the equip for equality pabss project presents ticket$ to work know your rights protect your benefits...
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The Equip For Equality PABSS Project Presents
TICKET$ TO WORKTICKET$ TO WORK
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Know Your RightsProtect Your Benefits
A Guide for Social Security Beneficiaries
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Equip For Equality:Protection and Advocacy
Mission: To advance the human and civil rights of people with physical & mental disabilities
All Services are Free and Confidential
Equip For Equality Services Include:
Self-Advocacy Assistance Information & Referral Public Policy Advocacy Training & Education Abuse/Neglect Investigations Latino Outreach Traumatic Brain Injury Project Legal Advocacy Special Education Issues Guardianship Reform
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The Training Institute at Equip For Equality
Provides Free Training to people with disabilities and their family, friends,
employers, and service providers regarding:
Legal Rights Self-Advocacy
The A.D.A. Special Education
Transportation Guardianship
Employment Rights Practical Advice
The PABSS Project at Equip For Equality
Call PABSS for Help Call PABSS for Help With …With …
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PABSS: A Blue Ribbon Project
PABSSProtection and Advocacy for Beneficiaries of Social Security
PABSS
Breaking Down Barriers to Employment
Created by the Ticket to Work Act A Win-Win-Win-Win Situation
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PABSS:Areas of Assistance
PABSS Provides Education, Training, Problem Solving, and Advocacy regarding:
Social Security Benefits & Work Incentives Information Obtaining Vocational Rehabilitation Services (DRS) Using the Ticket to Work The relationship between a beneficiary and an EN Employment Laws (A.D.A. & F.M.L.A.) School to Work Transition Issues Employment Barriers
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Breaking Down Barriers
Barriers to Work
• Little or no information • Fear of losing benefits
• Skills training needed• Job search assistance• Transition Planning
• Workplace stereotypes• Discrimination
Remedies that Enable, Empower and Employ
• Education and Training• Advocacy
• Obtain Support Services (Through VR, BOE, ENs)
• Negotiation / Mediation• Litigation
PABSS:
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PABSS:Areas of Assistance
PABSS Issues Include: Medical/VR Services SS Overpayments
Discrimination Garnished Wages Criminal Records Transportation Housing Student Loan Defaults
PABSS can advocate for you regarding ANY barrier to employment!
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PABSS Services
The PABSS Project provides the following services at No Charge:
Self-Advocacy Assistance Legal Advocacy
Legal Representation Information and Referral
Short & Long Term Assistance Dispute Resolution
Training & Education Negotiation & Mediation
If legal assistance will allow you to work, PABSS may be able to help you!
Social Security AdministrationRules and Work Incentives
SSI and SSDISSI and SSDI
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Know Your Rights
Protect Your Benefits
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SSA Disability Programs
SSI: Supplemental Security Income – 1st of the month– Brown envelope– Based on need
SSDI: Social Security Disability Insurance– 3rd of the month– Blue envelope – Based on FICA Payments
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Social Security Work Incentives
Social Security Work Incentives
Rules that allow SSI and SSDI beneficiaries to work and protect their cash and medical
benefits.
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SSI and SSDI: ImpairmentRelated Work Expenses
IRWEs: Deductible expenses that are related to your disability and your job.
Work expenses due to your disability Deducted from earnings when determining countable
earned income IRWEs can Include:
Medication Special work equipment Transportation Medical Devices Workplace Aide Attendant Care
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SSDI Work Incentives
Trial Work Period (TWP) – 9 Months Extended Period of Eligibility (EPE) – 3 Years Substantial Gainful Activity (SGA) – $ 800 / $ 1330 Impairment-Related Work Expenses (IRWE) Subsidies (For example, a Job Coach) Expedited Reinstatement of Benefits (EXR) Extended Medicare Unsuccessful Work Attempt Ticket to Work
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SSI Work Incentives
Earned & Unearned Income Exclusions ($ 85) Plan for Achieving Self-Support (PASS) Expedited Reinstatement of Benefits (EXR) Impairment-Related Work Expenses (IRWE) Student Earned Income Exclusion (SEIE) Subsidies Continued Medicaid Coverage
[Section 1619(b)] Ticket to Work
The Ticket To Work
Is This Your Winning Ticket?
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The Ticket to Work:Is This Your Winning Ticket?
