ssa.gov Maximus – (Progam Manager for the Ticket to Work) www.yourticketowork.com Mayor’s Office for People with Disabilities www.ci.chi.il.us/Disabilities










http://www.eeoc.gov/

http://www.ssa.gov/










MoreResources

U.S. Department of Justice ADA Home Page www.usdoj.gov/crt/adahom1.htm

ADA Disability and Business Tech. Asst. Ctr. www.adata.org/dbtac.html Industrial Labor Relation Program on

Employment and Disability www.ilr.cornell.edu/ped

http://www.usdoj.gov/crt/adahom1.htm








http://www.adata.org/dbtac.html

http://www.adata.org/dbtac.html

http://www.ilr.cornell.edu/ped.gov








TICKET$ TO WORKTICKET$ TO WORKKnow Your Rights

Protect Your Benefits

THE ENDTHE END

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the equip for equality pabss project presents

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