NEW YORK MAKES WORK PAY
Developing a path to employment for New Yorkers with disabilities
www.NYMakesWorkPay.org

Policy to Practice Brief Number 1

PLAN FOR ACHIEVING SELF-SUPPORT
An SSI Work Incentive and Approach to Self-Directing Vocational Rehabilitation to Support a Range of Work Goals

James R. Sheldon, Jr., J.D.
Neighborhood Legal Services

Edwin J. Lopez-Soto, J.D.
Employment and Disability Institute

About Policy-to-Practice Briefs

This document is one of a series of policy-to-practice briefs published as part of the New York Makes Work Pay Project, a Comprehensive Employment Services Medicaid Infrastructure Grant funded by the U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS) to the New York State Office of Mental Health (OMH) and its management partners the Blatt Institute at Syracuse University and the Employment and Disability Institute (EDI) at Cornell University.  The New York Makes Work Pay Initiative is currently funded for calendar years 2009 and 2010 and will provide an array of services to individuals with disabilities and the agencies and advocates that serve them, helping to remove obstacles to work and pave the way to self-supporting employment. (Footnote Reference 1)

Footnote 1: A detailed description of the New York Makes Work Pay Project and its services can be found at http://www.NYMakesWorkPay.org

This brief is based, in part, on a similar document last updated by the authors in 2003 and originally published by the Work Incentives Support Center in the Employment and Disability Institute at Cornell.  Materials were reviewed for accuracy by the Social Security Administration (SSA), Office of Employment Support Programs.  However, the thoughts and opinions expressed in these materials are those of the authors and do not necessarily reflect the viewpoints or official policy positions of the SSA, CMS, or OMH.  The information, materials and technical assistance are intended solely as information guidance and are neither a determination of legal rights or responsibilities, nor binding on any agency implementation and/or administrative responsibilities.

This publication is based on federal Social Security and Supplemental Security Income (SSI) laws, regulations and policy.  However, unlike earlier versions, the current version is specifically targeted to New Yorkers with disabilities and, as such, will use New York’s SSI rates in all its examples.  Also, as relevant, we will specifically mention New York agencies by name and reference any New York-specific supports which may be able to assist New Yorkers with disabilities achieve their work goals when used in combination with SSI’s Plan for Achieving Self Support.  Notwithstanding this focus on New York, this publication will include extensive references to SSI policy and will be a valuable reference throughout the nation.  

Table of Contents

About Policy-to-Practice Briefs

I.	Introduction

II.	The Case of Ann

III.	The History of PASS

IV.	Why the PASS is Important

V.	How the PASS Works
A.	SSI Is a Program for the Financially Needy
B.	The PASS Is an Income and Resource Exclusion Device
C.	The Beneficiary Must Have a Continuing Disability

VI.	Criteria for PASS Approval
A.	The PASS Must Be in Writing
B.	Items to Include in the Written Plan
1.	The Specific Work Goal
a.	Feasibility
b.	When Goal Will be Limited to an Entry-Level Position
c.	A PASS Must be Expected to Increase 	a Person’s Prospect for Self Support
2.	The Individual’s Medical, Educational, and Vocational Background
a.	Medical Background
b.	Past Employment
c.	Educational Background
3.	List of Items or Activities Requiring Savings or Payments and Anticipated Amounts
a.	A PASS to Start a Business Will Generally Be Limited to Start-up Costs
b.	Business Plan to Support Self-Employment
c.	A Proposed Expense Must Be the Least Costly Alternative
4.	Cash Resources to Put into the PASS
5.	Specific Savings and Planned Disbursement Goals
6.	Specific Beginning and Completion Dates for PASS “Milestones”
C.	The PASS Must Be Approved by SSA

VII.	How May Excluded Income and Resources Be Used?
A.	Examples of Expenses That Can Be Approved
B.	General Rule: Approved PASS Expenses Must Be In Addition to Expenses Currently Incurred by the Person
C.	Use the PASS to Supplement What Other Sources Can Fund

VIII.	Time Limits for the PASS

IX.	Modifications to the PASS
A.	Amended Plans Are Allowed
B.	A Second PASS Is Allowed
C.	Suspension or Termination of the PASS
X.	Progress Reviews

XI.	Most Likely Candidates for a PASS
A.	Persons with Significant Unearned Income
B.	Persons with Significant Earnings
C.	Persons with Significant Resources
D.	Persons with Deemed Income from a Spouse or Parent
E.	Persons Who Receive In-Kind Support and Maintenance

XII.	The PASS Application Packet:  Items Generally Submitted with a PASS Proposal
A.	Before the PASS Application Submission:  A Letter of Intent from the Individual or Advocate
B.	Cover Letter from Advocate
C.	Letter from Applicant/Person with Disability
D.	Completed SSI Application
E.	Letter of Support from Vocational Counselor
F.	The Proposed PASS
G.	The PASS Budgeting Form

XIII.	Other Considerations Related to the PASS
A.	Are the Proposed Expenditures Reasonable?
B.	Will the Person Have Enough Disposable Income to Meet Monthly Expenses After the PASS is Approved?
C.	How Will the PASS Affect Other Benefits?
1.	Medicaid
a.	Medicaid Eligibility from the PASS Itself
b.	Linkage to 1619(b) Medicaid Through the PASS
2.	Government Rental Subsidies
3.	Food Stamps
4.	Assistance from the State Vocational Rehabilitation Agency
D.	The Effect of SSDI’s Trial Work Period and Extended Period of Eligibility Rules Upon the PASS
1.	The TWP and EPE Explained
2.	Planning for the Impact of the TWP and EPE; Contrasting SSI’s Section 1619(a) Provisions
E.	Timing the PASS Application to Take Advantage of Section 1619(a)
1.	The Medicaid Buy-In as an Alternative to 1619(b)
F.	What if the Beneficiary Medically Improves After the PASS Is Approved?
G.	If the PASS Is Denied — the Right to Appeal

XIV.	Conclusion

PASS Example: Ann Lempke
PASS Budgeting Form
Sample Letter from Rehabilitation Counselor
Sample Letter from Advocate
PASS Form

I.	Introduction

This policy-to-practice brief provides an in-depth illustrated description of the Plan for Achieving Self-Support (PASS) work incentives. This brief reviews how the PASS can be used to promote a work goal; the criteria for approving a PASS; and how the PASS can be used in conjunction with other programs to promote and achieve vocational success. Throughout the brief, examples are used to illustrate principles and provide an example in the appendices to show how to propose a PASS that meets all of SSA’s criteria for approval. Extensive citations to law, regulation, and policy appear in footnotes to maximize the usefulness of this publication to benefits planners who are engaged in writing PASS proposals for individuals. 

II.	The Case of Ann 

Ann, who resides in Syracuse, New York, injured her spinal cord at age 13. This left her paralyzed from the waist down, with limited use of her arms, hands and fingers. She uses a power wheelchair, has difficulty writing, and depends on others to meet most personal needs, including bathing and dressing. Now, age 19, Ann is about to graduate from high school and enter college. Ann must overcome many disability-related barriers in order to succeed in college and eventually become an elementary education teacher. 

The physical barriers to Ann’s success can be overcome with a combination of personal assistance services and assistive technology (e.g., a power wheelchair, adapted personal computer equipment, and a specially modified van). However, the cost of these items and college tuition creates a major barrier to long-term vocational success. With only $850 in monthly Social Security Disability Insurance (SSDI) benefits, Ann cannot finance her education, purchase a vehicle, wheelchair, personal computer, and meet monthly living expenses.

There is a multi-tiered solution available to Ann. Ann and her family will first contact New York’s state vocational rehabilitation program, the Office of Vocational and Educational Services for Individuals with Disabilities (VESID), for assistance in supporting her long-term vocational plans. VESID can probably provide Ann with counseling and financial support with tuition, books, and transportation expenses for commuting to college. (Footnote Reference 2) Ann can simultaneously apply for assistance available through New York’s Tuition Assistance Program (TAP) (Footnote Reference 3), the federal PELL grant program (Footnote Reference 4), other grants and scholarships, and student loans. Hopefully, Ann can be directed through the application process for VESID and the other programs through her high school’s guidance office or through her local school’s transition coordinator. 

Footnote 2:  For more information on VESID’s program, see www.vesid.nysed.gov
Footnote 3:  For more information on New York’s TAP program, see www.tapweb.org
Footnote 4:  For more information on PELL grants, see www.ed.gov/programs/fpg/index.html

Even if Ann finds good resources at her high school to apply for all these programs and qualifies for them, the assistance through VESID and the other programs may not be enough to meet all of Ann’s college and vocationally-related expenses. For example, VESID might not be able to assist Ann with all her tuition expenses if she attends a private college; might not be able to assist her with all the computer-related items she needs; and may not be able to help her with the price for a van.
Using a Plan for Achieving Self Support (PASS), (Footnote Reference 5) Ann can use her SSDI dollars to pay for items and services that would not be paid by other sources. These items and services might include tuition, other educational expenses, a vehicle, and a computer. With an approved PASS to cover these “vocationally related” expenses, she would qualify for SSI to cover monthly living expenses. In many cases, SSI will replace the SSDI benefits dollar for dollar.

Footnote 5:  Pub. L. No. 92–603, Title III, § 301, 86 Stat. 1329 (1972); 42 U.S.C. §§ 1328a(b)(4)(A)(iii) and (POMS) SI 00870.000 et seq.; (July 2000). Proposed amendments to the PASS regulations were published on July 11, 2005, 70 Fed. Reg. 39689–39692.

III.	The History of PASS

So why do so few New Yorkers with disabilities take advantage of this work incentive? In 1974, when SSI began, Congress included the PASS provisions, which allow for the exclusion of income and resources if used toward the achievement of a vocational goal. Ten years after their creation, however, the PASS provisions were dormant. In the mid 1980s, the Social Security Administration (SSA) sought to dust off the so-called work incentive provisions.(Footnote Reference 6) Through outreach efforts, which have continued to the present, SSA increased public awareness of work incentives in general and the PASS in particular.

Footnote 6:  For a thorough discussion of this subject, see the Cornell EDI Policy and Practice Brief series, available at www.ilr.cornell.edu/edi/s-PPBriefs.cfm; Empire Justice Center, BENEFITS MANAGEMENT FOR WORKING PEOPLE WITH DISABILITIES:  AN ADVOCATE’S MANUAL (2009 ed. Lopez, E. & Sheldon, J., authors and editors).

Beginning in the late 1980s, many organizations stepped in to help individuals understand and use the PASS. These efforts came primarily from the Centers for Independent Living, a handful of other agencies which serve persons with disabilities, and numerous freelance advocates. These efforts were quite successful; some would say too successful. Because of perceived abuses in the program, the U.S. General Accounting Office (GAO) began an investigation. In February 1996, the GAO issued a well-publicized and highly critical report. Leveling much of its criticism on SSA itself for not consistently interpreting its PASS regulations and policy, the GAO concluded that the PASS was not meeting its promise of making disability beneficiaries self-sufficient. (Footnote Reference 7) 

Footnote 7:  See U.S. GENERAL ACCOUNTING OFFICE, PASS PROGRAM, SSA WORK INCENTIVE FOR DISABLED BENEFICIARIES POORLY MANAGED, GAO/HEHS–96–51 (Feb. 1996) (hereinafter the “GAO report),” available at www.gao.gov (using search by report number).

Reacting to the GAO report, SSA declared a moratorium on new PASS approvals while it changed its PASS-review procedures and substantially revised its Program Operations Manual System (POMS) policy on the PASS. Under revised procedures originally established in 1996, PASS proposals have, during the past 13 years, been reviewed by a “Cadre” of PASS specialists, specially-trained SSA personnel whose primary job it is to review PASS proposals. There are now PASS specialists assigned to every region in the country.

