PWDF: Focus on Mental Disabilities

 

announcement

PWDF Offers Free Training on Social Security Post-entitlement / Eligibility Issues

I.  Training Content

People With Disabilities Foundation (PWDF) is available to provide training on Social Security/SSI disability post-entitlement / eligibility issues for representatives of beneficiaries with mental and developmental disabilities.  The training is entitled “SSDI (Title II) and SSI (Title XVI) Post Entitlement Issues for Beneficiaries with Mental/Developmental Disabilities – SSDI Work Reviews, SSI Redeterminations and Resulting Overpayments.”   The training is appropriate for attorneys, vocational rehabilitation professionals, and HR Managers and is approved for 2 hours of MCLE.

The Social Security disability work incentive rules are complex and are not the same for SSDI and SSI.  The training would 1) highlight issues that may arise for beneficiaries with psychiatric or developmental disabilities when undergoing a work review by SSA; 2) explain the work review and resulting overpayment appeal procedures; and 3) suggest strategies for addressing cessations and resulting overpayments.  Some of the main issues covered in the trainings are Impairment Related Work Expenses (IRWE), Unsuccessful Work Attempts (UWA), Plan to Achieve Self-Support (PASS) and “special circumstances.”

Contact April Banerjee, PWDF Program Manager for Public Awareness and Education, at abanerjee@pwdf.org to schedule a training session.

II.  Background

Since 2000 PWDF has focused on advocating for the rights of people with invisible disabilities. Through our work with this population, especially our work with federal court discrimination cases involving the Social Security Administration (SSA), we have discovered a real need for representation and advising individuals on continuing disability reviews, which involve complex work incentive rules and regulations.

The SSA has increased quotas for the number of work activity reviews done by the field offices each year; they have determined that every dollar spent on a work review results in $15 in savings for the SSA.1  Accordingly, more people are having their benefits ceased due to the increase in the number and aggressiveness of these reviews.  On top of incentivizing the removal of people from benefits the SSA eliminated funding for the Work Incentive Planning and Assistance (WIPA) program;2 thus, there are going to be more individuals on benefits who are attempting to re-enter the workforce without this kind of assistance.

Amongst the population that is affected by the increasing amount of work reviews and elimination of assistive services, those with invisible disabilities are affected disproportionately due to SSA’s lack of training and the beneficiaries’ inability to understand the complex rules and communications from the SSA. Our agency has recently settled two cases that alleged the SSA discriminated against this population regarding work reviews: see Terrence Davis v. Michael Astrue, and John Doe v. Michael Astrue.3  

1 Joint Hearing on Social Security's Payment Accuracy Oversight and Social Security, June 14, 2011.

2 Social Security Administration, “Work Incentives Planning and Assistance” available at http://www.ssa.gov/work/WIPA.html (last visited May 1, 2013).

 

PWDF Profile

Who We Are

People With Disabilities Foundation is an operating 501(c)(3) nonprofit organization based in San Francisco, California, which focuses on the rights of the mentally and developmentally disabled.

Services

Advocacy: PWDF advocates for Social Security claimant's disability benefits in eight Bay Area counties. We also provide services in disability rights, on issues regarding returning to work, and in ADA consultations, including areas of employment, health care, and education, among others. There is representation before all levels of federal court and Administrative Law Judges. No one is declined due to their inability to pay, and we offer a sliding scale for attorney's fees.

Education/Public Awareness: To help eliminate the stigma against people with mental disabilities in society, PWDF's educational program organizes workshops and public seminars, provides guest speakers with backgrounds in mental health, and produces educational materials such as videos.

Continuing Education Provider: State Bar of California MCLE, California Board of Behavioral Sciences Continuing Education, and Commission of Rehabilitation Counselor Certification.

PWDF does not provide legal assistance by email or telephone.

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