On July 26, 2000, as part of the celebration of the 10th anniversary of the passage of the Americans with Disabilities Act, President Clinton announced that the Social Security Administration (SSA) would soon publish proposed rules including automatic adjustments each year to the SGA level for individuals with impairments other than blindness.
These adjustments would be based on any increases in the national average wage index. Those proposed rules were published in the Federal Register on August 11, 2000. On December 29, 2000, after taking into consideration the public comments received, SSA published final regulations with three important changes.
First, we find applicants for Social Security Disability Insurance or Supplemental Security Income benefits not to be disabled if they are working and performing substantial gainful activity, regardless of their medical condition. In addition, after a person becomes entitled to Social Security benefits based on a disability, we consider whether the person's earnings demonstrate the ability to engage in substantial gainful activity when we determine ongoing entitlement to benefits. (We do not use substantial gainful activity as a measure for continuing eligibility for Supplemental Security Income benefits.) Under our old rules, if a person's average monthly earnings were more than $700, we would ordinarily consider that the person engaged in substantial gainful activity. This earnings guideline applied to all employees including those in sheltered workshops or comparable facilities and, in certain circumstances, to the self employed.
Under the new rules, based on the average wage, we will adjust annually the substantial gainful activity amount for people with impairments other than blindness. Beginning January 1, 2002, the guideline will be $780.
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Second, the trial work period is a work incentive. During the trial work period, a Social Security beneficiary with a disability may test his or her ability to work and earn any amount as long as his or her impairment continues to exist. The trial work period is 9 months (not necessarily consecutive) in a rolling 60-month period. Under the old rules, we counted any month the person earned more than $200 from his or her work as one of the nine months for the trial work period.
Under the new rules, we are increasing this monthly amount from $200 to $530 beginning January 1, 2001. For future years, we will adjust the amount based on increases in the average wage. On January 1, 2002 the amount increased to $560 per month.
Also, beginning January 1, 2001, the number of hours of work in a month that we consider demonstrates that a self-employed individual is performing substantial services, increases from more than 40 hours to more than 80 hours in a month.
Student earned income exclusion increases to $1,320 a month with an annual limit of $5,340
The third change affects Supplemental Security Income beneficiaries who are child-students. Under the old rules, these people could exclude up to $400 a month of earned income with an annual limit of $1,620. By being excluded, this earned income had no effect on eligibility or benefit amounts under the Supplemental Security Income Program. Under the new rules, we are raising the amount of earned income that may be excluded to $1,320 a month with an annual limit of $5,340. For future years, we will adjust the amount based on increases in the cost-of-living.
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This program will be phased in nationally over a three-year period beginning January 1, 2001, with the first tickets were issued early in 2002.
Social Security and Supplemental Security Income (SSI) disability beneficiaries will receive a "Ticket" they may use to obtain vocational rehabilitation (VR), employment or other support services to assist them to go to work, from an approved provider of their choice, called employment networks. SSA will make an agreement with approved service providers to serve as employment networks. Effective January 1, 2001, Social Security cannot initiate a continuing disability medical review while a Social Security or SSI disability beneficiary is using a ticket. Cash benefits may be subject to termination if earnings are substantial. The Ticket program is voluntary.
These changes are part of the Social Security Administration's continuing campaign to improve our programs and policies supporting and encouraging work efforts by people with disabilities.
Nothing! You don't have to do anything with it. If you don't use your ticket, you will not see any change in your Social Security or SSI benefits.
Do You Want to Work? If you want assistance getting a job, vocational rehabilitation services or support services, you can take your ticket to an Employment Network. You can find out about Employment Networks in your area from Maximus at 1-866-968-7842. The State Vocational Rehabilitation agency (Office of Rehabilitation Services (ORS) in Illinois) is also an Employment Network.
Choose an Employment Network. If you choose to work with an Employment Network, you must assign your ticket to an Employment Network and sign an Individual Work Plan (IWP). The IWP sets out what your goals are and what specific services the Employment Network will provide you to help you meet your goals.
If you choose to assign your ticket to the State Vocational Rehabilitation Agency (ORS), you will sign an Individualized Plan for Employment (IPE), instead of an IWP. The IPE also sets out your employment goals and the specific services that ORS will provide you to help you meet your goal.
Assign Your Ticket and Get Busy! Once your ticket is assigned to an Employment Network, you begin working toward your goals. The purpose of the Ticket to Work program is to provide you with the supports and services you need to work and reduce or eliminate your dependence on Social Security or SSI benefits. In order to measure your progress toward reducing your dependence, SSA requires you to make timely progress toward self-supporting employment.
If you don't make timely progress, SSA may conduct a Medical Continuing Disability Review of your case. If you do make timely progress, SSA cannot do a continuing disability review of your case while you are using your ticket. Nothing else will happen to your benefits, unless SSA decides after a continuing disability review that you are no longer disabled.
The Employment Network gets paid when you work and earn more than the SGA amount and you no longer qualify for a check from SSDI or SSI. The Employment Network can get paid for 60 months while you are working. Therefore the Employment Network has an incentive to help you get a job and keep you employed.
There are many details that are not included in this fact sheet. You can contact Maximus, an Employment Network, or the SSI Coalition for more information.
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The monthly SGA amount for statutorily blind beneficiaries increases to $1,300 for 2002. AND---Changes based on the Ticket to Work and Work Incentives Improvement Act of 1999 (TWWIIA)
Medicare will continue at least 93 months (7 years and 9 months) after the TWP ends. (Total of at least 8 and 1/2 years including the TWP months). This is an additional 4 and 1/2 years of coverage. ( Extended Medicare coverage provision became effective 10/1/2000.)
Medicaid- States will have the option to provide Medicaid coverage to more people ages 16-64 with disabilities who work. States will also have the option to permit working individuals with incomes above 250 percent of the federal poverty level to buy into Medicaid. The law also creates a new Medicaid buy-in demonstration project to provide medical assistance to workers with impairments who are not yet too disabled to work. This is the Health Benefits for Workers with Disabilities program in Illinois B call 800-226-0768 v or 877-204-1012 tty for information.
Expedited Reinstatement (ER) of benefits allows persons who had previous entitlement to disability or blindness benefits to request benefit reinstatement if those benefits were terminated due to performance of SGA (SSDI), or due to receipt of excess earned income (SSI), and are no longer able to work because of a disabling impairment which is the same as, or is related to, the impairment that was the basis for their previous entitlement.
Medical Reviews- Effective January 1, 2002, work activity by an SSDI beneficiary who has received benefits for at least 24 months will not be used as a basis for conducting a medical continuing disability review. Regularly scheduled continuing disability reviews will still be held and cash benefits may terminate if earnings are substantial.
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