Prior to the GAO’s 1996 report, the number of approved PASSes had soared to more than 10,000 nationwide in 1995. Following policy changes and the appointment of the PASS Cadre in 1996, the national statistics for approved PASS applications dropped to 3,483 in September 1997 and then to 1,016 in June 1999. In the years immediately following the passage of the Ticket to Work and Work Incentives Improvement Act in 1999, SSA actively sought to promote the PASS as and a number of other work incentives. In New York, SSA did this through community outreach, often in partnership with community-based programs such as the SSA prior-funded Benefits Planning, Assistance and Outreach (BPA&O) projects, currently called Work Incentives Planning and Assistance (WIPA) projects. With this promotion and outreach, the number of approved PASS applications, nationally, had gradually increased, with 1,598 in existence as of December 2004. New York State followed this national trend and it had over 100 approved PASS applications in existence as of December 2004.

During the peak of SSA’s proactive activity in promoting the PASS (roughly 2000 to 2004), the PASS Cadre for New York State included seven full-time staff, with four serving New York City and surrounding counties and three serving upstate counties. In more recent years, this staffing pattern has gradually gone down through retirements and staff reassignments. As this is written, there is one full-time PASS Cadre member serving upstate New York and one and a half full-time staff serving the New York City region. These decreased staffing patterns have resulted in a reduction in the amount of proactive outreach being conducted to promote the PASS in a number of years. With reduced staff and almost no outreach, the number of PASS applications within the state has decreased to 86 in 2006.

Based on this current climate, the New York Makes Work Pay Initiative has prioritized expansion of the PASS as an underused tool to help more New Yorkers with disabilities obtain self-supporting employment and self-employment. To make more individuals with disabilities and agency personnel aware of the PASS, the initiative will promote an active outreach and development campaign building on the release of this policy-to-practice brief. The initiative will include more dedicated publications on the topic of PASS, featured staff development and training on the PASS provision through both face-to-face and distance learning modalities, and ongoing toll free technical support through 1-888-224-3272. The goal is that these activities will result in a 20% increase in the number of New Yorkers with approved PASS applications in 2009.

IV.	Why the PASS is Important

The majority of individuals reading this brief probably work for agencies that support the efforts of individuals with disabilities in obtaining self-supporting employment and self-employment. In many cases, the role of these agencies is to link the consumer with the services and supports that will help the individual achieve his or her work goals. In many cases, the service or item needed (e.g., transportation, child care, tuition costs, computers) are not easily obtained at no cost to the consumer. This is where the PASS can help.

Efforts to help individuals with disabilities understand and use the PASS can prove to be enormously beneficial and life changing for these individuals. By promoting the PASS as a way to reach one’s work goals, a path from dependence on benefits to financial independence can be paved.

The PASS can be tailored to meet vocationally-related needs that cannot be funded by other sources. With comprehensive planning, the PASS can be used to supplement what can be funded under a state’s vocational rehabilitation program, like New York’s VESID or Commission for the Blind and Visually Handicapped (CBVH), or through third party insurance programs like Medicaid or Medicare.

V.	How the PASS Works

The PASS allows a person to exclude income and/or resources that would otherwise be counted in determining SSI eligibility. If used for approved goods or services, the money set aside in a PASS will not be counted by the SSI program. This then allows the individual to become eligible for SSI, retain SSI eligibility, or become eligible for a larger SSI check.

A.	SSI Is a Program for the Financially Needy

SSI is an entitlement program for persons with limited income and resources. (Footnote Reference 8) SSDI is, by contrast, available because a wage earner paid into the system through payroll deductions. SSI can be one’s only source of income or it can supplement another source of income such as SSDI benefits or wages.

Footnote 8:  See 20 C.F.R. §§ 416.1100, et seq. (income), §§ 416.1201, et seq. (resources).

SSI is a nationwide program, administered by SSA. Since states supplement the SSI federal benefit rate (FBR) at their option, payment levels will vary. The examples used in this article are based on the 2009 New York SSI rates which include a state supplement. (Footnote Reference 9) 

Footnote 9: Readers from other states can substitute their state SSI rates to see how an example works out in their state.

To be eligible for SSI, an individual’s countable monthly income cannot exceed the relevant SSI rate for his or her state. For example, in New York where an individual who lives alone will receive a maximum SSI check of $761 per month, an individual who receives an $850 SSDI check will be ineligible for SSI. This is because the first $20 of monthly unearned income is excluded in determining the monthly SSI check. Since the countable income of $830 will be more than the SSI base rate of $761, this individual will not qualify for SSI.

Additionally, an individual can have no more than $2,000 in non-exempt resources. Thus, a savings account containing more than $2,000, for example, will make the person ineligible for SSI, even if monthly income is within eligibility limits.

In 39 states, the District of Columbia, and the Northern Mariana Islands, a person who receives any amount of SSI qualifies for Medicaid automatically. (Footnote Reference 10) New York is one of the 39 states in which Medicaid is automatic for SSI recipients. In the other 11 states, known as section 209(b) states, Medicaid eligibility will be determined under separate criteria. (Footnote Reference 11) The states which exercise the 209(b) option include: Connecticut, Hawaii, Illinois, Indiana, Minnesota, Missouri, New Hampshire, North Dakota, Ohio, Oklahoma and Virginia. (Footnote Reference 12)

Footnote 10:  42 U.S.C. § 1396a(a)(10)(A)(i).
Footnote 11:  42 U.S.C. § 1396a(f).
Footnote 12:  POMS SI 01715.020.

B.	The PASS Is an Income and Resource Exclusion Device

Using the hypothetical case of Ann introduced earlier and an ongoing presumption of her continuing to meet SSA’s disability standard, if she takes $830 of her $850 SSDI check and uses it in an approved PASS to save toward a van purchase to meet her vocational goal of becoming a teacher, the $830 will be excluded and no longer counted by the SSI program. With the $20 unearned income exclusion and the $830 PASS exclusion, her monthly countable income for SSI purposes is reduced to $0 ($850 - 20 = $830 - 830 = $0). With no countable income or resources, Ann is now eligible for an SSI check at the full 2009 New York living with others rate of $697 per month. She will also qualify for automatic Medicaid because Medicaid is automatic for SSI recipients in New York. As she puts this $830 per month into a special bank account, the resources of this bank account will be exempt and not count toward Ann’s $2,000 resource limit. With the PASS, Ann will now have $717 a month for living expenses, plus $830 a month to go into her PASS savings account. As pointed out below, Ann must be prepared to live off the $717 available for living expenses rather than the $850 available before the PASS was approved.

C.	The Beneficiary Must Have a Continuing Disability

To use a PASS, the SSI applicant or beneficiary must meet SSI’s disability criteria. If the disability ceases due to medical improvement, benefits will usually stop. (Footnote Reference 13) However, SSI benefits will continue under the “section 301” provisions, despite evidence of medical improvement, if the individual is in an approved vocational program at the time of medical improvement. The PASS is considered an approved vocational program under the section 301 provisions. This means that both SSI and SSDI benefits can continue, after medical improvement is found, until the PASS is completed. (Footnote Reference 14) 

Footnote 13:  See section XI.F, below.
Footnote 14:  42 U.S.C. § 1383(a)(6); 20 C.F.R. § 416.1338. SSDI Benefits will continue under parallel provisions. 42 U.S.C. § 425(b); 20 C.F.R. § 404.316(c).

VI.	Criteria for PASS Approval

A.	The PASS Must Be in Writing (Footnote Reference 15)

The PASS is a written spending plan. SSA has a 15-page PASS application form, SSA-545-BK. A reformatted copy of that form, completed for Ann in the example above, is included as an appendix to this article. The PASS form also appears as an attachment to SSA’s Procedural Operations Manual System (POMS). (Footnote Reference 16) While SSA does not require that PASS proposals be submitted on this form, advocates should use the form with all PASS applications. If an application is submitted in another format, SSA personnel are required to complete form SSA-545 to the extent necessary.

Footnote 15:  20 C.F.R. § 416.1181; POMS SI 00870.006 E.3.
Footnote 16:  20 C.F.R. SI 00870.100, Exhibit 1.

Anyone, including the SSI applicant or beneficiary, can write the PASS. It is best, however, to find a trained advocate or benefits and work incentives practitioner to write the PASS. Personnel at the local SSA office are required to write the PASS if asked to do so. (Footnote Reference 17) However, some SSA personnel may not be as knowledgeable or creative as the well-trained advocate.

Footnote 17:  POMS SI 00870.004 A.

B.	Items to Include in the Written Plan

The PASS must contain a number of items:

1.	The Specific Work Goal

Each PASS must specify and clearly describe a single occupational goal, e.g., school teacher, dance instructor, plumber, etc. If the stated objective is feasible and other criteria are met, the PASS should be approved. 

a.	Feasibility

To be feasible, the individual need only have a reasonable chance of attaining the work goal. SSA will review the history of prior work, education, training and relevant volunteer work to determine if the work goal is reasonable. (Footnote Reference 18) 

Footnote 18:  POMS SI 00870.006 A.6.


The feasibility of the work goal is presumed if the PASS preparer or the preparer agency has vocational rehabilitation credentials or expertise. The POMS encourages SSA to scrutinize the preparer’s credentials and not apply the presumption, however, if there is a history of problems with PASS applications submitted by the preparer. (Footnote Reference 19) 

Footnote 19:  POMS SI 00870.025 B.3.

When feasibility is questionable, SSA may obtain corroboration from an authoritative source other than the one involved in writing or supporting the PASS. (Footnote Reference 20) If the person had a prior PASS, the person must satisfy SSA that there is a good reason why he or she is not working in the job identified in the prior PASS and that the new PASS is needed. (Footnote Reference 21) 

Footnote 20:  POMS SI 00870.025 B.3.e.
Footnote 21:  POMS SI 00870.025 B.1.

b.	When Goal Will be Limited to an Entry-Level Position

The general rule is that a PASS is available to help a person attain an entry-level position in the person’s chosen profession. How this general rule will be applied and when the PASS can be used to support advanced degrees or positions beyond entry level will depend on individual circumstances.

SSA’s policy allows a person to use a PASS to pursue an advanced degree if the “profession of the individual’s choice” (or, “chosen career path” as used in the POMS) requires this degree to enter the profession. The policy also allows for approval of a PASS even if the person is already working or about to start work if the level of income to be generated would not currently meet the expenses in the proposed PASS. A goal beyond entry level will be approved, for example, if earnings at the entry level are not enough to meet work expenses, medical expenses, and other financial obligations. (Footnote Reference 22)

Footnote 22:  POMS SI 00870.006 A.1.

Going back to the case of Ann in the hypothetical above, assume that her PASS proposes to save toward both a bachelor’s and master’s degree in education. Will SSA be inclined to approve the additional expenses associated with the advanced degree? This will depend on the circumstances.

If we assume that Ann can obtain an entry-level teaching job with a bachelor’s degree and can meet all of her expenses without a continued PASS, SSA would probably not approve a continued PASS at that point. If we assume that most schools or even state policy would require a master’s degree to obtain the entry level teaching position, then the continued PASS could potentially be approved. New York State’s Education Department requires a master’s degree for entry level certification as a teacher. Ann should plan to submit proof with her PASS application of this requirement and specify her plan to look for teaching jobs in New York State.

c.	A PASS Must be Expected to Increase a Person’s Prospects for Self Support

The PASS must be expected to increase prospects for self-support, measured by higher earnings potential upon completion of the PASS. SSA will approve a PASS if the higher earnings are likely to reduce or eliminate benefits paid by SSA. (Footnote Reference 23) 

Footnote 23:  POMS SI 00870.006 A.5.a & b.

If an individual is already eligible for SSI before the PASS begins, the occupational goal must be designed to reduce the individual’s SSI benefit substantially. If a person is eligible for SSDI only, and not concurrently eligible for SSI before a PASS is submitted and approved, the occupational goal must be designed to result in the eventual loss of the SSDI check based on an expected wage at the substantial gainful activity (SGA) level (i.e., $980 in 2009 for persons who are not legally blind). (Footnote Reference 24) 

Footnote 24:  POMS SI 00870.006 A.5.a & b. 

This latter policy, which first appeared in the July 2000 revision to the POMS, is extremely important. This is because a large percentage of PASS applications have been approved, historically, for persons who become eligible for SSI by placing SSDI benefits into a PASS. Under this policy, a PASS applicant who wishes to use SSDI benefits in an approved PASS in order to become eligible for SSI must state an earnings goal that is expected to be at the SGA level at the time the goal is achieved.

