While I do not represent families through the maze of social security benefits, it is an important issue that needs to be a factor in transition planning. Navigating the world of such social security entitlement programs as Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) is a byzantine process for parents of children and adults with disabilities. It is challenging even for sophisticated or highly educated parents and requires tremendous amounts of time, patience, and fortitude. Yet, parents shouldn’t have to re-invent wheels as they enter this labyrinth and try to comprehend the variety of regulations that may or may not apply to their child. School IEP teams can provide a tremendous amount of support to both the student and the family by developing meaningful transition plans and goals that help shepherd the family through the process. In particular, schools must be actively involved early in the transition process in identifying and assisting students who are or may become eligible for SSI or SSDI.
Transition plans, which are placed at the back of an IEP document, typically receive short-shrift in many IEP meetings. According to the IDEA, transition planning “is designed to be a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities, including post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation.” Clearly, accessing the social security network falls under adult services, yet many parents remain ignorant of complex programs that would provide support for their children, and schools remain silent on the student’s need. Unfortunately, this failure may preclude the student’s participation in many of the work-incentive programs available for SSI recipients.
The definition of disability used by the Social Security Administration does not always coincide with that of the IEP definition of disability. Thus, the majority of students with IEPs are unlikely to be eligible. In fact, less than half of initial applications for SSI are denied. But for students who qualify, the support can be life-changing.
SSI and SSDI are two completely different programs. SSI is means-based, paid for by the federal government, and in most states results in provision of Medicaid. SSDI is funded by the Social Security Trust Fund and provides Medicare after a waiting period. SSI has extremely strict eligibility guidelines for children under age 18 who must have both severe disabilities as well very-low family income. Although 11 million children in the United States have special health care needs, only 1.7% of them receive SSI benefits. These benefits, which average around $650 a month, are invaluable to very low-income families who are struggling to meet both the family’s and the child’s needs. The need for SSI benefits is periodically reviewed, and all recipients must be re-evaluated by age 18 to ensure they still meet criteria for SSI. The adult definition of disability is different for that of a youth, and approximately 55% of SSI child recipients are initially found ineligible as adults.
Family income requirements are no longer considered when a potential SSI recipient turns 18. Thus, young adults turning 18 who were denied SSI benefits due to family income may now be eligible for the program, assuming they meet the definition of disability. IEP teams should be stepping in when a student is 17 to ensure that parents are aware of their child’s potential eligibility. Having the most up to date evaluations from the IEP team prior to applying to the social security office can be an important element in getting a positive decision.
The work incentive programs that accompany SSI can help provide students with training, support, or services, which will enhance their employment opportunities while still maintaining their SSI benefits as well as Medicaid, should they receive it. These programs allow participants to save money to meet future goals (e.g., job training or starting a business) or permit recipients to deduct disability-related expenses (e.g., job coaches, transportation to work). IEP teams should incorporate SSI work incentive programs as well as goals into the transition plan. One of the primary programs is the Student Earned Income Exclusion (SEIE). Students who are under the age of 22 and regularly attending school are permitted to exclude up to$1,790 per month (not to exceed $7,200 annually). (These figures are adjusted annually.) “Attending school” is defined as attending a college or university for at least 8 hours a week; or in grades 7 through 12 for at least 12 hours a week; or a training course to prepare for employment for at least 12 hours a week (15 hours a week if the course involves shop practice). The SEIE program applies only to students who are approved for SSI and engaged in paid work expenses as part of their transition plans.
The PASS program (Plan for Achieving Self-Support) permits persons who receive SSI to set aside income or resources to prepare for a work goal within a definable time frame. Money can be earmarked for education, vocational training, or starting a business. The PASS program also pays for such work-related items as a personal attendant, job coach, wheelchair, computer, other assistive technology, or transportation. Income placed in a PASS program will neither affect nor reduce the SSI benefit. However, the recipient must have a source of income other than SSI, such as SSDI or work income. Additionally, the recipient must have a reasonable occupational goal and plan that has been approved by the Social Security Administration.
The Impairment Related Work Expenses (IRWE) allows SSI recipients to deduct some of their expenses that are disability-related that support their work. The Blind Work Expenses (BWE) allows persons who are blind to exempt any earned income that is used to meet expenses needed to earn that income. The expenses do not need to be related to blindness.
Social Security Disability Insurance (SSDI) provides assistance to individuals who have worked and paid social security taxes for enough years to be covered under SSDI provided they meet income and disability requirements. One of the most important benefits for students who use the just discussed work incentive programs under SSI is that they may be able to establish eligibility for SSDI more quickly because they will not be required to earn as many work credits as students who have not been employed. Additionally, persons who qualify for SSDI will be eligible for Medicare coverage after 24 months of receiving benefits, which represents a huge boost in insurance over Medicaid. The importance of earning work credits though competitive employment is rarely if ever a topic of conversation in transition meetings. The benefits available under SSDI versus SSI not the least of which Medicare benefits versus Medicaid benefits which are more limited.
Unfortunately, the social service net is continuously under attack by congressional representatives who wish to tackle government deficit spending off the backs of the poor and the disabled. The qualification process for disability under SSI and SSDI is an extremely stringent and difficult process. These programs are not merely for persons with backaches or anxiety, as Senator Rand Paul has suggested, and they certainly do not belong in the crosshairs of so-called fiscal conservatives. These programs provide lifelines to the sick and the disabled.
The details provided in this blog are limited but hopefully help to illustrate some of the benefits that persons with severe disabilities may accrue from the social security network. The Social Security Administration provides considerable information on-line, including its Redbook, but, it’s cumbersome and information may be confusing to absorb. Many families, not all, need to hire private benefit specialists or even attorneys to help enable their loved ones to gain access to these programs. For this reason, I urge transition teams to become more involved in assisting and educating families and students on how to access them. Some districts already do; most do not. Many schools merely insert one-line in transition plans informing parents they need to apply for these services without providing any more information or support. School staff are already required to provide extensive documentation to accompany applications for SSI and SSDI and help bolster the likelihood of approval. Transition teams do not themselves need to become benefits specialists, but they should be doing far more in assisting parents and their children. Perhaps IEP and transition teams them should seek additional training to help families and students.
