Special Needs Planning for Housing, Food Assistance,

Employment & Other Benefits

8th Annual Meeting of the Academy of Special Needs Planners

PRESENTERS:BLAINE BROCKMAN & PATRICIA E . KEFALAS DUDEK

2HOUSING

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Affordable Housing / Section 8

Section 8 The Housing Choice Vouchers Program (often referred to as

“Section 8”) is the federal government’s primary program to provide housing for Americans who are living in poverty, as well as the elderly and people with disabilities.

Types of Housing Vouchers Project Based Vouchers (PBV)

PBV run with the property and can not transfer with the tenant. The PBV may be a unit or multiple units, but is attached to the unit not the individual.

Tenant Based Vouchers (TBV) Tenant based vouchers are issued to participants and

stay with the tenant as long as the tenant qualifies for the program and the unit selected by the tenant is part of the program.

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Affordable Housing / Section 8

Housing choice vouchers Allows very low-income families to choose and lease or

purchase safe, decent, and affordable privately-owned rental housing.

Section 8 Rental Voucher Program Increases affordable housing choices for very low-income

households by allowing families to choose privately owned rental housing. The public housing authority (PHA) generally pays the landlord the difference between 30 percent of household income and the PHA-determined payment standard-about 80 to 100 percent of the fair market rent (FMR). The rent must be reasonable. The household may choose a unit with a higher rent than the FMR and pay the landlord the difference or choose a lower cost unit and keep the difference.

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Affordable Housing / Section 8

How Section 8 WorksCONGRESS

Appropriates funding to the Housing and Urban

Development (HUD)

TENANTFamily pays a % of rent to property owner after being selected by the

PHA

OWNERHUD & Owner enter

into Housing Assistant Payment (HAP)

contract

$$

PHAHUD funds Public

Housing Agency (PHA) that manages the local

Section 8 program $$ Rent Subsidy

Lease Agreement

$$ Reduced Rent

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Eligibility, Income & Assets

Eligibility as a “Family”

The PHA is given discretion by HUD to define the term “family. However, the definition must include the following.

1. A family with or without children (including children temporarily away because of foster care)

2. Elderly or disabled persons living in a group setting (to include a single elderly or disabled person and a live-in aid)

3. A single family may be an elderly person, or a disabled person

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Eligibility, Income & Assets

Income Limitations

Section 8 eligibility is limited to families having “very low-income” (or “extremely low-income” where a PHA is attempting to target people having intense poverty such as homeless populations).

The math in determining income upon which rent payments will be made is “annual income” less exclusions and deductions, arriving at “adjusted income.”

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Eligibility, Income & Assets

Treatment of Certain Assets

“Cash value” of an asset is the amount a family would receive if the asset were converted to cash

Assets in net worth $5000.00 or less in cash value Assets in net worth over $5000.00 in cash value Trusts Lump sum receipts Look-back

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HUD Section 811

HUD Section 811 housing is completely different in character than Section 8.

Section 811 is a housing production program coupled with a rent subsidy program coupled with a supportive services plan.

Section 811 provides capital money (interest free advances) for the development of affordable housing that is coupled with a supportive service plan.

The program also provides a rent subsidy though Project Rental Assistance Contracts (PRAC) with the Owner of the housing units.

The program does not pay for supportive services. The Section 811 program evolved out of a similar elderly

housing program (Section 202 Elderly Housing) when the effects of deinstitutionalization stressed available subsidized and supportive housing.

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Low Income Tax Credit Housing

The Low Income Housing Tax Credit (LIHTC) program is the nation’s premier producer of affordable housing.

It is a highly complex program that leverages tax law, state and local government policy making, private development and private investment.

The program is not a HUD program but an IRS program, and the law guiding the program is tax law.

The LIHTC program is a masterful mix of public sector policy driving private sector behavior.

11Sample Boutique Housing Programs with Support

Community Housing Network A non profit organization in Southeast Michigan committed to

providing home for people in need through proven strategies of homelessness prevention, housing assistance and development, community education and referral, advocacy and additional services. Also uses pooled accounts trust for housing options

Columbus Creative Housing A non-profit organization dedicated to providing safe,

accessible and affordable housing to individuals with disabilities in the Columbus metropolitan area.