2.	The Individual’s Medical, Educational, and Vocational Background

a.	Medical Background

The PASS application asks about the disabling illness, injury, or condition. The applicant must describe how he or she expects to do the duties of the anticipated work goal in light of the disability. The applicant must address these issues in a straightforward manner. For example, in the case of Ann (presented earlier) she will describe her limitations and how she will work as a teacher despite this disability:

“I am paralyzed from the waist down, with limited use of my arms, hands, and fingers. I use a wheelchair for mobility, have difficulty writing, and depend on others for bathing and dressing.”

“As long as I have occasional support from a teacher’s aide or assistant, I will be able to carry out the duties of an elementary grade education teacher.”

b.	Past Employment

In this section of the PASS application, SSA appears to be seeking information to determine: whether the applicant already has the experience and skills to achieve self-support without the PASS; and whether the applicant has the kind of background that makes the present work goal a good career choice. For example, an individual with Ann’s disability, quadriplegia, who had worked as a nurse before her injury, might make a good candidate to work in another medically-related field.

In general, the work history should go no further back than 15 years, with the most recent jobs more important to describe in the greatest detail in most cases.

c.	Educational Background

Like the past employment section, this section seeks to identify background related to the present ability to achieve self-support and the appropriateness of the chosen career goal. If the individual already has a degree that might appear to lead to an entry-level position, the applicant must explain why this does not make the individual self-supporting: e.g., the entry-level position requires a more advanced degree; the entry-level position will not generate enough income to allow the individual to meet all of his or her expenses; or the position in question is not appropriate in light of the disability. This may need to be explained in the comments section of the application, in a separate letter from the applicant, or in a supporting letter from a rehabilitation counselor. 

3.	List of Items or Activities Requiring Savings or Payments and Anticipated Amounts (Footnote Reference 25) 

The proposed PASS must list each item and/or service and its cost. Additionally, the individual must explain how the cost was determined and how the specific item or service will help to achieve the vocational goal.
One plan will identify items to be purchased, like a computer or a vehicle. Another will identify monthly or weekly expenses for items like gasoline, a driver, or school supplies. A third plan may include all of these items. The PASS applicant must work hard to come up with good estimates of how money will be spent, obtaining prices to be included with the application packet.

Footnote 25:  POMS SI 00870.025 B.5.a.

a.	A PASS to Start a Business Will Generally Be Limited to Start-up Costs

The general rule is that a PASS will only be approved for items to allow a person to start a job or business. (Footnote Reference 26) In applying this general rule, the POMS requires PASS specialists to take a “common sense approach,” approving any expense that is reasonable and necessary to allow the person to reach a point in his or her chosen career path that would generate enough earnings to meet all their expenses. (Footnote Reference 27) 

Footnote 26:  POMS SI 00870.006 B.4.
Footnote 27:  POMS SI 00870.006 A.1, .006 B.2. & 3, .025 A.2.

This approach is also consistent with SSA’s policy on business start-up costs, in which the general rule is to limit PASS expenses to those business-related costs occurring within the first 18 months of the business. The POMS cautions the PASS specialist to ignore the general rule when circumstances dictate: 

“You may approve expenses the person incurs after the start up period if the individual would not otherwise have sufficient remaining income and resources to cover living expenses, medical expenses, and work expenses as describe in SI 00870.006 A.1.” (Footnote Reference 28)

Footnote 28:  POMS SI 00870.025 B.5.b.

b.	Business Plan to Support Self-Employment

The PASS proposal must include a detailed business plan when self-employment is a goal. (Footnote Reference 29) The POMS details the minimum information that must be included in the business plan: (Footnote Reference 30) 

•	Business name, address, owner
•	Business form (sole proprietorship, partnership or incorporation)
•	Principal activity of the business, including the product and/or service to be provided
•	How the business will start (new or franchise)
•	Reasons for why the business should succeed
•	Who or what the market is for the business and the size and geographic location of that market
•	The mechanism for pricing the product and/or service
•	The advertising plan to reach the market and sell the product and/or service
•	List of employees and managers and their functions in the business, including qualifications of these individuals which may contribute towards the success of the business
•	The financial plan, including anticipated expenses and anticipated revenue especially those items not otherwise accounted for under the PASS

Footnote 29:  POMS SI 00870.006 A.10.
Footnote 30:  POMS SI 00870.026 C.2. – C.7.

c.	A Proposed Expense Must Be the Least Costly Alternative

Both the POMS and the PASS application emphasize the requirement that expenditures proposed under a PASS must be the least costly alternative that will allow the individual to meet his or her work goal. (Footnote Reference 31) Singled out for special scrutiny are vehicles and computer equipment. (Footnote Reference 32) In completing the PASS application, the individual must be prepared to explain to SSA what less expensive alternatives were considered and why they were not chosen.

Footnote 31:  POMS SI 00870.006 B.1, 3. & 4, 00870.025 B.5.d.
Footnote 32:  POMS SI 00870.006 B.5, 6. & 7.

4.	Cash Resources to Put into the PASS

An SSI recipient can have no more than $2,000 in the bank. (Footnote Reference 33) A person with cash or other liquid resources above $2,000 may wish to put these excess resources into the PASS. This will reduce resources below SSI limits and will allow the person to use the money on vocationally-related items.

Footnote 33:  20 C.F.R. § 416.1205.

In one case, an individual may have saved money in anticipation of going to school. In another case, he or she may have received an inheritance or a lump sum settlement from a lawsuit. In these cases, the PASS can make the funds or bank account exempt and reduce resources below the $2,000 limit.

5.	Specific Savings and Planned Disbursement Goals

The PASS applicant must document how much needs to be set aside each month and how and when he or she intends to spend the money. This savings and spending plan should be as simple or complex as the individual facts dictate.

Assume a person wants to buy a vehicle for $12,000 and has $620 per month in SSDI benefits. With the first $20 disregarded under SSI rules, $600 per month can be put into the PASS and disregarded for 20 months. Since the PASS can only be approved, initially, for up to 18 months, a two-month extension would have to be requested at a later date. (Footnote Reference 34) At the end of 20 months, $12,000 will be disbursed to pay for the car or van. In this case, since countable income is reduced to $0, the person will qualify for a full SSI check based on the state’s SSI rate (i.e., $761 for living alone, $697 for living with others based on 2009 New York SSI rates.

Footnote 34:  See section VI, below.

6.	Specific Beginning and Completion Dates for PASS “Milestones”

The PASS application must specify when it will begin and end. If the PASS is to pay for college or another training program, the objective is ordinarily achieved when the degree or certificate is received. In other cases, the duration of the PASS will be tied to the time it takes to save for a purchase, to pay off a loan or to take the necessary steps to set up a business. (Footnote Reference 35) 

Footnote 35:  See section VI, below. POMS SI 00870.006 D.

According to the POMS, a PASS application must include milestones or interval steps that measure progress as a person moves toward a work goal. (Footnote Reference 36) The approval of certain goods and/or services may be contingent on the successful completion of milestones on which the need for the goods and services is predicated. Thus, for example, if an initial goal (milestone) is to obtain a commercial driver’s license, SSA may not approve savings for a vehicle purchase until the first milestone is met (i.e., the license is obtained).

Footnote 36:  POMS SI 00870.006 A.4.

The applicant must do his or her best to calculate the time needed to accomplish the steps identified in the PASS application. By meeting these milestone requirements, this should help the person to think about what is needed to accomplish their work goal. Keep in mind, however, that the PASS can always be amended as circumstances change or as new items or time frames are clarified.

C.	The PASS Must Be Approved by SSA

All PASS applications will be sent to SSA’s PASS Cadre for approval. SSA has established no time limit within which they must act on a PASS application. However, SSA must review a proposed plan “as soon as possible.” (Footnote Reference 37) 

Footnote 37:  POMS SI 00870.025 A.2.

In urging its PASS specialists to expedite PASS decisions, SSA’s policy points out: “Remember that a delay can result in a loss of a job or training opportunity for the individual.” (Footnote Reference 38) If there is some urgency to the PASS applicant’s situation, such as needing approval to begin a school or training program that should be communicated to the PASS specialist when the proposal is submitted. If the applicant or advocate believes that a PASS proposal has sat for too long without a decision, he or she should contact the PASS specialist responsible for the case.

Footnote 38:  Id.

If possible, the person submitting the PASS should establish a rapport with the PASS specialist before the PASS application is submitted. Let him or her know ahead of time if delays will hurt your client. For example, if a proposed PASS application is submitted in late June to fund college expenses in September, let SSA know they need to make a decision by early August so that SSI checks will begin on September first. In some cases the advocate must be assertive and remind the PASS specialist if a decision on the PASS application is not made promptly.

VII.	How May Excluded Income and Resources Be Used?

A.	Examples of Expenses That Can Be Approved

Legislative history indicates that the PASS provisions should be liberally construed if necessary to accomplish the self-support objective. (Footnote Reference 39) This suggests that any expense, which is reasonably related to attaining one’s vocational goal can be approved.
The following is a representative, but by no means exhaustive list of items that can be funded through a PASS: (Footnote Reference 40)

•	Attendant care
•	Basic living skills training related to the work goal
•	Child care
•	Costs for room and board when attending educational, training, employment, trade, or business activities
•	Dues and subscriptions for publications for academic or professional purposes
•	Equipment, supplies, operating capital and inventory required to establish and carry on a trade or business
•	Equipment or tools either specific to the individual’s condition or designed for general use
•	Meals consumed during work hours
•	Operational or access modifications to buildings, vehicles, etc., to accommodate disabilities
•	Tuition, books, supplies and all fees and costs imposed by or in connection with an educational or occupational training facility including tutoring, testing, counseling, etc.
•	Uniforms, specialized clothing, safety equipment and appropriate attire (e.g., suits and dresses) for job interviews or working in an office or professional setting
•	Maintenance costs for any of the above items
•	Transportation costs, including: lease, rental or purchase of vehicle, subject to the limitations on installment payments discussed in section IV.B.2.a, above; public transportation and common carriers; fuel costs, registration fees and initial cost of insurance premiums
•	Job coaching/counseling services
•	Job search or relocation services
•	Preparation fees for developing a PASS (but not for monitoring a PASS)
•	Taxes and government-imposed user fees (e.g., permits, licenses) connected with obtaining any of the above
•	Finance and service charges connected with obtaining any of the above

Footnote 39:  Pub. L. No. 92–603, note 1, above, 1972 U.S. Code Cong. & Admin. News 4989, 5138; POMS SI 00870.001 A.
Footnote 40:  POMS SI 00870.025 B.5.g.

B.	General Rule: Approved PASS Expenses Must Be In Addition to Expenses Currently Incurred by the Person

The POMS state that the approved expense cannot “have existed before the individual began activities to achieve the occupational goal (which can predate submission of the PASS and SSI eligibility).” (Footnote Reference 41) The POMS invite at least three ways in which current expenses can be approved in a PASS that has not yet been submitted:

•	First, when submitting a PASS, the person may seek retroactive approval for up to 24 months back to the date the person began incurring this expense. (Footnote Reference 42) 
•	Second, an existing or ongoing expense can be approved prospectively so long as its earlier existence was related to “activities to achieve the occupational goal.” (Footnote Reference 43) 
•	Third, the POMS specifically allow “the increased costs for a pre-existing expense that are caused by the PASS.” (Footnote Reference 44) For example, ongoing car maintenance costs may have increased dramatically because of commuting costs to work or school.

Footnote 41:  POMS SI 00870.006 B.1.
Footnote 42:  POMS SI 00870.025 B.2.
Footnote 43:  POMS SI 00870.006 B.1.
Footnote 44:  Id.

Here again, the fall back position should be that any proposed expense should be analyzed using a “common sense approach,” approving any expense that is reasonable and necessary to allow the person to reach a point in his or her chosen career path that would generate enough earnings to meet all their expenses. (Footnote Reference 45) 

Footnote 45:  POMS SI 00870.006 A 1, .006 B.2. & 3, .025 A.2.

C.	Use the PASS to Supplement What Other Sources Can Fund

Other funding sources may exist for many of the items listed above. For example, the state vocational rehabilitation agency, VESID or the Commission for the Blind, may pay for tuition and books. A private insurance company or Medicaid may pay for durable medical equipment. Scholarships and grants may pay for tuition, books and other costs related to college or training.

