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Plan for Achieving Self Support (PASS)
What is the purpose for a PASS?
The purpose for a PASS is an SSI work incentive in which persons with disabilities can set aside income and/or resources to be used to achieve specific work goals. PASS is just the means to acquire the services and items needed for starting work, not the means to make income or resources available for ongoing costs.
PASS is meant to assist a person in competing in the job market. PASS makes it financially feasible for individuals to set aside or save income and/or resources. These can be used to achieve their vocational goals by enabling them to become eligible for SSI and to remain eligible, or receive higher SSI payments as they work toward self-sufficiency. The PASS program provides persons with disabilities the opportunity to self-direct the vocational rehabilitation process.
A PASS is meant to be a flexible tool to allow individuals with disabilities to either raise their SSI amount or become eligible for SSI, in order to obtain items or services that would help them return to work or increase their ability to support themselves. A PASS gives additional SSI income now to help individuals become less dependent on SSI at the end of the PASS.
What types of services may a PASS be established to cover?
A PASS can be established to cover the cost of obtaining an education, receiving vocational training, starting a business, or purchasing support services which enable individuals to work and result in reduction/cessation of benefits. These support services may include:
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the purchase of coaching/job advocacy supports needed to obtain/ maintain employment;
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vocational evaluation;
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the payment of transportation-related expenses;
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the purchase of job-related equipment, uniforms, etc.;
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the mechanism for allowing individuals or groups of individuals to purchase a business; and
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any other services/equipment needed to support individuals in a work-related manner.
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What is required to get a PASS
established by the Social Security Administration (SSA)?
For a PASS to be approved by SSA, there must be a reasonable chance that individuals can achieve their vocational goal. There must also be a clear connection between the vocational goals and the increased or maintained earning capacities. A PASS can be established by setting aside one or more of the following to achieve a vocational goal:
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Earned income (wages, self-employment, certain sick pay, royalties, and/or honoraria);
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Unearned income (Title II or other types of benefits, or other types of monetary support), and/or resources.
How does the PASS work?
The SSI amount is increased (or individuals are made eligible for SSI when they would not be under the regular SSI rules) by excluding certain income or assets (also called “resources”) which would have to be counted under the regular SSI rules.
Income and resources which normally would reduce SSI or prevent eligibility can be ignored if they are listed in the PASS and used towards occupational objectives. The extra SSI helps pay for their other living expenses (i.e., food, clothing, and shelter).
What is needed for PASS approval?
For approval, each PASS must meet the following requirements.
The PASS must be especially designed for each individual and have a designated and feasible occupational objective. Non-occupational objectives, such as basic living skills or homemaking skills, do not meet PASS requirements. The proposed vocational goals must be clearly stated indicating job titles or, if self-employed, the type of business. It is important to note the individual’s age, prior work history, education and training, disability, and if there is a reasonable chance that they can attain the objective.
The PASS must also indicate current earnings, estimated earnings pending PASS completion, and/or level of independent job performance which the individuals expects to reach.
The PASS must incorporate milestones and corresponding- time frames leading to attainment of the occupational objective. These demonstrate the person’s progress toward achieving the goal and should be described sufficiently so that completion of steps are readily discernible. Milestones are best documented using criterion-based statements. This would also include the interval steps related to actually securing a job as stated in the occupational objective.
Specific time frames must be established for the PASS. Schedules must be provided for meeting the vocational goal which indicate the month and year that it is expected to begin and end. The time allotted must be reasonable relating to the goal.
The PASS may be developed for an initial time period of up to 18 months. An additional 18-month extension is possible as well as an additional 12-month extension if a lengthy educational or training program is involved. Based on individual needs, a PASS can be extended beyond the 36/ 48 month time frame in 6 month increments.
Plans must state the sources and the amount of income or resources to be set aside such as earnings, benefit supports (other than SSI), savings accounts, extra family support, stock dividends, and loans. The sources, amounts and rates of accumulation of income and resources must be adequate, but not excessive to achieve the goal.
Plans must also show how income/resources set aside will be kept clearly and easily identifiable. Separate bank accounts for PASS savings are a good way to provide for verification of PASS savings and expenditures.
The PASS must state how the money set aside will be spent to achieve the occupational objective. A list must be included of monthly planned expenditures by grouping or category with an explanation of their connection to the occupational objective. Expenses necessary for achieving the goal must be reasonable in price to be approved.
Cost estimates for goods and services which indicate how the costs were calculated should be included. Providers should be indicated when known. Goods and services under the PASS may be bought outright, rented or leased. In case an item of unusual value is to be purchased, the PASS must include a satisfactory justification as to why less expensive alternatives will not suffice.
The PASS must be in writing but at this time there is no mandatory format. Individuals may use the checklist in Pub 05-11017 when initiating a PASS.
Social Security Claims Representatives or Work Incentive Liaisons can assist in writing the plan. A sample format currently being reviewed by SSA is included in the appendices of this guide.
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Impairment-Related Work Expenses
(IRWE)
What is an Impairment-Related
Work Expense?
An Impairment-Related Work Expense is a deduction allowed by the Social Security Administration of the cost of devices and/or services which are work-induced or work-related. The cost of the expense is deducted from the gross income which prevents the funds used for the purchase of the expense from being included in the income used to calculate eligibility.
