Equip for Equality

The Ticket to Work; Is it A Winning Ticket?

By Alan M. Goldstein, Attorney and PABSS Project Manager at Equip For Equality

"I want to work but I need help finding a job!" Many people feel this way. This sentiment is even more common among people with disabilities. In 1999, the United States Congress passed a law specifically designed to help people who receive Social Security disability benefits who work or want to work. This law, passed with widespread support from Democrats and Republicans, has the catchy title: "The Ticket to Work and Work Incentives Improvement Act of 1999," often referred to as "TWWIIA." This law created the "Ticket to Work Program," where Equip for Equality plays an important role, actively assisting and advocating for our clients.

TWWIIA helps individuals who receive Social Security Disability Benefits obtain job skills and jobs. Currently, less than 1% of these recipients are working, although some 72% want to work, according to a recent Harris Poll. The Social Security Administration (SSA) would like to see individuals earn enough money so that they no longer need cash benefits from SSA (both SSI and SSDI benefits).

Many of us are familiar with the barriers that people with disabilities face when trying to find or keep our jobs. TWWIIA seeks to remove these barriers. It does this in three ways:

1. Providing free professional assistance by the PABSS and BPAO Projects;
2. Improving Social Security work incentives that allow people to work and keep their cash and/or health benefits;
3. Creating a "Ticket to Work Program," to increase the number of places that provide assistance in finding jobs. These employment support services are accessed by using the "Ticket," a rectangular, 6"X 9" piece of cardboard that looks like this:

1. Free professional assistance by the PABSS and BPAO Projects

One barrier facing many individuals with disabilities is difficulty in obtaining professional legal and financial advice. "The Ticket Program" seeks to lessen this problem by creating two programs, the PABSS and BPAO Projects.

PABSS (Protection and Advocacy for Beneficiaries of Social Security)

The PABSS Project at Equip for Equality began in September 2001 and provides two important services to Social Security Beneficiaries at no charge:

Education, Training, and Outreach covering:

• The "Ticket to Work Program"
• Employment Rights
• Vocational Rehabilitation
• Transition Planning
• Social Security Work Incentives
• Social Security Overpayments and Continuing Disability Reviews

• Legal Advice, Advocacy, Representation regarding the areas listed above or any other barrier to work.

PABSS seeks to prevent and solve problems through education and advocacy. In 2003, Equip for Equality's PABSS Project provided training and outreach to over 2000 individuals and provided legal representation and advice for 275 people. PABSS puts forth extra effort to ensure that PABSS services are provided to underserved populations, including people of diverse backgrounds and heritages. In addition, the Ticket to Work Section of EFE's Website, www.equipforequality.org, makes a wealth of information available to the 26,700 people who annually visit EFE's Website. To access this information, click on the words "Ticket to Work" on the left column of the EFE Home Page screen for these resources regarding:

The Americans with Disabilities Act

Fact Sheets on:

• Transition Planning
• Overpayment Issues
• Unemployment Compensation Issues

The PABSS Training Guide for its training titled, Ticket$ to Work: Know Your Rights, Protect Your Benefits. The material covers: The Ticket to Work Program, SSA Work Incentives, Vocational Rehabilitation, and Employment Rights.

• An Illinois BPA&O Map (Benefits Planning, Assistance, and Outreach)
• BPA&O General Information
• Two Power Point Presentations:

PABSS Ticket$ to Work training information, (as outlined above)

• The ADA and the Supreme Court

BPAO Projects (Benefits Planning, Assistance, and Outreach)

Beginning around the same time as the PABSS Project, the BPAO Projects provide training and professional benefits planning advice regarding "The Ticket Program," Social Security Work Incentives, and Benefits planning for a wide range of benefits. A recent study showed that many people were able to obtain jobs shortly after receiving BPAO assistance. (BPAO information is available through the "Ticket to Work" Section of EFE's Website - the directions are provided above). A specially trained Benefits Specialist can:

• Provide information showing how an individual's benefits will be affected if they go to work. These benefits include SSI/SSDI, subsidized housing, food stamps, and welfare benefits, Medicaid and Medicare.
• Give individuals a written report that shows how their benefits will change based on earnings from their job.
• Tell individuals about other community services that can help them.
• Be available to answer any questions individuals have about their benefits, even after they go to work.
• Provide ongoing benefits management which can include a new analysis if they get a raise.
• Make a referral to help individuals resolve any legal barriers related to employment and disability, such as ADA issues.

It is essential that individuals with disabilities who are working or thinking about working contact a Benefits Specialist with a BPAO Project immediately. And, anyone who is facing a barrier in their return to work should contact The PABSS Project at Equip for Equality. The services offered by the PABSS and BPAO Projects have been highly effective in helping people with disabilities participate in the workforce, the main goal of the "Ticket to Work Program,"

2. Improving Social Security work incentives that allow people to work and maintain their disability benefits;

In addition to creating the PABSS and BPAO Projects, the "Ticket to Work Program" improved the Social Security Work Incentives available to individuals who work. These Work Incentives allow a person to keep their health and/or financial benefits when working. For those of you who are not familiar with these work incentives, please visit the Ticket to Work Section of the EFE Website, www.equipforequality.org, or the Social Security Administration's Website, www.ssa.gov.

The Social Security Administration (SSA) provides two types of disability benefits: SSI benefits have a maximum of $564 per month. SSDI benefits can be higher than SSI benefits and are paid to individuals who worked and contributed to the Social Security Fund through F.I.C.A. payroll deductions. There are different work incentive rules depending on whether a person receives SSI or SSDI benefits. The full extent of Work Incentive Rules are too complicated to explain in this article, but they are explained in the Social Security Red Book which can be accessed through either of EFE's or SSA's websites. SSA, PABSS, and BPAO Specialists can also provide work incentive information. The Ticket to Work Program improved these work incentives by:

• Liberalizing Work Incentive Standards to allow beneficiaries a higher level of cash benefits while working
• Extending Medical Coverage under Medicare and under State Buy-In provisions under Medicaid.