The PASS should be used to supplement other funding sources, not as a substitute for them. For example, in Ann’s case VESID could, up to certain dollar limits, pay for tuition. In another case, VESID could help to pay for supplies to start a business. VESID, like most state vocational rehabilitation agencies will not pay to purchase or lease a vehicle, but could fund modifications to allow a person with a disability to drive it. Accordingly, in New York and most states the PASS can be used to purchase a vehicle and the state vocational rehabilitation agency money could then be used to pay for modifications. This of course makes a presumption of eligibility for vocational rehabilitation services and feasibility and viability of the plan to support her vocational objective.

A PASS is preferred over a loan, which a person has to repay. With many PASS applications however, a loan is secured to obtain the needed item and the PASS is used to pay off the loan subject, of course, to the rules governing installment payments. In Ann’s case, she should only go into debt through student loans after exhausting funding through VESID, the state TAP program, the federal PELL grant, other grants and scholarships, and the PASS. (Footnote Reference 46)

Footnote 46:  Pub. L. No. 103–296, § 203, 42 U.S.C. § 1383b(d).

VIII.	Time Limits for the PASS

The Social Security Act requires that the time limits for the PASS take into account the length of time that the individual needs to achieve a work goal. 

Under the current POMS, in all cases, a PASS can be approved for up to 36 or 48 months. The PASS proposal must specify beginning and ending dates. The new regulations only require that there be a beginning and end date to meet the employment goal. (Footnote Reference 47) Both the current regulations and POMS contemplate approval and progress reviews (see section VIII, below) that are tied to the achievement of milestones that must be listed in the written PASS.

Footnote 47:  20 C.F.R. § 416.1181 (a) 8 & (b).

A PASS may be extended beyond 36 or 48 months in intervals up to six months as necessary to allow the person to achieve his or her goal. (Footnote Reference 48) There is no limit on the number of six-month extensions. Until SSA conforms the POMS to the new regulations, a PASS may only be extended in intervals of up to six months.

Footnote 48:  POMS SI 00870.006 D.3.

IX.	Modifications to the PASS

A.	Amended Plans Are Allowed

An approved PASS may need to be amended. In one case, the cost of a computer may have increased and extra time is needed to save for it. In another case, a student who is blind may have forgotten to include the cost of readers.

Any number of amendments are allowed as long as SSA approves them. (Footnote Reference 49) It is best, of course, to anticipate everything at the beginning so that amendments are kept to a minimum. When amending a PASS, the SSA-545-BK form should be used unless the PASS specialist agrees to accept a short letter. The person preparing the PASS should write “Amendment” on the top of the form and complete only those items which are being amended.

Footnote 49:  POMS SI 00870.050.

B.	A Second PASS Is Allowed

A person is allowed one approved PASS for each occupational objective. If the earlier goal did not work out, a second, or in rare cases a third PASS application could be appropriate. The individual who had a prior PASS must satisfy SSA that there is good reason why he or she is not working in the job identified in the prior PASS and that a new PASS is needed. (Footnote Reference 50) 

Footnote 50:  POMS SI 00870.006 A.2.

C.	Suspension or Termination of the PASS

The PASS will be suspended when the plan is abandoned, the conditions of the plan are not followed, or the goal is achieved. A PASS will be terminated if SSA approves a new PASS application, eligibility for SSI is terminated, or 12 consecutive months elapse after a PASS is suspended without it being resumed. (Footnote Reference 51) 

Footnote 51:  POMS SI 00870.070 A. & B.

Income that was set aside under the PASS will start counting as of the suspension or termination month. Any resources or accumulated savings still in the PASS will start counting, under SSI’s resource rules, in the month following termination of the PASS. (Footnote Reference 52) 

Footnote 52:  POMS SI 00870.070 C.1. & C.2.

A person should always consider other alternatives before abandoning a PASS. If the person must drop out of school for one semester because the disability worsened, an amendment should be considered to extend the time by six or 12 months. If the college goal is now unrealistic, a new vocational goal can be established and a new PASS application submitted.

A suspended PASS may resume when the person resolves the reason for the suspension and the PASS specialist approves the request, including any amendment, to pursue the PASS. (Footnote Reference 53) 

Footnote 53:  POMS SI 00870.080.

X.	Progress Reviews

The “Progress Check” is to be used by the PASS specialist to quickly see how things are going and to help the person quickly remedy any potential problem. The POMS do not require any schedule for progress checks. (Footnote Reference 54)

Footnote 54:  POMS SI 00870.055 A.1.

The “Progress Review” is to be conducted at least annually. (Footnote Reference 55) The PASS specialist uses this to determine whether the PASS should continue as is, be amended, suspended or terminated. SSA must take into account:
•	Changes in income or other circumstances that might affect the PASS;
•	Whether the person has met plan milestones on schedule and, if not, why not;
•	Whether funds excluded under the PASS have been set aside and/or spent as agreed and, if not, why not.

Footnote 55:  POMS SI 00870.055 A.2.

The PASS specialist is to create and control a schedule of progress reviews based on relevant circumstances of each PASS, including:
•	Key milestones; and
•	Periods of six months or more during which funds are being set aside and not spent.

When SSA learns during a progress review that a person is not following the plan, the PASS specialist is expected to make every effort to work with the person to amend the PASS, “particularly if failure to follow the PASS is due to circumstances beyond the person’s control.” (Footnote Reference 56) The current POMS expect the PASS specialist to be proactive to ensure that the person has every opportunity to reach the work goal that is the foundation of their PASS. For example, if the person is working in the work goal and PASS expenses are paid, the specialist is to suspend the PASS and consider the appropriateness of alternative exclusions, such as an impairment related work expense. If the person is working but the expenses are not all paid, the specialist is expected to extend the PASS to pay for unpaid items and services if the person is unable to pay for the remaining PASS expenses as well as other personal expenses. (Footnote Reference 57) 

Footnote 56:  POMS SI 00870.055 C.1.b.
Footnote 57:  POMS SI 00870.055 C.2.a.

In anticipation of progress reviews, the beneficiary must have receipts, bills, bank accounts, and other documentation in an organized fashion and be ready to discuss the activities related to achieving the work goal.

XI.	Most Likely Candidates for a PASS

Since the PASS consists of income and resource exclusion rules used by the SSI program, a person must have countable income and/or resources, other than the SSI benefit check, to make the PASS application feasible.

A.	Persons with Significant Unearned Income

Unearned income is income other than wages. SSDI benefits, private pension benefits and Department of Veterans Affairs benefits are common sources of unearned income.

In New York a person who lives alone and receives $781 in SSDI benefits will not be eligible for SSI. After the first $20 of unearned income is excluded, this person will have $761 in countable income making him or her ineligible for SSI. Using the PASS, every dollar this person sets aside in an approved PASS to support a vocational goal will result in a one dollar increase in the SSI check. Here are two examples:

Example 1: Shirley is blind and receives $781 monthly in SSDI and lives alone. She sets aside $200 monthly in a PASS to purchase a computer and braille printer for a home-based business. Her countable income — reduced by $20 by the unearned income exclusion and $200 by the PASS exclusion — is now $561 monthly. Her SSI check is now $200 per month ($761 - 561 = $200).

Example 2: Same facts. However, she now sets aside $761 each month. Her countable income is now reduced to $0 and she is eligible for a $761 SSI check.

In example 2, Shirley has put all of her countable income into the PASS. This is typically the way to proceed as it allows her to obtain the highest level of SSI and purchase her computer and Braille printer at the earliest date possible.

B.	Persons with Significant Earnings

Under SSI rules, the first $65 or $85 of earned income and 50 percent of the remainder is disregarded. (Footnote Reference 58) Consider Greg, an Albany, New York resident who lives alone and receives $761 in SSI benefits. If Greg goes to work and earns $1,607 in gross wages, his countable income of $761 will make him ineligible for SSI. In a state which does not supplement the SSI Federal Benefit Rate (FBR) of $674 monthly, $1,433 in gross wages would make the person ineligible for SSI. 

Footnote 58:  20 C.F.R. §§ 416.1112(c)(4), (c)(5) and (c)(7). The $20 unearned income disregard, if not used to reduce unearned income, will be used to reduce earned income.

This amount of wages is often referred to as the “break even” point, since countable earned income is exactly equal to the maximum SSI rate.
Like Shirley, Greg will receive a one-dollar SSI increase for every dollar put into the PASS. For example, here is what his SSI budget would look like if he set aside $200 monthly to pay for a driver to take him to college:

Gross wage $1,607
Subtract Earned income disregard of $65
Subtract Unearned income disregard not otherwise used of $20
Equals $1,522

Minus 50 percent of remainder $761
Equals Countable earned income of $761

Subtract PASS exclusion $200
Equals Countable income of $561

Base SSI rate is $761
Minus countable income of $561
Equals SSI check of $200

Under these facts, if he set aside an additional $561 for college tuition, Greg’s countable income would be reduced to $0 and he would qualify for the maximum $761 SSI check.

C.	Persons with Significant Resources

Under SSI rules, a person can have no more than $2,000 in non-exempt resources. (Footnote Reference 59) Resources above $2,000 can be put into the PASS to ensure eligibility for SSI. For example, a person who is awarded $25,000 in a personal injury settlement could place this money into an approved PASS to save toward the expense of college studies or the purchase of tools to become a mechanic, making this resource exempt for SSI purposes.

Footnote 59:  20 C.F.R. § 416.1205.

D.	Persons with Deemed Income from a Spouse or Parent

A spouse or child of a wage earner, who receives deemed income from a spouse or a parent, could be eligible for a PASS by excluding the deemed income. (Footnote Reference 60) For example, Maria is disabled and uses a wheelchair. She is 16 years old and lives with her mother and 12-year-old brother who does not have a disability. She was getting a $697 SSI check (New York’s 2009 living with others rate) until her mother went to work. Her countable deemed income is now $747, or $50 more that the 2009 living with others rate. Under SSI’s formula for deeming income from a parent or stepparent, the mother’s gross monthly wages would be $1,810.01 in this situation ($21,720.12 per year). 

Footnote 60:  POMS SI 01320.140, .710 A.

A PASS is proposed to put $747 of the mother’s monthly wage into an account to save for a van to allow Maria to attend college to become an engineer. If the PASS is approved, the deemed income will no longer be counted by SSI and Maria will qualify once again for a $697 SSI check. She will also remain qualified for Medicaid in most states. If Maria saves this amount each month for two full years, or until deeming stops on her 18th birthday, she will be able to save more than $18,000 in her PASS fund.

E.	Persons Who Receive In-Kind Support and Maintenance 

A little-known provision of the POMS specifically authorizes a person to take in-kind support and maintenance, which is valued and counted as unearned income under the presumed maximum value (PMV) rule, (Footnote Reference 61) and use that money in the PASS for approved expenses. (Footnote Reference 62) For example, SSA may reduce an individual’s SSI check below the full SSI FBR because he or she is not paying the full share of food or housing expenses. If SSA has valued this in-kind income at $100 per month, the person’s SSI check would be reduced from $674 to $574 per month (plus state supplement, if any). This $100 of in-kind, unearned income could be set aside in a PASS to pay for expenses in a PASS. If the PASS were approved on that basis, the person’s SSI check would increase by $100.

Footnote 61:  See POMS SI 00835.300 for information about the PMV.
Footnote 62:  Id. SI 00870.008 A.3.

Many adult children, who live with their parents, will receive a decreased SSI check amount under the PMV rule because their expected share of household expenses (e.g., rent or mortgage, taxes, utilities, and food) is so high the individual could not possibly pay the shared amount out of an SSI check. In some cases, the in-kind income attributed to the adult child under this rule will be as high as one-third of the FBR or $225 in 2009. In such a case, this $225 could be used in an approved PASS toward expenses to reach a vocational goal. Thus, the SSI check would then be increased by $225.

XII.	The PASS Application Packet: Items Generally Submitted with a PASS Proposal

Although there is a specified form for a PASS application, it is always best to assemble a packet of materials to show SSA the proposal is well conceived, feasible, viable and should be approved. What follows is a list of items the authors recommend submitting with the PASS proposal.