The Ticket To Work Program provides for: Assistance through PABBS and BPA&O Programs Improved Work Incentives
Increased cash benefits while working Protection from a Continuing Disability Review (CDR) Expedited Reinstatement of Benefits Expanded Medical Coverage
Employment Networks (ENs) to provide services
An Individualized Work Plan (IWP)
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Ticket Eligibility
18-64 years of age In active pay status for SS Cash Benefits Not expected to improve medically, or had a
CDR within the past 12 months If you have questions, call PABSS at Equip for
Equality, or MAXIMUS, the Program Manager for The Ticket to Work Program. (See the Resource List at the end)
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A New Employment Tool: Employment Networks (EN)
Employment Networks (ENs) are private or government agencies that provide employment-related services at No Charge. DRS is considered an EN. Services include:
Work incentives planning Vocational assessment Job Training Job Placement Case management Follow-up services
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Employment Networks (EN)
Private organizations or government agencies that provide employment-related services. DRS is considered an EN
Goal is increased consumer choice Help beneficiaries develop and implement
“Individualized Work Plans” (IWP) Up to 5 years Goal is to go off of SSA cash benefits No work is required the 1st two years
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BPA&O - Benefits Planning, Assistance & Outreach
No cost to the beneficiary Helps beneficiaries determine how going to
work may affect their benefits Enables beneficiaries to plan their finances
while working Benefits Planning Assistance and Outreach
Programs, (BPA&O), are available through MOPD, DRS, and OMH
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BPA&OMAP
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Important Considerations When Using Your “Ticket”
When using your “Ticket”:
If you think your condition is improving, place your Ticket immediately for CDR protection
Research the right EN for you Make sure that the IWP fits
your needs & goals Have the EN or DRS send
the IWP to Maximus
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Important Considerations When Working
Take these steps when you work:
Contact a Benefit Planner (BPA&O) Monthly, give Check Stubs to SSA & the EN
Keep the originals - have SSA confirm receipt Use IRWEs and other Work Incentives to Reduce your “Countable Income” for SSA
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Continuing Disability Review
(CDR) Protection
This is a BIG Benefit. SSA will not schedule continuing disability
reviews (CDRs) for beneficiaries if: You are using your Ticket Making timely progress toward employment goals
CDRs already scheduled will still be conducted So… Make sure that the EN or DRS
sends your work plan to Maximus
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Expedited Reinstatement of Benefits
If you are unable to continue working due to your disability, you may apply for Expedited
Reinstatement of Benefits
The reason that you are unable to work must be related to your disability
Benefits are usually restored in 1-2 months You can receive up to six months of provisional benefits while SSA reviews your claim. These benefits do not have to be repaid.
Laws Regarding Disability Discrimination
In the Beginning…
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In the Beginning…
Do not curse the deaf or place a stumbling block before the blind…
3300 Years Ago
Leviticus 19:14:
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… And More Recently
30 Years AgoThe Rehabilitation Act
Creates a right to receive vocational rehabilitation; Prohibits discrimination by federal funding recipients
13 Years AgoThe Americans With Disabilities Act (ADA)
Provides equal opportunity and access in employment, governmental services, public accommodations, and telecommunications.
10 Years AgoThe Family and Medical Leave Act
Allows time off from work to care for themselves or family members with serious health conditions.
The Rehabilitation Act
Your Right to Receive Vocational Rehabilitation
Services
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Your Rights Under The Rehabilitation Act
Receive Vocational Rehabilitation Services
Confidentiality of Records
Fair treatment
Appeal of a denial of services from DRS through a “Fair Hearing.”
Places that receive federal funding cannot discriminate against people with disabilities.
The PABSS Program can assist you with issues relating to an EN or DRS
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Vocational Rehabilitation Services
DRS may provide the following work-related services for you:
Career counseling, job placement, and job training Supported employment services such as a job coach Interpreters, note takers, readers, attendants, ... Occupational licenses, tools, and equipment Technological aids and devices Home and vehicle modifications Medical Services including attendants Financial assistance with school, equipment, or training.
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Your Right to Receive Vocational Rehabilitation
Eligibility for DRS Vocational Rehabilitation Services
You have a medically diagnosed physical or mental impairment resulting in a substantial impediment to employment; You could benefit from VR services relating to employment; You require VR services to prepare for, enter, engage in, or keep gainful employment.
