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Disability Benefits and Work Resources
Policy and Practice Briefs
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This brief provides an introduction to the state and federal vocational rehabilitation system
outlined in the Rehabilitation Act of 1973. It provides a review of how the vocational rehabilitation
system is integrated within the broader Workforce Investment Act along with a break down for eligibility
and available services. Discussed is financial need criteria, statutory requirements for maximization of
employment, comparable services requirements and individual rights and appeals.
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This brief provides an indepth profile of the myriad of protection and advocacy programs mandated by
Congress which include the mandate, legal authority, eligibility and examples. This includes protection
and advocacy for the developmentally disabled; individuals with mental illness; individual rights;
assistive technology; beneficiaries of Social Security; and, the Client Assistance Program.
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This brief provides a definition of assistive technology and a discussion of funding sources for
assistive technology including: public schools; state vocational rehabilitation agencies; Medicaid;
Medicare; and, SSA's Plan for Achieving Self Support. For each eligibility is reviewed along with
other protections and rights.
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This brief provides an overview of the transition requirements outlined in the Individuals with
Disabilities Education Act. Reviewed are concepts of free appropriate public education, least
restrictive environment; individual education programs; and, due process. The brief provides an
illustrated case study along with a discussion of how special education and vocational rehabilitation intersect.
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This brief details sources of possible overpayments under the Supplemental Security Income and Social
Security Disability Insurance Program. Reviewed is the process for beneficiary notification of overpayment
along with possible remedies and approaches to resolving overpayment issues.
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This brief provides an indepth overview of the Ticket to Work Program. Discussed are eligibility
requirements from both the beneficiary and Employment Network perspective; specific roles and functions;
the Ticket to Work process; payment schedules; and dispute resolution strategies.
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This brief describes types of student loans that exist and effects of defaulted student loans on an
individuals benefits. Reviewed are increased efforts to collect on defaulted student loans as well as
remedies to take a loan out of default.
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This brief provides an overview of the Family Self-Sufficiency Program administered by Housing and
Urban Development. Comparisons and contrasts between Family Self-Sufficiency, the Ticket to Work
and Benefits Planning are drawn as is a template for combining these important employment resources
to effect successful employment outcomes.
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This brief provides a framework for advising Social Security beneficiaries of their rights under
private insurance contracts. Reviewed are basic insurance concepts; coverage issues; pre-existing
condition clauses; COBRA; ERISA; and, appeal rights.
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This brief presents a fifteen case study reflecting on one person's lifelong pursuit of quality
employment. Reviewed along the way are actual life events, supports the individual received and
guidance and information presented to assist the person in making informed choices and connecting
to critical resources needed to support employment.
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This brief provides an overview of the policies and procedures governing the continuing disability
review process within the Social Security Administration. Discussed are the Age 18 Redetermination
process as well as practical tips for beneficiaries and their representative payees as they negotiate
this continuing disability review process.
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This primer provides an in-depth overview of the Plan for Achieving Self-Support (PASS), a
Supplemental Security Income work incentive program. Detailed is how the PASS can support
self-directed vocational rehabilitation and it's impact on an individual's benefits as they
progress toward their established work goal. The process for completing a PASS Application is also reviewed.
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This article is a continuation of "Funding Assistive Technology to Make Work a Reality"
(Policy and Practice Brief #3). This brief reviews the provisions of the Americans with
Disabilities Act (ADA) with a particular emphasis on how the ADA can be used to ensure
that a person with a disability has access to needed assistive technology to do their job,
or to ensure the individual has access to the job site.
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The transition from being considered a "person with a disability" to a "retired individual"
is becoming an increasingly important issue worth more study. This brief focuses on this
pivotal transition in a person's life and discusses issues for BPA&O and PABSS practitioners.