A.	Before the PASS Application Submission: A Letter of Intent from the Individual or Advocate

Although this may not always be needed, it can be a good idea. Generally, this would come from the advocate and would be a brief letter to the PASS Cadre or, preferably, to the PASS specialist whom you know will be assigned to the case. The letter should include the beneficiary’s name, address, Social Security number, projected date of the PASS submission, and a brief summary of what the PASS will involve. In some cases, a phone conversation with the PASS specialist may suffice. 

If the PASS application will be complicated or controversial, this will open up the lines of communication. A follow-up phone call can then be used to establish a rapport with the PASS specialist who will rule on this PASS application.

If the individual is not already receiving SSI cash benefits or extended Medicaid through the 1619(b) program, the purpose of this communication is to secure a “protected filing date” to ensure that the PASS approval (and the accompanying SSI application approval) can be back-dated to the date that the letter of intent was received (see section X.E, below).

B.	Cover Letter from Advocate

This can be anything from one paragraph to several pages. It is the advocate’s opportunity to anticipate issues and address them ahead of time. If the PASS application is complicated or unusual, this is the opportunity to explain things. (Footnote Reference 63) 

Footnote 63:  See Sample Letter from Advocacy, p. 42 below.

C.	Letter from Applicant/Person with Disability

The applicant should use this letter to supplement what appears in the completed PASS application. This is an opportunity to zero in on one or more issues that may raise questions with SSA. The advocate should, of course, help in writing this letter.

Depending on the circumstances, this could be viewed as an opportunity to breathe some real life into the PASS application. The applicant can explain, in his or her own words, how the PASS is expected to fill in the missing link on the route to independence and self-support. With these issues in mind, this letter may carry more weight if it is hand-written.

D.	Completed SSI Application

If the person is already an SSI recipient, a new application is not needed. If the person is not currently an SSI recipient (e.g., receives SSDI only), an SSI application must be completed.

As noted above, if the individual must submit an SSI application with the PASS proposal, a letter of intent should be submitted to the PASS Cadre at the earliest possible date to preserve up to 60 days of retroactive eligibility. The letter should explain that this is the reason the letter is being sent and that the PASS application and completed SSI application will follow within 60 days.

E.	Letter of Support from Vocational Counselor (Footnote Reference 64) 

If the individual is working with a vocational rehabilitation (VR) agency, a letter from his or her VR counselor is important. The counselor can explain, as a VR expert, that the work goal is appropriate and confirm the need for items proposed in the PASS. Since the PASS specialist who rules on the proposed PASS is not a VR expert, it is difficult for him or her to second-guess the expert’s opinion. You may wish to refer your client or consumer to the state VR agency if that has not already been done. This may help your client obtain additional funding toward the vocational goal and provide the needed expert opinion.

Footnote 64:  See Sample Letter from Rehabilitation Counselor, p. 41 below.

F.	The Proposed PASS

SSA’s PASS application form covers all the issues SSA must address to approve the PASS. With the form, it is not enough to state that $10,000 must be saved to purchase a van or $6,000 spent to establish a home office. If a vehicle is to be purchased, you should obtain an invoice showing make, model, and its cost including sales tax. If a home office is to be established, make a list of the various items needed and their cost. When possible, obtain estimates for the items to be purchased. If written estimates are not available, explain how the cost was determined.

A detailed spending plan serves two purposes. First, it shows SSA the person is organized and knows what is needed to achieve the goal. Second, it forces the PASS applicant to plan for the future.

G.	The PASS Budgeting Form (Footnote Reference 65) 

The authors believe a PASS budgeting form, something that does not appear in the PASS application form, should be submitted with the PASS application. The budget form shows how income, otherwise countable under SSI rules, is excluded when set aside for PASS expenses. The SSI budget also allows your client or consumer to see how the PASS, if approved, will affect him or her financially. As noted below, after the PASS is approved the individual needs enough disposable income for living expenses or the PASS is not realistic.

Footnote 65:  See PASS Budget Form on p. 40 below.

XIII.	Other Considerations Related to the PASS

A.	Are the Proposed Expenditures Reasonable?

A good rule to follow is this: “Don’t ask for a top-of-the-line brand name if a generic brand will do.” If the proposed PASS includes luxury-type items, such as air conditioning for a vehicle, explain their necessity in a cover letter or on the PASS application. For example, some conditions, such as multiple sclerosis, may be exacerbated by extremes of heat. In that case, it would be helpful to ask the person’s physician to write a letter stating that air conditioning is a necessity.

B.	Will the Person Have Enough Disposable Income to Meet Monthly Expenses After the PASS is Approved?

Since the income excluded must be used for the purposes defined by the PASS, the person must be prepared to live on the disposable income, which remains. Unfortunately, there are some instances in which a PASS is not realistic because it will reduce disposable income to a level that is too low. The PASS application requires the applicant to demonstrate the ability to live on the income that remains after the PASS exclusions are set aside or used for the purposes, set forth in the approved PASS. (Footnote Reference 66) 

Footnote 66:  See Form SSA-545-BKE.

Here are a few examples:

Example 1: Joe receives $791 monthly in SSDI and puts $761 of it into a PASS, thereby receiving $761 in SSI. Since the first $20 of SSDI is disregarded, Joe has $0 in countable income after putting $761 into the PASS. Accordingly, he is entitled to the maximum $761 SSI check in 2009 for a New Yorker who lives alone. Joe had $791 in disposable income before and has $781 in disposable income after the PASS is approved. His disposable income includes the $20 of SSDI that was disregarded and the $761 SSI check.

Since Joe will only lose $10 in disposable income, the PASS should be realistic.

Example 2: Mary receives $1,120 monthly in SSDI and puts $1,100 of it into a PASS, thereby receiving $761 in SSI. Mary had $1,120 in disposable income before and has $781 in disposable income after the PASS is approved.

Mary will lose $339 in disposable income. Unless she is prepared to live on $781 monthly, the PASS will not be realistic for her. NOTE: Other factors could enter the picture to make the PASS realistic despite the apparent loss in disposable income. For example, if Mary was paying a $333 monthly spend down to obtain Medicaid coverage (Footnote Reference 67) and could obtain automatic, cost-free Medicaid through an approved PASS, this could make the PASS realistic. Mary might also look into a loan to bridge the gap created by putting this much money into the PASS, keeping in mind that with the PASS the loan amount would be less than required if there was no PASS.

Footnote 67:  This would be based on New York’s 2009 medically needy or spend down eligibility level of $767 for a household of one. With her countable income reduced by $20 ($1,120 – $20), Mary would face a $333 per month spend down to obtain Medicaid ($1,100 – $767).

Example 3: Same facts as #2. Now, however, Mary is about to start work earning $865 per month and wants to put all of her countable income into her PASS.

Here is how her PASS would work:
•	$20 is ordinarily excluded from unearned income, so $1,100 of the SSDI is put into the PASS.
•	$65 plus one half the remainder or $465 is ordinarily excluded from earned income, so $400 of her wages is put into the PASS.
•	Before going to work, and before the PASS Mary had $1,120 in disposable income. She now has $20 + $465 + $761 = $1,246 in disposable income after going to work and having the PASS approved.

Under these facts Mary will gain $126 in disposable income, by timing the PASS with the start of her job, making the PASS highly desirable for her.

Before you take the time to complete a PASS application, always consider this issue of disposable income. Many advocates and beneficiaries have invested hours of their time only to find out the PASS was not realistic because the person would be left with insufficient disposable income. Worse yet, some PASS applications have been unsuccessful because the person used some of the money that had to go into the PASS, since they did not have enough money to meet living expenses. For these reasons, the beneficiary and advocate must always thoroughly review the issue of disposable income.

C.	How Will the PASS Affect Other Benefits?

1.	Medicaid

a.	Medicaid Eligibility from the PASS Itself

In New York, 38 other states, the District of Columbia, and the Northern Mariana Islands, Medicaid eligibility is automatic for SSI beneficiaries. (Footnote Reference 68) Thus, an approved PASS will ensure Medicaid coverage at no cost to the recipient. In the other 11 states, known as section 209(b) states, Medicaid eligibility is determined under separate criteria. (Footnote Reference 69) The states which exercise the section 209(b) option include: Connecticut, Hawaii, Illinois, Indiana, Minnesota, Missouri, New Hampshire, North Dakota, Ohio, Oklahoma, and Virginia. (Footnote Reference 70) 

Footnote 68:  42 U.S.C. § 1396a(a)(10)(A)(i).
Footnote 69:  42 U.S.C. § 1396a(f).
Footnote 70:  POMS SI 01715.020.

Will income and resources excluded by SSI under an approved PASS also be excluded by Medicaid in a section 209(b) state? This may vary state-by-state. The 209(b) option allows states to apply Medicaid criteria which is more restrictive than federal SSI criteria if the more restrictive criteria was in place in 1972. (Footnote Reference 71) The U.S. Court of Appeals for the Seventh Circuit has held that the State of Indiana could, pursuant to the 209(b) option, disregard income and resources excluded under an approved SSI PASS only for blind Medicaid recipients and not for sighted recipients. That decision, Vaughn v. Sullivan, held that Indiana’s disparate treatment of PASS-generated income and resources does not violate the federal Medicaid Act, section 504 of the Rehabilitation Act, the Americans with Disabilities Act, or the U.S. Constitution’s Equal Protection Clause. (Footnote Reference 72) 

Footnote 71:  42 U.S.C. § 1396a(f).
Footnote 72:  Vaughn v. Sullivan, 83 F.3d 907 (7th Cir. 1996).

b.	Linkage to 1619(b) Medicaid Through the PASS

The PASS may also guarantee linkage to what is known as section 1619(b) Medicaid. (Footnote Reference 73) Under section 1619(b), a former SSI recipient who loses SSI cash benefits due to increased earnings may continue receiving Medicaid indefinitely if certain criteria are met. Since a person cannot qualify for section 1619(b) unless he or she has received SSI in the past, the PASS, by creating eligibility for SSI, creates the potential for section 1619(b) Medicaid eligibility.

Footnote 73:  42 U.S.C. § 1382h; POMS SI 02302.001 et seq. For a detailed explanation of section 1619(b), see our inaugural issue of the newsletter, Working, available at www.NYMAKESWORKPAY.ORG

Here is an example:

Paul is physically disabled and depends on Medicaid-funded home health aides 30 hours per week. He receives $887 per month in SSDI and pays a $100 spend down monthly to receive Medicaid coverage. (Footnote Reference 74) Despite his disability, he is about to graduate from college and start a job making $24,000 per year. He cannot get to and from work without a specially modified van.

Footnote 74:  See 42 U.S.C. § 1396a(a)(17); 42 C.F.R. § 435.831(d). Under optional spend down rules, in operation in about three fourths of the states, a Medicaid recipient is responsible for medical costs equal to his or her excess countable income based on the state’s threshold for Medicaid eligibility. The example uses New York’s 2009 monthly eligibility threshold of $767 for a household of one.

Paul uses a PASS to set aside SSDI and wages, allowing him to purchase a modified van. By doing this, he qualifies for SSI and also Medicaid without a spend-down. Twelve months after starting work, Paul loses his SSDI under substantial gainful activity rules and continues to put wages into the PASS. (Footnote Reference 75) Later when the PASS ends, he will qualify for continued Medicaid under section 1619(b) because he will be an SSI recipient who lost SSI due to excess earnings. In New York State, which has a 1619(b) eligibility threshold of $43,421 in 2009, Paul should be eligible for continued Medicaid eligibility when his PASS ends and SSI is terminated. In nearly all states, Paul would meet the financial threshold test for section 1619(b) with annual earned income of $24,000. (Footnote Reference 76) 

Footnote 75:  See discussion of substantial gainful activity rules and trial work period in section XI.D.
Footnote 76:  POMS SI 02302.200 A.

Had Paul not used the PASS he could not have qualified for section 1619(b) Medicaid. Without Medicaid, Paul could not afford to work since his home health care costs would probably exceed $10,000 per year. Home health services, including personal care services and private duty nursing services are covered by New York’s Medicaid program for adults. (Footnote Reference 77)

Footnote 77:  Both nursing services and home health aide services are required to be offered by states to individuals who qualify for home health services under 42 C.F.R. § 440.70. States, at their own option, may also provide home health services under several other service categories. See, e.g., 42 C.F.R. §§ 440.80 (private duty nursing) and 440.170(f) (personal care services).