Virginia Housing Development Authority Accessible housing options that promote independence and

dignity for people with disabilities If you know of some place email us so we can create a database

for ASNAP of creative options

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Energy/ Utilities Services

Energy Assistance Programs

The Low-Income Home Energy Assistance Program (LIHEAP) provides money to help low-income homeowners and renters pay for heating costs.

Resources Energy Assistance

13EMPLOYMENT

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Medicaid Expansion

Effective January 1, 2014, Medicaid will be expanded to include individuals between the ages of 19 up to 65 (parents, and adults without dependent children) with incomes up to 138% FPL based on modified adjusted gross income.

For a single person, that’s an annual income of $15,856.

This change will open Medicaid coverage to many childless adults not currently eligible.

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Medicaid Buy-In Programs

Allows individuals with disabilities to work and purchase Medicaid.

States are utilizing the new options to develop Medicaid Buy In programs to create a variety of policies under the broad Federal policies established in Federal law and guidelines.

The various States’ Medicaid Buy In programs reflect the significant differences among the States in their current Medicaid program and the policies they have adopted under the Federal policies.

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Medicaid Buy-In Programs

Federal Law & Guidelines The Balanced Budget Act of 1997 added a new provision

in the Medicaid program of the Social Security Act that allows states to elect to provide Medicaid coverage to persons with disabilities who are working and who otherwise meet SSI eligibility criteria but have net income up to 250% of the Federal poverty guidelines.

Federal Poverty Guidelines Federal law for the Medicaid Buy In State Plan options

references the Federal Poverty Guidelines. There are two slightly different versions of the federal

poverty measure: The poverty thresholds The poverty guidelines.

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Medicaid Buy-In Programs

The Poverty Threshold Are the original version of the federal poverty measure They are updated each year by the Census Bureau They are used mainly for statistical purposes

The Poverty Guidelines The other version of the federal poverty measure They are issued each year in the Federal Register by the

Department of Health and Human Services They are a simplification of the poverty thresholds for use

for administrative purposes They are sometimes loosely referred to as the “federal

poverty level”

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People “Buy-In”

Under federal law, states have the option of creating Medicaid buy-in programs that enable employed individuals with disabilities who make more than what is allowed under Section 1619(b) to obtain Medicaid coverage at a low or no cost. A state has 3 distinct ways that it can create and offer a Medicaid buy-in under two separate federal laws – the Balanced Budget Act (the BBA) and Ticket to Work and Work Incentives Improvement Act (TWWIIA). In brief, these provisions provide for the following:  

The BBA Medicaid Buy-In TWWIIA Medicaid Buy-In Provisions

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People “Buy-In”

The BBA Medicaid Buy-In Allows a state to offer Medicaid coverage to any employed person

with a disability who has a net family income below 250 percent of the Federal poverty level for a family of the size involved.

TWWIIA Medicaid Buy-In Provisions TWWIIA allows a state to offer Medicaid coverage to individuals

who fall into one of the following groups:   (1) Basic Coverage Group. States have the option to offer

Medicaid to working individuals who are at least 16 but less than 65 years of age who, except for their income and resource levels, are eligible to receive SSI. States are free to establish their own income and resource standards. Individuals who have never received SSI benefits can be eligible.

(2) Medical Improvement Group. States have the option to offer Medicaid to employed individuals with a medically improved disability who lose Medicaid eligibility under the group described above because they no longer meet the SSI definition of disability.

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People “Buy-In”

The Medicaid Buy-In for Working People With Disabilities The Medicaid Buy-in for Working People with

Disabilities (MBI-WPD) is a special program for individuals with disabilities under age 65 who have work income. 

Under MBI-WPD, individuals are eligible for full Medicaid benefits at much higher incomes than individuals who are not working.   

This allows them to earn more income without the risk of losing health coverage. 

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Ticket-to-Work

Eligibility Social Security's Ticket to Work Program is a free and

voluntary program available to people ages 18 through 64 who are blind or have a disability and who receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.

Goals Offer beneficiaries with disabilities expanded choices

when seeking service and supports to enter, re-enter, and/or maintain employment;

Increase the financial independence and self-sufficiency of beneficiaries with disabilities; and

Reduce and, whenever possible, eliminate reliance on properly funded disability benefits.