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This brief discusses the topic of legal research within the context of government law, regulation and policy that defines an individual's rights. This document provides a practical framework for all the legal research typically demanded by a BPA&O and PABSS Program. It describes the sources of legal authority available, where they can be found, and when it is appropriate to do legal research. It further discusses when to access outside resources and provides tips for efficient use of these resources.
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This brief provides an overview of the Representative Payee program administered by Social Security. Discussed are the many provisions of the programs as well as practice tips and implications for BPA&O and PABSS personnel.
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Many individuals with disabilities choose self-employment as their vocational goal which poses some interesting issues for the benefits planner. This brief explores the SSI and SSDI policies and procedures regarding self-employment and implications for benefits planning practice.
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This brief explores the case of Brenda, a SSI recipient, who is interested in working toward a goal of self-employment. This case study explores the application of policies and procedures reviewed in Policy and Practice Brief #17 as they apply to Brenda.
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This brief provides a summary of the Anti-Assignment Clause of the Social Security Act and administrative offsets. It provides a description of the child support offset, food stamp debt offset, student loan offset, and interim assistance recoupment. It concludes with a discussion of implications for BPA&O and PABSS Programs.
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This brief explores two developments that have occurred to expand the services available through PABSS programs, including: a change in grant
conditions to allow PABSS attorneys and advocates to handle work-related SSI and SSDI administrative appeals, including overpayments; and amendments, as part of the Social Security Protection Act of 2004, which allow PABSS attorneys and advocates to represent former cash beneficiaries who are getting continued health insurance coverage through either section 1619(b) (Medicaid While Working) or the extended Medicare. This brief describes both the original legislation creating PABSS and original PABSS grant conditions and how amendments to both have expanded who PABSS programs can represent and the type of issues they can handle.
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This brief explores the Earned-Income Tax Credit which is a special tax benefit for working people who earn a low or moderate income. Reviewed are the specifics of the tax credit along with application for how it can support the career development aspirations of beneficiaries with
disabilities.
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This Policy and Practice Brief will explain when SSA's decisions become final and are no longer subject to appeal. The Brief will discuss how to overcome SSA's doctrine of administrative finality. Additionally, the Brief will explain the doctrines of reopenings and re judicata, how each works and how each may be overcome to ensure that claimants and recipients are not harmed by these doctrines.
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This Policy and Practice Brief will explore this federally-sanctioned Order of Selection option that is available to state VR agencies. We will explain what financial circumstances tend to lead a state to selecting this option and the alternatives that states may use to either avoid the Order of Selection or limit the individuals whose needs go unmet because the agency never gets to them on the waiting list.
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This brief provides the reader with a practical guide to understanding the Medicaid program. It reviews services typically covered; eligibility criteria--how to establish and retain eligibility; typical program structure; and, the appeals system.
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This brief focuses on strategies for assisting Benefits Planning, Assistance and Outreach Programs and Protection and Advocacy Projects in conducting outreach to transition-aged youth. Practical applications are identified and resources are provided to assist projects in reaching this untapped population.
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This Policy and Practice Brief will describe how the various SSA income and resource rules intersect with awards and/or settlements from legal proceedings. In addition, this Brief will provide a general overview of the common mechanisms utilized by trust and estates attorneys and other financial planners to protect an individual's continuing eligibility for public benefits.
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This brief provides an overview of the Medicare Modernization Act of 2003 and Medicare Part D for BPAO/PABSS staff and Medicare beneficiaries who are working or interested in working. Included in the brief are detailed descriptions of Medicare Part Ds extra help, the formulary and access rules, the interaction of Medicare Part D with SSA work incentives and factors that should be considered in picking a Prescription Drug Plan. The brief also provides BPAO/PABSS with a framework of their roles and responsibilities in assisting individuals in understanding and navigating the Medicare Part D benefit.
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This policy and practice brief covers the expedited reinstatement (EXR) provisions, introduced into the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs in January 2001. While the EXR provisions apply to both SSDI and SSI benefits, their major impact is on SSDI beneficiaries.