For persons with high medical costs, the use of the PASS as a way to link up with section 1619(b) Medicaid can be a lifesaver. Without section 1619(b), many individuals like Paul will choose not to work rather than risk losing Medicaid benefits.

Since July 2003, New York has had a Medicaid Buy-In for Working Persons with Disabilities program. If Paul had not been able to access section 1619(b) following the end of his PASS, this optional Medicaid Buy-In program could offer a continuing source of Medicaid coverage for him. (Footnote Reference 78) As of January 2009, the Medicaid Buy-In was offered in more than 40 states.

Footnote 78:  See the initial issue of our Working newsletter, note 74 above, for detailed summary of New York’s Medicaid Buy-In for Working People with Disabilities.

2.	Government Rental Subsidies

Under the traditional Section 8 housing program (i.e., tenant-based and project-based), income excluded under an approved PASS will not be counted as income in determining the Section 8 rent payment. (Footnote Reference 79) Similar provisions apply in the new Housing Choice Voucher Program, a program that is replacing the tenant-based Section 8 program (sometimes called the Section 8 certificate program). (Footnote Reference 80) 

Footnote 79:  24 C.F.R. § 5.609(c)(8)(ii).
Footnote 80:  U.S. Department of Housing and Urban Development, Housing Choice Voucher Guidebook, Chap. 5, Exhibit 5–2.

3.	Food Stamps

Under the federal Food Stamp law and regulations, income and resources put into a PASS will not be counted as income or resources by the Food Stamp Program. (Footnote Reference 81) 

Footnote 81:  7 U.S.C. §§ 2014(d)(15) & (g); 7 C.F.R. § 273.9(c)(16).

4.	Assistance from the State Vocational Rehabilitation Agency
All states will have a state VR agency or agencies. Your state VR agency may be able to pay for things like tuition, books, transportation, training, and job coach services. An individual should first obtain whatever help is available from the state VR agency before looking to the PASS. The PASS should only be used to supplement the various benefits available from these sources. Student loans and other indebtedness should only be considered after exhausting resources available through the state VR agency, other grant programs, and the PASS.

D.	The Effect of SSDI’s Trial Work Period and Extended Period of Eligibility Rules Upon the PASS

1.	The TWP and EPE Explained

The trial work period (TWP) is a nine-month period during which the SSDI recipient may test his or her ability to work, without losing benefits. (Footnote Reference 82) During the TWP the SSDI recipient will be allowed to keep both paycheck and disability check, no matter how high the paycheck is. After nine months of trial work, if earnings are below the substantial gainful activity (SGA) level — $980 gross monthly in 2009 (or $1640 for individuals who are legally blind) — the SSDI will not be affected. If earnings are above the SGA amount, SSDI will be continued for a three-month grace period and then subject to the extended period of eligibility rules.

Footnote 82:  42 U.S.C. § 20 C.F.R. § 404.1592.

Following the ninth trial work month, the SSDI beneficiary enters a 36-month extended period of eligibility (EPE). During this 36-month period, the individual will get a benefit check for each month that gross earnings, after certain deductions, are less than the SGA amount. Following the initial month of SGA during this period, the individual will be entitled to continued benefits during a three-month grace period. Thereafter, and for the remainder of the 36-month EPE, the individual retains benefits when countable wages are below the SGA amount and loses benefits for months when countable wages are above the SGA amount.

2.	Planning for the Impact of the TWP and EPE; Contrasting SSI’s Section 1619(a) Provisions

The effect of the TWP and EPE rules on the SSDI beneficiary must be considered in planning for the PASS. If this person will work and earn more than the monthly SGA amount, we must assume that SSDI benefits will be terminated after 12 months — i.e., after nine months plus a three-month grace period (even sooner if the person has previously used up TWP months).

Under what are known as the section 1619(a) provisions, (Footnote Reference 83) the SGA rule does not apply to SSI beneficiaries. This means that a person who is receiving both SSDI and SSI will see SSI continue after the TWP ends. 

Footnote 83:  42 U.S.C. § 1382h; 20 C.F.R. §§ 416.261 et seq.

Here is an example of how this would work:

Sharon is disabled, receives $781 in SSDI benefits, and has not previously used any TWP months. In September 2009 a PASS is approved to pay for school and a vehicle with hand controls. She puts $761 into the PASS and receives a $761 SSI check. 

In June 2011 she graduates and in July 2011 starts a job making $1,265 monthly (assume that will be more than the 2011 SGA level). She amends her PASS to set aside an additional $600 into the PASS, the amount of her countable earned income. SSI benefits will continue at $761 monthly (or a higher amount based on annual cost of living increases) if the PASS is approved. 

Assuming that July 2011 is her first TWP month, she will continue receiving SSDI benefits through June 2012 (nine months plus a three-month grace period). The SSDI benefits will be terminated effective July 2012. Now the only income she will set aside in the PASS is the $600 of countable earned income.

This example assumes that Sharon will need her PASS to continue, after graduation, to meet all reasonable expenses to achieve her vocational goal.

Sharon’s example is very common among college students who will lose SSDI benefits within 12 months of starting work following graduation. The benefits and work incentives practitioner must work with Sharon during college to monitor her TWP and project what money, in the form of SSDI benefits, will be available to put into the PASS if it is to continue following graduation.

E.	Timing the PASS Application to Take Advantage of Section 1619(a)

As noted above, the SGA rule does not apply to SSI beneficiaries. The SGA rule does, however, apply to SSI applicants. This means that Sharon, in the last example, would have been denied SSI benefits had she applied for them after she started her job. If an SSI applicant is performing SGA at the time of application, the application will be denied.

Here is a strategy tip individuals must follow. If a person receives SSDI only, the PASS proposal must be submitted before the individual starts working and earning above the SGA level. Although there may be arguments that one or two months of income at the SGA level should not be enough to deny the SSI application, the safe course of action is to anticipate the job starting and submit the PASS application ahead of time. If the PASS cannot be submitted before work starts, at least send a letter to SSA indicating your intent to submit a PASS at a later date, seeking retroactive approval. A PASS can have retroactive effect if the individual was involved in the elements of the plan (e.g., saving money, making expenditures) prior to reducing it to writing. For retrospective monthly accounting purposes, since an exclusion of income will not increase the SSI check for one or two months, the first month of a PASS can be made retroactive for two months if there is no alternative source of funds to begin operation of the PASS. (Footnote Reference 84) 

Footnote 84:  POMS SI 00870.007 B.2 & 4.

In the last example, Sharon guarantees her SSI eligibility by submitting her PASS application and setting aside her SSDI checks before she starts work. When the PASS ends, she will probably qualify for continued Medicaid under the section 1619(b) program because at the end of the PASS her SSI will be discontinued due to countable wages. (Footnote Reference 85) Thus, the PASS has provided her access to section 1619(b) Medicaid — a benefit she would not be eligible for without some prior receipt of SSI.

Footnote 85:  POMS SI 02302.030 B.

1.	The Medicaid Buy-In as an Alternative to 1619(b)

Since July 2003, New Yorkers with disabilities have been able to access long-term Medicaid through the Medicaid Buy-In for Working Persons with Disabilities. In some cases, an individual whose only income comes from wages can earn as much as $53,000 and remain Medicaid eligible. Sharon and her benefits planner can look at the relative merits of 1619(b) versus the Medicaid Buy-In as she plans for health insurance needs when she starts working. (Footnote Reference 86) 

Footnote 86:  For more information on the Medicaid Buy-In for Working People with Disabilities, see the inaugural issue of the newsletter Working, available at www.NYMAKESWORKPAY.ORG

A note of caution: Under an SSA policy that was sustained by the U.S. Supreme Court in the Barnhart v. Walton case (Footnote Reference 87) work performed within 12 months of the onset of a person’s disability could result in the denial of an application for SSI benefits or the rescission of an approval already issued. While a complete discussion of this policy is beyond the scope of this article, this issue should be considered when the PASS applicant is expected to work at the SGA level within 12 months of the SSI application date. In most cases this should not be an issue, as the person should be able to show that the disability existed for at least 12 months before the SSI application date. A good summary of this policy appears in the Winter 2002 issue of The Benefits Planner newsletter. (Footnote Reference 88) 

Footnote 87:  535 U.S. 212 (2002).
Footnote 88:  This newsletter is available on the Neighborhood Legal Services website at www.nls.org/planner/winter02.htm

F.	What if the Beneficiary Medically Improves After the PASS Is Approved?

All of the discussion in this article assumes that the individual seeking the PASS has a continuing disability. Generally, if the individual ceases to be disabled, he or she will no longer qualify for SSI and the rest of this article becomes academic. There is one exception based on what are known as the section 301 provisions.

All SSI and SSDI beneficiaries will have their cases reviewed periodically to determine whether they are still disabled. This will probably occur no more frequently than every three years. (Footnote Reference 89) When this review occurs, the fact that a PASS has been approved will not affect the decision on whether there is a continuing disability. However, pursuant to section 301, both SSI and SSDI benefits could continue after the finding of medical improvement.

Footnote 89:  42 U.S.C. § 421(i); 20 C.F.R. § 404.1590(d).

Section 301, enacted as section 301 of the Social Security Amendments of 1980, (Footnote Reference 90) allows continued benefits for an SSI or SSDI beneficiary who is found to have medically improved following a continuing disability review or to be not disabled following an age 18 redetermination (in the case of SSI), if the improvement occurred after the start of an approved VR program. (Footnote Reference 91) Using the example of Sharon again, if she was found to have medically improved during her second year of a four-year college program, sponsored by her state VR program, this probably means that both her SSI and SSDI benefits would continue for the remainder of the college program, allowing her PASS to continue as well.

Footnote 90:  Pub. L. No. 96–265, § 301, 94 Stat. 441.
Footnote 91:  20 U.S.C. §§ 425(b), 1383(c)(6); 20 C.F.R. §§ 404.316(c), 416.1338; POMS DI 13515.001 et seq.

G.	If the PASS Is Denied — the Right to Appeal

If the PASS proposal is denied, the applicant has a right to appeal. The first appeal will be a reconsideration. (Footnote Reference 92) The POMS provides instructions for processing a reconsideration appeal on PASS issues. (Footnote Reference 93) The individual seeking reconsideration may request either a case review (i.e., a paper review) or an informal conference, which may be either by telephone or in-person. If either a case review or informal conference by telephone is held, the decision maker will come from the team of PASS specialists. If the individual insists on a face-to-face conference, a member of the SSA field office staff will be assigned to conduct the conference and render a decision. The face-to-face conference may sometimes be preferred, as it will allow much more leeway for give and take communication.

Footnote 92:  20 C.F.R. §§ 416.1407 et seq.
Footnote 93:  POMS DI 60070.300.

If the PASS application is denied on reconsideration, a hearing may then be requested. (Footnote Reference 94) Subsequent appeals are to the Social Security Appeals Council and to the United States District Court. (Footnote Reference 95) 

Footnote 94:  20 C.F.R. §§ 416.1429 et seq.
Footnote 95:  20 C.F.R. §§ 416.1467 et seq. and 416.1481.

XIV.	Conclusion

It is hoped that this policy-to-practice brief will stimulate many readers to now look to the PASS as an important tool that is available to help individuals with disabilities on the road to self-supporting employment. The authors have attempted to cover the subject as thoroughly as possible, providing practical examples to aid in understanding. There are many issues, however, that could not be covered in the short space allotted to this brief. For example, we did not discuss the possibility of two or more persons joining forces and using the PASS to start a partnership or larger business. Imagine the start-up money, which could be generated if four individuals set aside $500 monthly in a PASS toward the formation of a business.

Assisting a person with a disability in the formulation of a PASS application can be very rewarding, but it is a bit different from most of the benefits and work incentives planning that is typically done within a WIPA or similar project. If you assist in the preparation of a PASS application, in some cases you must also be prepared to discuss the availability of other sources of government assistance (e.g., VESID funding, educational loans and grants) and the effect that the PASS may have upon eligibility for various governmental benefits (e.g., public and subsidized housing, food stamps, etc.). In short, one must be willing, to some degree, to serve the role of a benefits and work incentives planner and manager.