What is the purpose of the IRWE deduction?
The purpose of the IRWE work incentive is to enable recipients of SSI benefits to recover some of the costs of expenses incurred as a result of their disability to support their work and to allow Title II beneficiaries to reduce income below substantial gainful activity levels until they can work at a level of self-sufficiency. The IRWE also assists the consumer to decrease his/her reliance on benefits.
For SSI recipients, deducting the cost of the IRWE from monthly gross wages increases the SSI cash payments they can receive. For Title II beneficiaries, deducting an IRWE may keep monthly gross earnings below substantial gainful activity, thus enabling them to maintain Title II eligibility.
What are the eligibility criteria for an IRWE deduction?
Expenses must be directly related to enabling the individuals to work. Individuals, because of severe physical or mental impairment(s), must need the items or services to work.
Costs must be paid by the individuals and not be reimbursable from other sources. Expenses must be paid in a month in which the individuals are or were working and expenses must be reasonable.
What services/equipment may be considered for the IRWE plan?
In general, an IRWE may include any service or device that enables or supports the beneficiary in his/her employment. Such devices and services may include medical costs related to the disability and not considered to be strictly cosmetic; work-related equipment paid for by the beneficiary; interpreter or reader services provided for work purposes; and residential modifications when made to create a working space at home, or providing accessibility to outside employment.
The following are a few examples of costs that are deductible:
Services performed in the process of helping the beneficiaries prepare for work (dressing, etc.), the trip to/from work, and after work (cooking, bathing, etc.);
Services which may benefit other members of beneficiaries’ families (i.e., cooking meals for the individuals which are also eaten by other family members); and/or
Paid services performed by family members who can prove individuals suffer economically due to performing the services (i.e., family members must stop working or work reduced hours in order to perform the attendant care services).
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Costs of drivers or taxi services where services are not generally required by individuals in the community without impairments;
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Costs of modifications to vehicles when they are used to transport individuals to/from work; and/or
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Social Security approved mileage expenses for travel to/from work.
What services/equipment may not be considered for an
IRWE?
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Services performed on non-work days or involving non-work activities;
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Services performed for other family members;
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Paid services performed by family members who do not suffer economic loss by performing the services; and/or;
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Services performed “in-kind” whether or not family members suffer an economic loss.
How can I establish an
IRWE?
The process of establishing an IRWE is easy. If an expense appears to meet all of the necessary criteria, individuals should document the cost of the expense and submit it to the local SSA office in letter format, listing each of the criteria and explaining how the expense meets the criteria. The SSA claims representative will review it and make a determination.
How long will the IRWE last?
There are no time limits on how long individuals can use the IRWE to pay for particular services or items. This is very beneficial for individuals who have ongoing impairment-related work expenses such as transportation assistance or supported employment follow-along services.
It is not necessary that an IRWE be a monthly recurring expense. In some instances, individuals may have a one-time expense, such as a piece of medical equipment. In this case, they may choose to have the expense deducted as an IRWE all in one month or to have the expense pro-rated over a period of 12 months. Pro-rating the expense is particularly helpful if the services or items are costly. This approach can enable individuals to recover a greater amount of the expense over time.
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Georgia Assistive Technology Warranty Act of 1993
What is the purpose of this law?
To provide warranties for devices and equipment that cost $1,000 or more and which assist persons with disabilities to perform specific tasks.
What rights does this law provide for me or my family?
This law provides for:
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Protections for equipment bought from any vendor selling equipment in Georgia. |
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Repair of equipment costing $1,000 or more and bought after the law went into effect on July 1, 1993. |
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Return or replacement on assistive technology devices recommended by the manufacture or dealer if the device does not meet the needs of the person with disabilities. |
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Replacement of a piece of broken equipment, unless the equipment was taken back for repair four times. |
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Protection when buying equipment owned previously by someone else. |
What rights does this law not provide for me or my family?
This law does not provide for:
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Protection for equipment that costs less than $1,000. |
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Repairs on equipment bought before the law went into effect on July 1, 1993. |
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Refund to a person who did not pay for buying the equipment. |
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Return or replacement of the equipment just because the individual does not like the color. |
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A court-appointed attorney. |
Whom do I contact for more information?
Tools for Life
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The Georgia Motorized Wheelchair Warranty
Act of 1993
What is the purpose of this law?
The Motorized Wheelchair Warranty Act provides for express warranties on motorized wheelchairs.
What rights does this law provide for me or my family?
This law provides for:
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Return, refund, or replacement of a comparable motorized wheelchair if the one recommended by the dealer does not meet the needs of the individual with a disability. |
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Protection for equipment bought from any vendor selling equipment in Georgia. |
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No one can deny your rights under this Act by asking you to sign a waiver of your rights to protection. |
What rights does this law not provide
for me or my family?
This law does not provide for:
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Repairs on motorized wheelchairs bought before the law went into effect on July 1,1993. |
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Repairs on manual wheelchairs (covered by the Assistive Warranty Act of 1993). |
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Protection when buying pre-owned or donated motorized wheelchairs. |
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Replacement of a broken motorized wheelchair, unless it was taken back for repair four times. |
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Repair or replacement of a motorized wheelchair that is damaged or abused after purchase. |
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A court-appointed attorney. |
Whom do I contact for more information?
Tools for Life
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