How do payments from Programs for Older Americans affect SSA disability benefits?

Beneficiaries aged 55 and older who are working under government-sponsored training programs, referred to as Programs for Older Americans, or Senior Community Service Employment Programs (SCSEP), need accurate information as to how wages and other payments under these programs affect SSA disability benefits. In order to know this, it is important to understand the relevant POMS citations in both the Title II and SSI programs.

These programs are established in chapter 35 of title 42 of the U.S. Code, Programs for Older Americans. There are different programs established under the Older Americans Act, such as Foster Grandparents, and volunteer programs. The focus of this entry is employment programs. Here is a summary of Chapter 35, subchapter IX:

Programs for Older Americans, Subchapter IX – Community Service Employment Program

This program was established to foster individual economic self-sufficiency and promote useful opportunities in community service activities, including community service employment, for individuals who meet the eligibility criteria. Criteria include: age 55 or older, has

income of not more than 125% of the poverty level (excluding income that is unemployment compensation, SSI, veteran’s benefits paid from the VA, or 25% of SSA Title II benefits). The program also ensures that safe and healthy conditions are provided and will ensure that the participants will be paid wages that shall not be lower than whichever is highest of: the minimum wage under the Fair Labor Standards Act, the state or local minimum wage, or the prevailing rates of pay for individuals in similar public occupations by the same employer.

Here is a link for more information about Chapter 35: http://www.law.cornell.edu/uscode/html/uscode42/usc_sup_01_42_10_35.html

Under the Title II program, (SSDI, CWB, DWB), the relevant POMS citation that provides information about evaluating payments under these programs is DI 10505.025 – Special Employment Situations.

Here is the relevant section:

1. Job training and employment programs

a. General

Federal funds have been made available to State and local agencies to provide job training and employment opportunities for economically disadvantaged, unemployed and underemployed people to prepare them to function acceptably in various kinds of competitive employment.

b. Documentation and evaluation

The work activity of a person in a government-sponsored job training program must be evaluated under the usual criteria for earnings and services as discussed in DI 10505.001 through DI 10505.020, in order to determine whether he or she is engaging in SGA. A decision as to whether the work is SGA, and when such SGA may have begun, should be based on information as to the person's “countable earnings” and performance. Workers under any of these programs should not, therefore, be treated as a group. Rather, each case should be evaluated on its own merits.

The “countable earnings” of a person involved in a government-sponsored job training program are determined in the same manner as for all types of employees, as discussed in DI 10505.001. It should be noted, however, that subsidies are frequently involved in work for such programs. It is important, therefore, to consider this possibility and, when appropriate, to develop thoroughly the issue of subsidy in accordance with DI 10505.010A.

If, after the issue of subsidy (and/or impairment-related work expenses (IRWE)) is resolved, a person’s “countable earnings” are not more than the amount shown in the SGA Earnings Guidelines, and if the work does not meet either the test of comparability or the test of worth of work in circumstances where these tests apply (see DI 10505.020C.), the work activity will not be found to represent SGA. (See DI 10505.015 for when averaging earnings applies.)

Under some government-sponsored programs, part of the participant's time may be devoted to on-the-job training. Whether the person's activity is all work or whether such training is also involved, all of the SGA tests as discussed above apply.

For purposes of charging months of the trial work period (TWP), the provisions in DI 13010.050 apply.

In other words, under the Title II program, the work activity of a beneficiary participating in a program for older Americans will be evaluated in the same manner as other employment situations, with special attention paid to the possibility of subsidy. Payments that do not reflect work activity, such as reimbursement for expenses, would not be counted.

Under the SSI program, there may be a distinction between earned and unearned income, and what income is “countable”. The relevant citation here is: SI 00830.640 Programs for Older Americans:

A. INTRODUCTION

The Federal Government through the Administration on Aging is involved in a variety of programs for older Americans. The programs may be operated by State or local governments or community organizations. Some types of programs are:

· health services;

· nutrition services (see SI 00830.635);

· legal assistance; and

· community service employment.

B. POLICY

1. Wage or Salary

A wage or salary paid under chapter 35 of title 42 of the U.S. Code, Programs for Older Americans, is earned income subject to the general SSI policies on earned income.