PASS EXAMPLE:  ANN LEMBKE

Case Scenario
Ann is 19 years old and a high school senior.

Disability:
Spinal cord injured.  Paralyzed from waist down, with limited use of arms, hands and fingers.  Cannot use public transportation; cannot effectively use conventional automobile.

Occupational Objective:
Elementary education teacher

Education Program:
Ms. Lembke will begin a four-year college program in September 2009 to become an elementary education teacher.

Anticipated Income:
When college commences, she will have $850.00 in Social Security Disability Insurance (SSDI) benefits.

Funding Needs:
Ms. Lembke will graduate from high school in June 2009 and has no money saved for college.  She will attend Lake Erie University where the tuition is $4,400 per semester.  New York VESID will pay $2,000 per semester of her tuition (or the current state tuition rate) and Ms. Lembke must pay the rest.

Ms. Lembke would also like to purchase a van, modified for her use as a wheelchair user.  The van will cost $21,200 and the modifications will cost $19,000.  VESID has agreed to pay for the van modifications.  She will also need $1,000 for a laptop computer and $200 for a printer.

Problem:
Based on present expenses, Ms. Lembke cannot afford the extra $2,400 per semester for tuition and cannot afford to set money aside for a van.  How could she use a Plan For Achieving Self Support to set aside money for the van, the computer and printer, cover unmet college expenses and thus, qualify for SSI?

Assume that school will continue through May 2013.


PASS BUDGETING FORM

SSI Budget:  Ann Lembke

Total Income
$850 Unearned (SSDI benefits)
$0 Earned

Total Expenses for PASS
$830 Per month from SSDI benefits

SSI Calculation
$850 Unearned income
Minus $20 Unearned income exclusion
Equals $830
Subtract $830 PASS exclusion
Equals Countable Income $0
$697 Base SSI rate (New York, “living with others”)
Minus $0 Countable income
Equals $697 Total SSI check

Disposable Income Analysis
$850 Before PASS

$717 After PASS ($697 SSI check + $20 excluded from SSDI)

Net Loss in Disposable Income
$133 (Since monthly living expenses are $680 the PASS is feasible for Ms. Lembke.  Also, remember that she will qualify for Medicaid automatcally in New York State as an SSI recipient.  Without SSI, she would have a $63 spend down each month to obtain Medicaid.)


SAMPLE LETTER FROM REHABILITATION COUNSELOR

Social Security Administration
etc.

Dear Ms. (or Mr.):

I am writing on behalf of Ann Lembke, a 19 year old high school senior.  Please accept this letter as support for Ms. Lembke’s Plan for Achieving Self Support (PASS).

I am employed by the New York Office of Vocational and Educational Services to Individuals with Disabilities (VESID).  I have been Ms. Lembke’s rehabilitation counselor since January 2009.  DVR has agreed to sponsor Ms. Lembke through an approved Individual Plan of Employment (IPE) with a goal of Elementary Education Teacher.  I am fully familiar with Ms. Lembke’s academic record and with the extent of her disability and fully support her goal of becoming a teacher.

Under DVR’s IPE we will provide Ms. Lembke with funding for the following:
•	Four years of college tuition @ the applicable state tuition rate (currently $2,000 per semester)
•	Van modifications at a cost of $19,000
•	Transportation to and from the Lake Erie University campus by private carrier
•	A per semester allotment for books

VESID fully supports Ms. Lembke’s need for her own vehicle.  Since many teaching openings occur in the outlying suburbs and small towns, where there is not public transportation available, having her own van makes it more likely that she will find work.

We also support Ms. Lembke’s need to purchase a new van.  Based on VESID’s experience, we discourage our consumers from purchasing used vehicles if they are to be equipped with hydraulic lifts and other modifications for a wheelchair user.  We have found that there are fewer problems if these modifications are installed on a new vehicle.

Please call me at 000-0000 if you have any questions.

Sincerely,

Randy Rehab Counselor


SAMPLE LETTER FROM ADVOCATE

Social Security Administration
etc.

Dear Ms. (or Mr.)      :

This office represents Ann Lembke.
Enclosed please find the following documents in support of her Plan for Achieving Self Support (PASS):
•	Completed PASS application (form SSA-545)
•	Letter of Ann Lembke, PASS applicant
•	SSI application of Ann Lembke
•	Invoice showing current price of Dodge Caravan
•	Provisional letter of acceptance form Lake Erie University
•	Letter from Randy Rehab Counselor, Division of Vocational Rehabilitation

Ms. Lembke plans to use her PASS to save for the full purchase price of a Dodge Caravan which she will purchase in August 2013.  As Ms. Lembke explains in her letter, she would be unable to meet her monthly living expenses and make monthly payments for the van out of the $850 she receives in Social Security payments if she purchased the van sooner than August 2013 by making a down payment and taking out an installment loan.

I believe that the proposed PASS, as written, should be approved under current POMS criteria.  Please do not hesitate to call me at 000-0000 if you have any questions.

Very truly yours,


PLAN FOR ACHIEVING SELF SUPPORT
Social Security Administration
Form Approved OMB No. 0960-0559

Date Received:
In order to minimize recontacts or processing delays, please complete all questions and provide thorough explanations where requested. If you need additional space to answer any questions, use the Remarks section or a separate sheet of paper.

Name:  Ann Lembke
SSN:  000-00-0000

PART I — YOUR WORK GOAL

A.	What is your goal?  (Show the job you expect to have at the end of the plan.  Be as specific as possible.  If you cannot be specific, provide as much information as possible on the type of work you plan to do.  If you do not yet have a specific work goal and will be working with a vocational professional to find a suitable job match, show “VR Evaluation” and be sure to complete Part II, question F on page 4.)
Sample Answer:  Elementary Education Teacher

If your plan involves paying for job coaching, show the number of hours of job coaching you will receive when you begin working per week/month (circle one).
Show the number of hours of job coaching you expect to receive after the plan is completed. per week/month (circle one).

B.	Describe the duties and tasks you expect to perform in this job.  Be as specific as possible. 
Sample Answer:  I will be teaching elementary grade students in public school.

C.	How did you decide on this work goal and what makes this type of work attractive to you?
Sample Answer:  I love working with children.  I am paralyzed from the waist down, with limited use of arms, hands, and fingers.  With minimal help from a teachers aide I will be able to perform this job, according to my DVR counselor.

D.	Is a license required to perform this work goal? YES or NO
Sample Answer:  Yes
(If “YES,” include the steps you will follow to get a license in Part III.)

E.	How much do you expect to earn each week/month (gross) after your plan is completed? per week/month (circle one). Sample Answer: $2500 per month


Form SSA-545-BK (11/205) ef (11/2005) Page 1


PART I – YOUR WORK GOAL (Continued)

F.	If your work goal involves self-employment, explain why working for yourself will make you more self-supporting than working for someone else.
Sample Answer:  Not Applicable
IMPORTANT:  If you plan to start your own business, attach a detailed business plan.  The business plan must include:
the type of business
products or services to be offered by your business
the advertising plan
a description of the market for the business
technical assistance needed
tools, supplies, and equipment needed
a profit-and-loss projection for the duration of the PASS and at least one year beyond its completion
Also include a description of how you intend to make this business succeed.
For assistance in preparing a business plan, contact the Small Business Administration, Chamber of Commerce, local banks, or other business owners.

G.	Have you ever submitted a Plan for Achieving Self Support (PASS) to Social Security? YES or NO Sample Answer: No
If “NO,” skip to H.
If “YES,” was a PASS ever approved for you? YES or NO
If “NO,” skip to H.
If “YES,” when was your most recent plan approved (month/year)?
What was your work goal in that plan?
Did you complete that PASS?  YES or NO 
If “NO,” why weren’t you able to complete it?
If “YES,” why weren’t you able to become self-supporting?
Why do you believe that this new plan you are requesting will help you go to work?

H.	Have you assigned your “Ticket to Work?” YES or NO Sample Answer: No
If “YES,” show the name, address and telephone number of the person or organization it was assigned to.


Form SSA-545-BK (11/205) ef (11/2005) Page 2


PART II — MEDICAL/VOCATIONAL BACKGROUND

A.	List all your disabling illnesses, injuries, or conditions.
Sample Answer:  Spinal Cord Injury - Paralyzed from the waist down.

B.	Describe any limitations you have because of your disabilities (e.g., limited amount of standing or lifting, stooping, bending, or walking; difficulty concentrating; unable to work with other people, difficulty handling stress, etc.)  Be specific.
Sample Answer:  Paralyzed from waist down, with limited use of arms, hands, and fingers.  I use a wheelchair for mobility, have difficulty writing, and depend on others for bathing and dressing.

In light of the limitations you described, how will you carry out the duties of your work goal?
Sample Answer:  As long as I have a teacher’s aide or assistance, I will be able to carry out the duties of an elementary grade education teacher.

C.	List the jobs you have had most often in the past few years.  Also list any jobs, including volunteer work, which are similar to your work goal or which provided you with skills that may help you perform the work goal.  List the dates you worked in these jobs.  Identify periods of self-employment.  If you were in the Army, list your Military Occupational Specialty (MOS) code; for the Air Force, list your Air Force Specialty (AFSC) code; and for the Navy, Marine Corps, and Coast Guard, list your rank.
Job Title
Sample Answer: Playground Superintendent
Type of Business
Sample Answer:  N/A
Dates Worked
Sample Answer:  from 7/08 to 9/08


Form SSA-545-BK (11/205) ef (11/2005) Page 3


PART II — MEDICAL/VOCATIONAL BACKGROUND (Continued)

D.	Circle the highest grade of school completed.
0, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, GED or High School Equivalency
College:  1, 2, 3, 4, or more
Were you awarded a college or postgraduate degree? YES or NO
Sample Answer:  No
If “NO,” skip to E.
When did you graduate?
What type of degree did you receive? (AA, BA, BS, MBA, etc.) 
In what field of study?

E.	Have you completed any type of special job training, trade or vocational school?  YES or NO
Sample Answer:  No
If “NO,” skip to F.
If “YES,” complete the following:
Type of training
Date completed
Did you receive a certificate or license?  YES or NO
If “NO,” skip to F.
If “YES,” what kind of certificate or license did you receive?

F.	Have you ever had or expect to have a vocational evaluation or an Individualized Written Rehabilitation Plan (IWRP) or an Individualized Employment Plan (IEP)?  YES or NO
Sample Answer:  Yes
If “NO,” skip to G.
If “YES,” attach a copy of the evaluation.
If you cannot attach a copy, when were you evaluated (or when do you expect to be evaluated) and when was the IWRP or IEP done (or when do you expect it to be done?) 
Sample Answer:  Evaluated last year

Show the name, address, and phone number of the person or organization who evaluated you or will evaluate you and who prepared the IWRP or IEP or will prepare the IWRP or IEP.
Sample Answer:  Randy Smith, Rehabilitation Counselor
Address
Sample Answer:  DVR, 125 Main Street, Willowby, NY 00000
Telephone
Sample Answer:  000-000-000

G.	If you have a college degree or specialized training, and your plan includes additional education or training, explain why the education/training you already received is not sufficient to allow you to be self-supporting.
Sample Answer:  N/A


Form SSA-545-BK (11/205) ef (11/2005) Page 4


PART III — YOUR PLAN

I want my Plan to begin (month/year)
Sample Answer: July 2009
(This should be the date you started or will start working towards your work goal.)
and my Plan to end (month/year)
Sample Answer:  August 2013
(This should be the date you expect to start working in your job goal.)

List the sequential steps that you have taken or will take to reach your work goal starting with your begin date above and concluding with your expected end date above.  Be as specific as possible.  If you are or will be attending school, show the number of courses you will take each quarter/semester and attach a copy of the degree program or plan that shows the courses you will study.  Include the final steps to find a job once you have obtained the tools, education, services, etc., that you need.