The Americans With Disabilities Act (ADA)
The ADA in the The ADA in the Real WorldReal World
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The Americans with Disabilities Act (ADA)
Title I – Employment Title II – State and Local Government
Services / Public Transportation
Title III – Public Accommodations and Commercial Facilities
Title IV – Telecommunications Title V – Miscellaneous
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Goals of The ADA
Eliminate discrimination Ensure that people with disabilities experience:
Equality of opportunity Full participation and integration Independence
Remove barriers to access. Barriers can be attitudinal, architectural, communicative, or transportational in nature.
Provide clear, strong, enforceable standards FAIRNESS !!
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Who is Protected under the ADA?
A person with a physical or mental impairment that substantially limits one or more major life activities;
A person with a record of such an impairment; A person who is “regarded as” having such an
impairment.
Title I of the ADA
The ADA in the Workplace
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Employers Covered by the ADA
Employers with 15 or more employeesAll State and local government
employers with at least one employeeLocal laws may cover smaller private
employers
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Protected Individuals Under Title I of The ADA
An employee is protected by the ADA if they: Have a substantial limitation of one or more
major life activities Major life activities include: Breathing, walking, lifting, working, speaking, hearing, seeing, eating, caring for oneself, interacting with others, sex, sleeping, sitting, concentrating, performing manual tasks, learning, standing, reading, … Requires an individualized assessment - Disability is decided on a case by case basis People with a “record of” such an impairment or who are “regarded as” having such an impairment are also covered
Are qualified to do the essential job functions with or without a reasonable accommodation
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Workplace Protections Under The ADA
Discrimination is prohibited in any facet of employment, including:
• Job application procedures• Hiring / Firing• Compensation• Advancement• Training or • Any terms, conditions, or privileges of
employment
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Prohibited Conduct by Employers
Asking disability related questions. An employer may ask about performance of job functions. They cannot ask about: Worker’s Compensation Claims Reasons for time off from work Medical Treatment or Medications
Requesting a Medical Examination before making a conditional offer of employment
Not providing Reasonable Accommodations Discriminating in any facet of employment.
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Medical Examinations Prior to A Job Offer Are Prohibited
Cannot require medical exam before job offer Certain tests are not considered medical
exams, and are not prohibited by ADA
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After A Conditional Job Offer
Employer may ask disability-related questions and require medical exam
Employer cannot withdraw job offer unless disability interferes with essential functions of the job and reasonable accommodation cannot be provided
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Disability Disclosure and The Permissible Question
The following question is permissible on a job application or at an interview:
Further questioning may elicit improper information concerning a disability.
An employee or applicant is not obligated to mention that they have a disability until they request a reasonable accommodation.
* Are you able to do the essential functions of the job with or without a
reasonable accommodation?
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Reasonable Accommodation
Any change or adjustment to a job or work environment that allows a person to:
Participate in the job application process Perform “Essential Functions” of the job
Fundamental Job Duties An employer cannot refuse to hire someone
because of inability to perform non-essential duties
Enjoy benefits and privileges of employment
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Examples of Reasonable Accommodations
Providing or modifying equipment or devices Job restructuring Part-time or modified work schedules Job reassignment Modifying exams, training, or policies Providing readers and interpreters Making the workplace accessible
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Reasonable Accommodation Requirements
Reasonable Accommodations must be provided unless there’s an undue hardship or a health and safety risk
An undue hardship is defined as requiring significant difficulty or expense
Employers are not required to provide the exact accommodation requested
Fundamental alterations are not required
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Reasonable Accommodation:Responsibility of Employees
The Employee must make the request for a reasonable accommodation Written, dated, and signed Keep a copy Include:
Nature of your disabilityReason for requestRequested accommodation
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Reasonable Accommodation:The Interactive Process
The ADA envisions an interactive process in deciding on a reasonable accommodation
The Employee should make the request for a reasonable accommodation
The Employee, their supervisor(s), and Human Resources should be involved in the interactive process
Employers must provide an effective accommodation, not necessarily the exact accommodation requested by the employee
The JAN Website is a useful Resource
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Adverse Job Actions:Discipline and Termination
Discipline and Termination Issues
Rules and Their Enforcement Must Be: Evenly Applied
Consistently Apply Consistent Standards Job-related Consistent with business necessity Non-Discriminatory
There must not be a disparate impact on employees with disabilities
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Adverse Job Actions:Discipline and Termination
Steps to Take in Instituting Discipline
Consult with the employee Ensure that the discipline can be justified and is non-discriminatory Fully consider the reasons why the disabled employee might have behaved in the way which has led to the disciplinary action Be sure that the discipline or termination could not be
avoided by any reasonable accommodation. The Employer can and should raise the issue when
the need appears obvious.