2. Not a Wage or Salary

Anything provided under chapter 35 of title 42 of the U.S. Code, Programs for Older Americans, other than a wage or salary is excluded from income.

C. PROCEDURE

1. Verify Program

Use documents in the individual's possession, contact with the provider or a local council on aging, or a precedent to verify that the program is funded by the Federal Government under chapter 35 of “The Older Americans Act ” and whether a wage or salary is paid.

2. Wage or Salary

See SI 00820.100 ff.

3. Not a Wage or Salary-Accept Allegation

Accept the individual's allegation of receipt of anything other than a wage or salary and exclude it without further development unless you have reason to question the allegation.

To summarize, wages that an SSI beneficiary receives through a program for older Americans would count as earned income, and all of the earned income exclusions would apply. Any other type of payment would not count either as earned or unearned income. This is great news for SSI beneficiaries, as earned income is treated more favorably than unearned income under this program.

Any questions may be directed to: rsi5@srt.com

Health Care Reform - Changes in Law

This past week was the six month anniversary of the signing of the Affordable Care Act by President Obama. Several important pieces of the health care reform bill went into effect on September 23, 2010. This post highlights the most important changes in federal health care law. In addition, it provides more information on www.healthcare.gov, a national website that has valuable information for everyone wanting more information.

In effect as of September 23, 2010:

Rescission is Outlawed

Insurance companies aren’t allowed to drop people’s coverage when they get sick (this is known as “rescission”).

New Coverage Options for Children

Insurance companies aren’t allowed to deny coverage to children under 19 because of pre-existing conditions.

Children can stay on (or be added to) their parents’ insurance policies until they turn 26, if they can’t get insurance through a job. This applies to all insurance plans that provide dependent coverage. A new open enrollment period for children starts on September 23, 2010 and is required by law to continue for at least 30 days.

Ban on Lifetime Coverage Limits

For new individual insurance and all group plans, insurance companies aren’t allowed to put caps on the amount they will spend on lifetime coverage costs on “essential benefits”. Essential benefits include hospital stays, doctor visits, and prescription drugs.

Annual limits are restricted in all group plans and in new individual plans. Starting in 2014, annual limits will be banned completely.

More Preventive Services Covered by Private Health Coverage

All new group and individual plans will have to cover certain recommended preventive services, like cancer and diabetes screenings. Insurance companies will be required to offer these services free to the patient - without deductible, coinsurance, or copayment charges.

In effect in 2011:

Prescription Drug Discounts for People who Fall in Medicare’s Donut Hole

Starting January 1, 2011, people on Medicare who fall within the prescription drug coverage gap (the “donut hole”) will get a 50% discount on brand name prescription drugs and a 7% discount on generics.

These discounts are in addition to the annual rebates for people who fall in Medicare’s “donut hole”.

The website www.HealthCare.gov can provide you with invaluable information on changes under the health reform bill, the Affordable Care Act of 2010 (ACA).

For beneficiaries, there is an easy-to-use tool on this website called “Find Insurance Options”. Beneficiaries can use this tool by themselves to learn about the health care options that are available to them, given their circumstances (age, health condition, etc.). For example, it will provide information on specific Medicaid categories that they may be qualified for. It can ba found at: http://finder.healthcare.gov/ .

To read about changes to the High Risk Pool program in you state, go to http://www.healthcare.gov/law/provisions/preexisting/index.html and enter in your state. You will learn about how your state has chosen to implement its Pre-Existing Condition Insurance Plan program, which can either supplement or replace the existing state High Risk Pool. There is also a timeline on the website showing major changes that occur each year, with links to more information on each change.

Any questions may be directed to: rsi5@srt.com

Verizon Customers, Welcome To Haven!

by Walter Gramza

It's finally here! An affordable, fully accessible phone from Verizon

Wireless.

As of July 29th, 2010, Verizon Wireless has available in its stores a phone

for blind and visually impaired persons which is fully audible via Nuance

speech. There is no extra charge for the speech package, as it is already

installed in the phone and ready for use out of the box.

It is important to note here that when you go to the store, please make sure

that you tell the person assisting you to be sure to turn on the voices

called read outs, located under settings, then sounds, and down to voices.

