UPDATE

Achieving a Better Life Experience (ABLE) Act 

By PWDF Staff

In our Winter 2015 e-newsletter, PWDF discussed the “Achieving a Better Life Experience Act of 2014” (ABLE Act), signed into law by President Obama.  This federal ABLE Act created a new Section 529A of the Internal Revenue Code, allowing states to create ABLE programs under which Americans who become disabled before age 26 may establish tax-free savings accounts to pay for certain qualified disability expenses, without losing eligibility for means-tested federal programs such as Supplemental Security Income (SSI) and Medicaid.

On June 22, 2015, the Treasury Department’s proposed regulations to implement the ABLE Act were published in the Federal Register.¹  Public comment was due September 21, 2015, and a public hearing took place on October 14, 2015.  Though regulations have not been finalized, the Treasury Department and Internal Revenue Service stated their intent to provide transition relief, allowing states to establish ABLE programs prior to issuance of federal regulations.²

The IRS is allowing the states to move forward without implementing regulations or “guidance.” It is important to note that the absence of regulations means there are no enforceable rules by which states and financial institutions must abide for the protection of disabled individuals.  “Guidance” is, by definition, not enforceable like law and regulations; they provide rules that are similar to regulations but cannot be enforced by the IRS.

On October 11, 2015, California Governor Jerry Brown signed into law two bills, AB 449 and SB 324,³ together making California the 32^nd state to enact the ABLE Act.⁴  Both bills take effect on January 1, 2016. 

According to the ABLE National Resource Center, there are five to eight million individuals and families eligible for ABLE.⁵

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.