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Confidentiality
All information about disability and accommodations
Information can be available to supervisors Separate medical and personnel files
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Harassment
Based on disability Pervasive or severe and affecting a term,
condition, or privilege of employment Employer knew or should have known, and
failed to take remedial action
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Employment Application And Interview Tips
You do not have to disclose your disability unless: You need a reasonable accommodation Your have received a conditional offer of employment It may help you get the job
How to deal with inappropriate questions – DO NOT LIE! On the application, leave it blank (get an extra copy) On the interview, say, “I do not answer questions about
private matters unrelated to the job. I would be happy to discuss my qualifications for this job.”
“I took time off to handle a private family matter.”
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Tips For Requesting A Reasonable Accommodation
Put your request in writing If possible include a letter from your doctor
describing your disability and the reasons for the requested accommodation
Ask for a response by a specific date Keep a copy of the letter If the accommodation is provided, send a
“Thank You” letter Check the JAN Website
ADA Review
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Because Once is Not Enough
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ADA Review – Applicability
The ADA applies to individuals with a substantial limitation of a major life activity who are qualified to do the essential functions of the job with or without a reasonable accommodation.
The ADA applies to employers with 15 or more employees although The Illinois Human Rights Act applies to all employers.
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ADA Review
People do not have to disclose a disability unless: They need a reasonable
accommodation They have received a
conditional job offer They want to because it may
help them get the job
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ADA Review - Reasonable Accommodations
Reasonable Accommodations must be provided unless they:
Are an undue hardship Pose a health or safety risk to the employee
or others Constitute a fundamental alteration of the job
An effective accommodation, not necessarily the requested accommodation must be provided.
Employers may request medical information only to substantiate the employee’s disability and
their need for an accommodation.
The Family Medical Leave Act
The FMLA,
Family Values, and Disability
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Reasons for FMLA Leave
Covered employees are entitled to up to 12 weeks of medical leave for any of the following reasons:
The birth and care of a newborn child Placement with the employee of a son or daughter for adoption or foster care;
To care for an immediate family member (spouse, child, or parent) with a serious health condition; or
To take medical leave when the employee is unable to work because of a serious health condition.
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FMLA Leave
FMLA Leave Provides: Up to 12 weeks of leave in a 12 month period
(The 12 weeks may be taken intermittently) Maintenance of Health Care Coverage Job Protection FMLA Leave is usually unpaid
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FMLA – Employer Coverage
Employers covered by the FMLA:
Private-sector employers who employ 50 or more employees;
and All Public agencies (Including state, local, and
federal employers, local education agencies (schools), (the number of employees is not relevant)
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FMLA – Employee Coverage
The Employee (Worker) must meet all of these conditions to be protected by the FMLA:
Working at a covered employer Worked for the employer for 12 months.
(The 12 months do not have to be consecutive)
and Performed 1250 hours of work during those 12
months
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FMLA – ADA Interplay
As a Reasonable Accommodation
under the ADA, FMLA Leave may be: Extended beyond 12 weeks Given to an employee who is otherwise not eligible under the FMLA and/or Given as paid leave
Employment Statistics
"Get your facts first, and then you can distort them as much as you please."
Mark Twain
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“There are white lies, damn lies, and statistics.”
Will Rogers
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Employment Statistics
Employment Statistics Regarding the ADA and People with Disabilities
20% of the U.S. population has a disability. Almost half of these people, 26 million, have a severe disability.
29% of adults with disabilities are working. 79% of adults without disabilities are working.
The percentage of adults with disabilities who are working has remained virtually unchanged since 1986.
36% of employed people with disabilities say they have encountered discrimination in the workplace.
90% of people who have heard of the ADA support it.