The six items to be turned on are:

. Menu read out

. digit read out

. alert read out

. flip open and talk

. text message read out

. full read out

In order for the phone to be audible these features need to be turned on.

Placing a Call:

You can enter the contact list by pushing the right soft key in the upper

right hand corner of the phone and then arrow through the contacts or by

pressing the letter of the contact you wish to call. For example, *v* for

Verizon Wireless. Then you can hit ok to view the contact information and

hit send to place a call.

You can enter into your call list of choice which are:

1. Missed calls

2. Dialed calls

3. Answered calls

4. All calls

After entering any one of the lists, you can edit the list and if desired,

delete the specific name and number within the list. You can find out how

much battery strength you have, signal strength, and how many messages,

voice mails, and missed calls you have. You can use the alarm clock, set a

time audibly, use the calculator, tip calculator, and send and read texts.

In short, you are prompted through every one of the functions you are

performing. You can even ask it to call someone provided that they are in

the contact list.

A Braille manual is available through Samsung. Remember, when you go to

Verizon Wireless, you'll need to get the hex number, which they can give

you. You then call Samsung at 888-987-4357 and provide them with this

number along with your address and it will take about one month to receive

the manual. You can also purchase an extended battery which lasts one and

one half times longer than the standard battery.

This is best as any phone with speech uses more battery power and shortens

the life of the battery. By having the extended battery it should bring you

through the day safely. I always make it a habit to charge the phone each

night so that I begin a new day, the phone also begins a new day as well.

When you put the phone into the base charger it says *charging.* When the

phone is charged it says *charge complete.*

If you are a Verizon Wireless customer and are eligible for an upgrade, you

can get the phone for free. If you want to start a new contract with

Verizon Wireless, you get the phone for $40.00 complete with speech software

included. If anyone would like assistance in learning the functions of the

phone, they may contact me via email at:

wgramza1@verizon.net

I hope that you will go and get this phone seeing that this is the only

other phone outside of the 3gs iPhone by apple that is accessible with step

by step prompts throughout the entire phone. Let's show Verizon how

grateful we are for a well planned phone by taking advantage of such a great

item.

Article Source:

Matilda Ziegler Magazine for the Blind

Click this link for a lengthy podcast demonstrating all the phone's

features:

http://www.sendspace.com/file/kckby2

Any questions may be directed to: rsi5@srt.com

SSA ISSUES FAVORABLE NEW REGS

SSA has issued new regulations that incorporate improvements to the Supplemental Security Income (SSI) program required by the HEART Act (Heroes Earnings Assistance and Relief Tax Act of 2008). The HEART Act changes, in a positive manner, the way SSA treats certain cash payments to members of the uniformed services and veterans and cash and in-kind payments to AmeriCorps volunteers.

These include:

State Annuities for Blind, Aged, or Disabled Veterans

Before the HEART Act, SSA counted State annuity payments as income in the

month received, and as a resource if retained into the following month. SSA

is revising sections 416.1124 (Unearned income not counted) and 416.1210

(Exclusions from resources; general) to reflect section 202 of the HEART Act

and exclude, for SSI eligibility and benefit determinations, annuity

payments that a State pays to a person (or his or her spouse) because the

State has determined that the person is: A veteran; and Blind, disabled, or aged.

Under section 202 of the HEART Act, SSA excludes these payments from income

for the month received and from resources beginning with the month after the

month received.

AmeriCorps State and National and AmeriCorps NCCC Payments

Prior to the HEART Act, SSA treated cash or in-kind payments from the

AmeriCorps State and National and AmeriCorps NCCC programs as countable

income. SSA is revising sections 416.1112 (Earned income not counted) and

416.1124 (Unearned income not counted) to reflect section 203 of the HEART

Act. For SSI eligibility and benefit determinations, SSA will exclude from

countable income any cash or in-kind payments to program participants or on

the AmeriCorps participants behalf. Such payments may include, but are not

limited to: Food and shelter, stipends, living allowance payments, clothing

allowances, educational awards, and payments in lieu of educational awards.

These welcome regulations became effective on September 7, 2010

Any questions may be directed to: rsi5@srt.com