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SSA Red Book

2013 Red Book A summary guide to employment supports for persons

with disabilities under the social security disability insurance and supplemental security income programs

The Red Book is a general reference tool designed to provide a working knowledge of these provisions. We write the Red Book primarily for educators, advocates, rehabilitation professionals, and counselors who serve persons with disabilities. We also expect that applicants and beneficiaries will use it as a self-help guide.

Link – 2013 Red Book

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SSA Red Book Index

HOW DO WE DEFINE DISABILITY? Our Definition of Disability What is Substantial Gainful Activity (SGA)? How Do We Evaluate Your Work Activity for SGA Purposes? What If You Are Self-employed?

OVERVIEW OF OUR DISABILITY PROGRAMS Social Security Disability Insurance Program (SSDI). Supplemental Security Income Program (SSI). When You Receive Both SSDI and SSI . Comparison of the SSDI and SSI Disability Programs.

RETURNING TO WORK What Are Your Responsibilities When You Return to Work? When Will We Review Your Disability? When Will Your Benefits Stop?

HOW DO EMPLOYMENT SUPPORTS HELP? SSDI Employment Supports SSI Employment Supports Guide to Employment Supports

RESOURCES TO ASSIST YOU RETURN TO WORK Work Incentive Liaison (WIL) Area Work Incentives Coordinator (AWIC) Benefits Planning Query (BPQY) Work Incentives Seminar (WISE) Employment Network and State Vocational Rehabilitation Providers Individual Development Accounts (IDA) American Job Centers Job Accommodation Network (JAN) Federal Employment of People with Disabilities AmeriCorps

SSDI AND SSI EMPLOYMENT SUPPORTS Subsidies and Special Conditions Unsuccessful Work Attempt (UWA) Impairment-Related Work Expenses (IRWE) Examples of Deductible and Non-Deductible IRWE Plan to Achieve Self-Support (PASS) Who Can Help You Set Up a Plan to Achieve Self-Support (PASS)? Examples of a PASS Ticket to Work (TTW) Continued Payment under Vocational Rehabilitation or Similar Program (Section

301) Expedited Reinstatement (EXR)

SSDI ONLY EMPLOYMENT SUPPORTS Trial Work Period (TWP) Extended Period of Eligibility (EPE) Unincurred Business Expenses (Self-Employment) Continuation of Medicare Coverage Medicare for Persons with Disabilities Who Work SSDI at a Glance – What Happens When You Go to Work

SSI ONLY EMPLOYMENT SUPPORTS Earned Income Exclusion Examples of the Earned Income Exclusion Student Earned Income Exclusion (SEIE) Property Essential to Self-Support (PESS) Special SSI Payments for Persons Who Work – Section 1619(a) Reinstating SSI Eligibility Without a New Application Special Benefits If You Are Eligible Under 1619 and Enter a Medical Facility Medicaid While Working– Section 1619(b) 2013 State Threshold Amounts for Persons with Disabilities 2013 States with Separate Threshold Amounts for Blind Persons

SPECIAL RULES FOR PERSONS WHO ARE BLIND How We Apply Substantial Gainful Activity (SGA) Under SSDI to Persons Who

Are Blind Blind Work Expenses (BWE) Comparison of Monthly SSI Payment With BWE Versus IRWE Accommodations for Persons Who Are Blind or Visually Impaired

ADDITIONAL HELP WITH HEALTH CARE FOR PERSONS WITH DISABILITIES

Medicaid Buy-In for Working Persons with Disabilities Help with Medicare Part A Premiums

EXAMPLE OF CONCURRENT BENEFITS WITH EMPLOYMENT SUPPORTS. 46

Summary of Example with Concurrent Benefits DEMONSTRATION PROJECTS UPDATE

Accelerated Benefits Benefit Offset National Demonstration (BOND) Youth Transition Demonstration (YTD) Current Events

GLOSSARY

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Vocational Rehabilitation Services

Under the Rehabilitation Act of 1973, as amended, federal grants are awarded to assist states in operating a comprehensive vocational rehabilitation program. This program provides VR services to eligible individuals with disabilities, consistent with their strengths, resources, priorities, concerns, abilities, and capabilities, so that such individuals may prepare for and engage in gainful, competitive employment.