The Medicaid buy-in option will be a particularly powerful incentive for beneficiaries who currently require services that may not be covered by most employer's health benefit plans. This option is also intended to address employer fears that their health insurance costs will increase if they hire people with disabilities.

• Providing Protection from SSA Continuing Disability Reviews
• Allowing Expedited Reinstatement of Benefits if you are unable to continue working due to your disability

There is no doubt that these improved work incentives have benefited people with disabilities who are working or trying to work, just as the PABSS and BPAO Projects have been a valuable asset for people with disabilities. In addition to these changes, the "Ticket to Work Program" sought to increase the number of service providers providing employment assistance to people with disabilities by creating entities known as Employment Networks. Unfortunately, this part of the "Ticket to Work Program" has not been as successful as originally hoped, but changes are underway to improve the Employment Network system.

3. Increasing the number of employment support service providers for people with disabilities.

The "Ticket to Work Program" sought to expand the number of employment support service providers available to people with disabilities. Previously, only a state's vocational rehabilitation agency provided free employment services. The "Ticket to Work Program" allowed organizations to apply to become what is called an "Employment Network," (EN). The state's vocational rehabilitation agency would automatically be an EN. In Illinois, this agency is the Division of Rehabilitation Services (DRS), which was previously called the Office of Rehabilitation Services (ORS).

Almost all Social Security Beneficiaries aged 18-64 were issued a "Ticket," a rectangular, 6"X 9" piece of cardboard that was pictured earlier in the article. The "Ticket to Work Program" is entirely voluntary. No one is required to do anything with their "Ticket." The only penalty for not using a "Ticket" is that an opportunity for employment assistance is missed. A person is free to throw the "Ticket" away and do nothing with it. However, if a person wanted to find work, the process for using a "Ticket was this:

• The person receiving the "Ticket" would research the Employment Networks that serve their state and choose the one that fit their needs to obtain job planning and placement assistance.
• They would give that EN their "Ticket" and formulate and Individual Work Plan (IWP). With DRS, this plan is called an Individual Plan for Employment (IPE).
• The IWP or IPE is signed by the person receiving services and the DRS counselor and sent to Maximus, the company selected by SSA to manage the "Ticket to Work Program." Maximus must approve the work plan. If they do, and if the person follows their plan, then SSA will not conduct a Continuing Disability Review on the beneficiary. (For more information on Maximus and Continuing Disability Reviews, check the "Ticket to Work" Section of EFE's website).
• Hopefully, the work plan is approved by Maximus and the individual is able to find work.
• If the person earns enough money so that they no longer receive cash benefits from Social Security, then the EN will receive payment from SSA. (As mentioned before, even individuals who no longer qualify for cash benefits due to earnings can keep their health insurance under Medicare and Medicaid).

Unfortunately, the last part of the "Ticket" process has been problematic. Since for Employment Networks are not paid until the end of the process, and as they are only paid if the individual earns enough money to go off of cash benefits, it has been very difficult for the ENs to provide free assistance to Ticket holders. In fact, most Tickets in Illinois and across the country are placed with the state vocational rehabilitation agency (DRS in Illinois).

Note: Except for DRS, which must accept all "Tickets," ENs are free to not accept a "Ticket." In this event, the person should continue their research and find another EN where they would like to place their "Ticket."

4. The "Ticket to Work Program" Today and into the Future

The "Ticket to Work Program" has been assisting Social Security Beneficiaries since 1999. Congress recently reauthorized the program until 2009. With any new program, there are going to be problems and situations that do not work as well as expected. Despite the problems with the "Ticket to Work Program," (mostly related to the payment system for Employment Networks), there is hope that the program will be improved in the future. In addition, there are many aspects of the "Ticket to Work Program" that are accomplishing the goal of assisting individuals with disabilities obtain, retain, or regain employment. In summary, as of May 1, 2004, here is the status of the "Ticket to Work Program" in Illinois as we look toward the future:

• The PABSS and BPAO Projects are successfully assisting individuals with disabilities throughout Illinois.
• Illinois has 63 Employment Networks, more than every state except New York and California.
• A Pilot Program in Chicago, instituted by Health and Disability Advocates, will allow some ENs to receive up-front money on clients referred by One-Stop Disability Navigators. (One-Stop service providers are funded by the Department of Labor to provide job search assistance to individuals with and without disabilities. The Disability Navigators are people specially trained to meet the needs of job seekers with disabilities).
• A national organization established by the "Ticket to Work Program," the "Ticket to Work Advisory Panel," has recommended that Congress improve the payment system to Employment Networks. The suggested changes would allow ENs to receive money when accepting a case and when individuals earn income, even if the beneficiaries do not earn enough to end their cash benefits.
• Congress is looking at providing "Tickets" to individuals younger than 18 years old so that they can receive assistance in transition planning. Giving "Tickets" to people over 64 years of age is also being considered.
• SSA has trained "Work Incentive Specialists" to help beneficiaries who work.
• SSA has improved their method of tracking income for working individuals in order to prevent Overpayments.
• As the "Ticket to Work Program" matures, it is being modified to better serve individuals with disabilities in Illinois and across the United States.

Therefore, even though the "Ticket to Work Program" has not been as successful as originally hoped, everyone has noticed the problems and seems to agree on the nature of the changes that are necessary to improve the program. If you have any questions or would like more information, contact the PABSS Project at Equip for Equality - make sure that the "Ticket to Work" works for YOU!