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JAN Statistics
Reasonable Accommodation Costs vs. Benefits
20% cost nothing Over 70% cost $ 500 or less Median Cost: $ 250
Benefit to the Company: $ 35 for each $1 spent
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Reasonable Accommodation Costs vs. Benefits
Reasonable Accommodation Costs 20% cost nothing Over 70% cost $ 500 or less Median Cost: $ 250
Reasonable Accommodation Benefits Hiring/Retaining a qualified employee Saved insurance and training costs Increased Productivity
Benefit to the Company: $ 35 for each $1 spent
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Company Benefits from Accommodations
Hired or retained a qualified employee: 56%Eliminated cost of new employee training:
31%Saved insurance costs:
38%Increased the worker's productivity:
54%Other:
25%
(Note: This total over 100% as companies often experience more than one benefit)
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Procedures to Pursue a Claim of Discrimination
• Contact Equip For Equality File with The Equal Employment Opportunity Commission
(EEOC) or another Agency There also are City, County, and State Agencies There are different time limits:
For filing with a state agency – 180 days For filing with the EEOC – 300 days Federal employees – 45 days;
Receive a “Right to Sue” letter FMLA cases must be filed with the
Department of Labor
School to Work Transitions
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SCHOOL TO WORKSCHOOL TO WORK
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Know Your Rights
Protect Your Benefits
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Transition Planning
What is Transition Planning? Transition Planning is the creation of a detailed
“Transition Plan” to help special education students move from school to post-school activities.
School districts are responsible for starting the transition process to ensure advance planning for adult programs and services.
Transition Planning Services should begin at age 14 and be reviewed annually
The Transition Plan should be included in the student’s IEP (Individualized Education Plan)
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Creating The Transition Plan
The Transition Plan should be formed with collaboration from the
following:
• The Student• Their Parents• The School• The Board of Education• The Office of
Rehabilitation Services (DRS)
The Transition Plan should be based upon
the student’s:
• Needs• Preferences• Potential • Abilities• Interests
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Transition Plan Contents
The Transition Plan should offer the following specific services:
• Instruction • Community experiences• A functional vocational evaluation • Social work services • Developing employment and other post-school adult living objectives • When appropriate, acquisition of daily living skills • Related Services – including School rehabilitation counseling • Other necessary services
The areas of adult living to be considered include:
• Independent Living• Vocational Training• Continuing and Adult Education• Adult Services• Integrated Employment (Including
supported employment)• Community Participation and integrated community living• Developing skills necessary for post-secondary education• A specific job or career
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Transition Plan Summary
Remember• Beginning Transition Planning two years prior to leaving school prevents an interruption in services and facilitates a smooth and seamless transition to adulthood.• Services may be provided by DRS but it is ultimately the school’s responsibility to provide the services. • The law envisions cooperative transition planning by the student, their family, DRS, and the school.
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Transition Planning
School to Work Transition Planning
Beginning Transition Planning at age 14 prevents an interruption in services and facilitates a
smooth and seamless transition to adulthood.
Services may be provided by DRS but it is ultimately the school’s responsibility to provide the services.
The law envisions cooperative transition planning by the student, their family, DRS , and
the school.
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Resources
www.equipforequality.org (Equip For Equality)
www.ssa.gov/work (Social Security Administration)
www.jan.wvu.edu(Job Accommodation Network)
www.ci.chi.il.us/Disabilities(Mayor’s Office for People with Disabilities)
www.yourticketowork.com (Maximus - Progam Manager for the Ticket to Work)
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Resources
Equip For Equality www.equipforequality.org Job Accommodation Network
www.jan.wvu.edu Equal Employment Opportunity Commission www.eeoc.gov Social Security Administration www.ssa.gov Maximus – (Progam Manager for the Ticket to Work) www.yourticketowork.com Mayor’s Office for People with Disabilities www.ci.chi.il.us/Disabilities
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MoreResources
U.S. Department of Justice ADA Home Page www.usdoj.gov/crt/adahom1.htm
ADA Disability and Business Tech. Asst. Ctr. www.adata.org/dbtac.html
Industrial Labor Relation Program on Employment and Disability www.ilr.cornell.edu/ped
TICKET$ TO WORKTICKET$ TO WORKKnow Your Rights
Protect Your Benefits
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