Eligibility have a physical or mental impairment that is a substantial

impediment to employment; be able to benefit in terms of employment from VR services

require VR services to prepare for, enter, engage in, or retain gainful employment that is consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, and informed choice.

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Vocational Rehabilitation Services

For Example - Michigan Rehabilitation Services (MRS) Partners with individuals and employers to achieve quality

employment outcomes and independence for persons with disabilities.

Workforce Programs to help eligible individuals with disabilities (those with existing physical/mental impairment and have work related barriers due to a disability) get and keep a job.

Vocational rehabilitation counseling designed to help people with disabilities decide on an appropriate employment goal.

Youth employment services Choose your employment plan - when you become eligible for

services from MRS, you will need to develop a written Individualized Plan for Employment that will show how you will achieve your employment goal. There are several options for developing the plan with or without an MRS counselor.

26SNAP Program

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Supplemental Nutrition Assistance Program

The Supplemental Nutrition Assistance Program (SNAP)—formerly known as the Food Stamp program—is a federally funded means-tested entitlement program that provides certain low-income individuals and families with a monthly benefit (an allotment) that they can use to buy the food they need to stay healthy.

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Supplemental Nutrition Assistance Program

Eligibility Is determined by the income of a household. For the

purposes of SNAP, everyone who lives together and purchases and prepares meals together is grouped together as one household2. However, if a person is 60 years of age or older and unable to purchase and prepare meals separately (e.g., because of a permanent disability), he or she and spouse may be considered a separate household if the others he or she lives with do not have very much income (no more than 165% of the Federal Poverty Level).

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Supplemental Nutrition Assistance Program

Resources Supplemental Nutrition Assistance Program

National toll free number: 800-221-5689 (leave message to have information mailed).

Bridge Card/Food Stamps & Cash Benefits Electronic Benefits Transfer Card (EBT) Obtained through DHS and provides food/cash

benefits to recipients. Application may be printed online but must be

completed and taken to the local DHS office. The card is just like a debit card and food/cash

benefits are made available according to the benefits schedule.

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Supplemental Nutrition Assistance Program

Resources Farmers Markets Accept Bridge Cards

Farmers markets are a great place to purchase fresh Michigan produce and to connect with local farmers and your community. Everyone should have access to fresh, healthy, local food.

Detroit Eastern Market Bride Card Program The market and the adjacent district are rare finds in

a global economy a local food district with more than 250 independent vendors and merchants processing, wholesaling, and retailing food.

Double Up Food Bucks program Sponsored by the Fair Food Network, doubles the

value of Bridge card purchases of fresh fruits and vegetables at local farmers’ markets

31Resources

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Additional Resources

Housing TAC Resource Center on Supportive Housing Creative Housing Choices for Disabled Beneficiaries by th

e Use of SNTs Energy Assistance Programs for Each State Supportative Housing U.S. Department of Housing and Urban Development Statement of the Department of Housing and Urban Devel

opment on the Role of Housing in Accomplishing the Goals of Olmstead

Center for Medicare & Medicaid Services Fact Sheet - Home and Community Based Services

Medicaid Expansion 2014

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Additional Resources

Employment U.S. Department of Veteran Affairs State Vocational Rehabilitation Agency American Foundation for the Blind The Medicaid Buy-In for Working People With Disabilities Ticket to Work Program Medicaid & Work: Keeping Your Medicaid While You Wor

k Ticket to Work Medicaid Buy-In for Working People with Disabilities Paying for Both Food & Medical Care

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Additional Resources

SNAP SNAP (Supplemental Nutrition Assistance Program) Funding the SNAP Program Foodstamp Case for Pooled Trust

For more resources check out: Patti’s Benefits Checklist Do you have one for your clients?

35Presenters

Patricia E. Kefalas Dudek, Esq

PEKD & Associates30445 Northwestern Hwy

Ste. 250Farmington Hills, MI 48237

248-254-3462www.pekdadvocacy.com

pdudek@pekdadvocacy.com

Blaine Brockman, Esq

Brockman Legal Services765 Lakeview DriveWest Jefferson, Ohio

43162   614 879-4143

www.brockmanlegal.com blaine@brockmanlegal.com