UPDATE

Social Security Administration (SSA) Seeks to Delay or Prevent People with Mental Illness from Receiving Disability Benefits; PWDF Issues Comments on Employment Supports to SSA, U.S. Department of Education, and U.S. Department of Labor 

By April Banerjee, Program Manager for Public Awareness and Education

People With Disabilities Foundation (PWDF) recently submitted public comments to three federal agencies that are working on programs to increase the level of competitive, integrated employment by people with mental and/or developmental disabilities.  These programs derive from several different legal authorities, which take different approaches to maintaining employment.  Our comments urged the agencies to have a broad view of how to support sustainable employment for the population targeted by the specific program and provided specific recommendations.

Pursuant to sections of the Social Security Act related to the Supplemental Security Income (SSI) Program and through re-authorization of the demonstration authority for the Social Security Disability Insurance (SSDI) Program, the Social Security Administration (SSA) issued a Request for Information (RFI) seeking input on the design of an early intervention demonstration project that “seeks to prevent or delay” people with mental illness from receiving SSDI or SSI benefits.[1]  

PWDF posted two comments in response to this RFI.  In our first comment, PWDF urged the SSA to focus on providing the employment supports, health care, and benefits that are most likely to prevent decompensation and those that address the episodic nature of many mental disorders. Unlike the Ticket to Work and Work Incentives Improvement Act of 1999 (TTWIA),[2] which enables Social Security disability program beneficiaries who are working or trying to work to access benefits and health care when needed due to the episodic nature of their illness, programs that delay or prevent access to disability programs could be problematic for people with mental impairments because it may take years for the claimant to become entitled or eligible for benefits.  In our second comment, PWDF urged the SSA to ensure that SSA field office staff receive training about mental impairments.

It is also important to note that the SSA, in its Agency Strategic Plan for fiscal years 2014 – 2018, stated its intent to “encourage young people who receive SSI to reduce their dependency on disability benefits as they turn 18.”[3]  In other words, they are looking for ways to keep children from passing their disability reviews when they reach adulthood (age 18 re-determinations).

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Two of the comments were submitted to agencies that are developing regulations and programs pursuant to the Workforce Innovation and Opportunity Act (WIOA),[4] which President Barack Obama signed into law in 2014 “to help job seekers — including those with disabilities — access the services they need to succeed in employment.”[5] 

Pursuant to WIOA, the U.S. Department of Education (ED) published its proposed rule, “State Vocational Rehabilitation Services Program; State Supported Employment Services Program; Limitations on Use of Subminimum Wage,” which, among other things, would provide greater restrictions on the use of the subminimum wage, e.g., the wage often paid for work in sheltered workshops.  PWDF posted comments urging the ED to ensure these regulations do not jeopardize disabled individuals’ Social Security benefits. 

Also pursuant to WIOA, the U.S. Department of Labor published a Notice of an opportunity to submit public comments for its July 2015 meeting of the Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities.  One of the purposes of the Committee is to make “findings, conclusions and recommendations for the Secretary of Labor on [w]ays to increase employment opportunities for individuals with intellectual or developmental disabilities or other individuals with significant disabilities in competitive integrated employment.”[6]  PWDF submitted a written statement to the Committee in which we recommended providing mechanisms to ensure individuals receive appropriate vocational and health care support frameworks; requiring all stakeholder agencies provide reasonable accommodations based on the nature of impairments to allow equal access to program participation; and ensuring federal agency coordination to support sustained competitive employment.

PWDF strongly supports methods of increasing employment of people with mental and/or developmental disabilities, including competitive, integrated employment where appropriate, and providing supports that will enable them to sustain employment.  Given the wide breadth of abilities and impairments of individuals with mental and/or developmental disabilities, we urge the agencies mentioned here to design these rules and strategies such that they will be efficacious for their target population; i.e., providing the individual supports that are needed for success, rather than a one-size fits all approach.

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.