STEP 1
Sample Answer:  Start saving towards PASS Expenses
BEGINNING DATE
Sample Answer:  July 2009
COMPLETION DATE
Sample Answer:  August 2013

STEP 2
Sample Answer:  Apply, get accepted, and register for College
BEGINNING DATE
Sample Answer:  January 2009
COMPLETION DATE
Sample Answer:  August 2009

STEP 3
Sample Answer:  Obtain High School Diploma
BEGINNING DATE
Sample Answer:  June 2009

STEP 4
Sample Answer:  Begin College, complete first year with minimum 2.0 average
BEGINNING DATE
Sample Answer:  September 2009
COMPLETION DATE
Sample Answer:  May 2010

STEP 5
Sample Answer:  Complete second year of college with minimum 2.0 average
BEGINNING DATE
Sample Answer:  September 2010
COMPLETION DATE
Sample Answer:  May 2011

STEP 6
Sample Answer:  Begin third year of course emphasis on elementary grade teacher major. Meet departmental requirements for credits and grades.
BEGINNING DATE
Sample Answer:  September 2011
COMPLETION DATE
Sample Answer:  May 2012

STEP 7
Sample Answer:  Begin fourth year of course emphasis on elementary grade teacher major. Meet departmental requirements for credits and grades.
BEGINNING DATE
Sample Answer:  September 2012
COMPLETION DATE
Sample Answer:  May 2013

STEP 8
Sample Answer:  Complete 1 full semester of student teaching
BEGINNING DATE
Sample Answer:  January 2013
COMPLETION DATE
Sample Answer:  May 2013

STEP 9
Sample Answer:  Obtain bachelor’s degree in elementary education
BEGINNING DATE
Sample Answer:  May 2013

STEP 10
Sample Answer:  Begin job search – prepare resume
BEGINNING DATE
Sample Answer:  January 2013

STEP 11
Sample Answer:  Attend driver training for wheelchair users
BEGINNING DATE
Sample Answer:  July 2013

STEP 12
Sample Answer:  Obtain driver’s license
BEGINNING DATE
Sample Answer:  August 2013

STEP 13
Sample Answer:  Purchase van
BEGINNING DATE
Sample Answer:  August 2013

STEP 14
Sample Answer:  Begin employment as elementary education teacher
BEGINNING DATE
Sample Answer:  September 2013


Form SSA-545-BK (11/205) ef (11/2005) Page 5


PART IV — EXPENSES

A.	Do you propose to purchase or lease a vehicle? YES or NO
Sample Answer:  Yes
If “NO,” skip to question B on page 7.
If “YES,” list the purchase or lease of the vehicle as one of the steps in Part III and complete the following: 

1.	Explain why less expensive forms of transportation (e.g., public transportation, cabs) will not allow you to reach your work goal.
Sample Answer:  I will be searching for work within a 30 mile radius of my home.  Public transportation is	 not consistently available.  I cannot take cabs.  Additionally, friends and/or relatives are not available to transport me.

2.	Do you currently have a valid driver’s license? YES or NO
Sample Answer:  No
If “YES,” skip to 3.
If “NO,” does Part III include the steps you will follow to get a driver’s license?  YES or NO
Sample Answer:  Yes
If “YES,” skip to 3.
If “NO,” who will drive the vehicle?
How will it be used to help you with your work goal?

3.	Do you already own a vehicle?  YES or NO
Sample Answer:  No
If “NO,” skip to 4.
If “YES,” explain why you need another vehicle to reach your work goal.

4.	Describe the type of vehicle you propose to purchase or lease:
Make
Sample Answer:  Dodge
Model
Sample Answer:  Caravan
Year
Sample Answer:  2013
Purchase Price
Sample Answer:  $28,000
OR Lease Price

5.	If the vehicle is new, explain why a used vehicle is not sufficient to meet your work goal.
Sample Answer:  I need a van than can be modified.  Purchase of a van that would be modified by VESID would guarantee reliable transportation for 8 years.


Form SSA-545-BK (11/205) ef (11/2005) Page 6


PART IV – EXPENSES (Continued)

B.	If you propose to purchase a computer or other major equipment, describe the computer and equipment you will purchase, including the cost for each item.
Sample Answer:  Dell Laptop Computer $1000 and suitable printer $200

C.	Do you already own a computer?  YES or NO
Sample Answer:  No
If “YES,” explain why you need another computer to reach your work goal.

D.	Please explain why you need the capabilities of the particular computer and/or equipment you identified:
Sample Answer:  This is the least expensive laptop I could find and I need a laptop so I can take it to school with me.  The printer is just a basic inkjet.

E.	Other than the items identified in A through D above, list the items or services you are buying or renting or will need to buy or rent in order to reach your work goal.  Be as specific as possible.  If schooling is an item, list tuition, fees, books, etc. as separate items.  List the cost for the entire length of time you will be in school.  Where applicable, include brand and model number of the item.  (Do not include expenses you were paying prior to the beginning of your plan; only expenses incurred since the beginning of your plan can be approved.)

NOTE:  Be sure that Part III shows when you will purchase these items or services or training.

Sample Answer:
1.	Item/service training College Training
	Total Cost $ 19,200
	Vendor provider Lake Erie University
	How will you pay for this item (one-time payment, installment or monthly payments)?
	I will owe $2,400 per semester after obtaining maximum funding from VESID.  VESID has agreed to pay $2,000 per semester toward $4,400 per semester tuition.  By saving up in PASS, I will make payments before every semester.
	How will this help you reach your work goal?
Without the appropriate college degree I will be unable to become a teacher.

2.	Item/service training
	Total Cost $
	Vendor provider 
	How will you pay for this item (one-time payment, installment or monthly payments)?
	How will this help you reach your work goal? 


Form SSA-545-BK (11/205) ef (11/2005) Page 7


PART IV – EXPENSES (Continued)

3.	Item/service training 
	Total Cost $ 
	Vendor provider 
	How will you pay for this item (one-time payment, installment or monthly payments)? 
	How will this help you reach your work goal? 

4.	Item/service training 
	Total Cost $ 
	Vendor provider 
	How will you pay for this item (one-time payment, installment or monthly payments)? 
	How will this help you reach your work goal? 

5.	Item/service training 
	Total Cost $ 
	Vendor provider 
	How will you pay for this item (one-time payment, installment or monthly payments)? 
	How will this help you reach your work goal? 

6.	Item/service training 
	Total Cost $ 
	Vendor provider 
	How will you pay for this item (one-time payment, installment or monthly payments)? 
	How will this help you reach your work goal? 


Form SSA-545-BK (11/205) ef (11/2005) Page 8


PART IV – EXPENSES (Continued)

F.	Will any of the items, services, or training costs be reimbursed to you or paid by any other source, person or organization?  YES or NO
Sample Answer: Yes
If “YES,” be sure to complete Part V, question F on page 11.

Current Living Expenses

G.	What are your current living expenses each month?
Sample Answer:  $680 per month
Include all living expenses:
Rent, Mortgage, Property Taxes
Property/Personal Insurance
Utilities, Phone, Cable, Internet
Food, Groceries
Automobile Gas, Repair and Maintenance, Public Transportation
Clothes, Personal Items, Laundry/Dry Cleaning
Medical, Dental, Prescriptions
Entertainment, Charity Contributions, etc.

H.	If the amount of income you will have available for living expenses after making payments or saving money for your plan is less than your current living expenses, explain how you will pay for your living expenses.
Sample Answer:
N/A I will make due on the SSI check ($697) plus the $20 unearned income disregard from my SSDI check.


Form SSA-545-BK (11/205) ef (11/2005) Page 9


PART V — FUNDING FOR WORK GOAL

A.	Do you plan to use any items you already own (e.g., equipment or property) to reach your work goal?  YES or NO
Sample Answer:  No
If “NO,” skip to B.  If “YES,” show the items you will use that you already own:
Item
How will this help you reach your work goal?
Item
How will this help you reach your work goal? 
Item 
How will this help you reach your work goal? 

B.	Have you saved any money to pay for the expenses listed on pages 6-9 in Part IV?  (Include cash on hand or money in a bank account.)  YES or NO
Sample Answer: No
If “YES,” how much have you saved?

C.	List the income you receive or expect to receive below.  (Include Social Security benefits, wages, self-employment, assistance, royalties, pensions, dividends, prizes, insurance, support payments, etc.)

Sample Answers:
Type of Income—Social Security Disability Insurance
Amount--$850
Frequency (Weekly, Monthly, Yearly)—Monthly

Type of Income—?
Amount--?
Frequency (Weekly, Monthly, Yearly)—Weekly

Type of Income—?
Amount--?
Frequency (Weekly, Monthly, Yearly)—Weekly

Type of Income—?
Amount--?
Frequency (Weekly, Monthly, Yearly)—Weekly

Type of Income—?
Amount--?
Frequency (Weekly, Monthly, Yearly)—Weekly

Type of Income—?
Amount--?
Frequency (Weekly, Monthly, Yearly)—Weekly

D.	How much of this income will you set aside to pay for the vehicle, computer, major equipment and other items, services and training listed in Part IV?
Sample Answer:
$830 - the SSDI 	amount ($850), minus the unearned income disregard ($20) which will be added to the SSI I receive ($697) to help meet expenses.  The $830 will go into the PASS.  The remaining $717 will be used for living expenses. 


Form SSA-545-BK (11/205) ef (11/2005) Page 10


PART V — FUNDING FOR WORK GOAL (Continued)

E.	Do you plan to save any or all of this income for a future purchase which is necessary to complete your goal?  YES or NO
Sample Answer: Yes
If “NO,” skip to F.
If “YES,” you will need to keep this money separate from other money you have.
How will you keep the money separate?  (If you will keep the savings in a separate bank account, give the name and address of the bank and the account number.)
Sample Contact Information:
Centerview Savings and Loan, 26 Broadway Avenue, Syracuse, N.Y. 00000; Account number--0000000000.

F.	Will any other person or organization (e.g., grants, assistance, or Vocational Rehabilitation agency) pay for or reimburse you for any part of the expenses listed in Part IV or provide any other items or services you will need? YES or NO
Sample Answer:  Yes
If “NO,” skip to Part VI.
If “YES,” provide details as follows:
Sample Answers:
Who Will Pay--VESID
Item/Service—College Tuition
Amount--$2000
When will the item/service be purchased?—Each Semester

Samples Answers:
Who Will Pay--VESID
Item/Service—Van Modification
Amount--$19,000
When will the item/service be purchased?—August 2013

Samples Answers:
Who Will Pay--VESID
Item/Service—Books
Amount--$400
When will the item/service be purchased?—Each Semester

Sample Answers:
Who Will Pay--VESID
Item/Service—Transportation to College
Amount—To be determined
When will the item/service be purchased?—Each Semester


PART VI – OTHER CONTACTS

Did someone help you prepare this plan? YES or NO
Sample Answer: Yes
If “YES,” give the name, address and telephone number of that person or organization:
Sample Information:
Name--James R. Sheldon, Jr., Esq.
Address--237 Main Street, Suite 400
City—Buffalo, State--New York, Zip Code--14203
Telephone--716-847-0650
Email address--jsheldon@nls.org

Are they charging you a fee for this service? YES or NO
Sample Answer: No
If “YES,” how much are they charging?

May we contact them if we need additional information about your plan? YES or NO
Sample Answer: Yes

Do you want us to send them a copy of our decision on your plan? YES or NO
Sample Answer: Yes
If “YES,” please submit a Consent for Release of Information, form SSA-3288.

(If you also wish to authorize this person or organization to act on your behalf in matters pertaining to this plan, please submit an Appointment of Representative, form SSA-1696.)


Form SSA-545-BK (11/205) ef (11/2005) Page 11


PART VII — REMARKS

Use this section or a separate sheet of paper if you need additional space to answer any questions.

Sample Answers:
See the following attachments:
Letter to Ann Lembke, PASS applicant
SSI Application of Ann Lembke
Invoice showing current price of Dodge Caravan
Provisional letter of acceptance from Lake Erie University
Letter from Attorney, James R. Sheldon, Jr., of Neighborhood Legal Services
Letter from Randy Smith, Rehab Counselor, Division of Vocational Rehabilitation


Form SSA-545-BK (11/205) ef (11/2005) Page 12


PART VIII — AGREEMENT
If my plan is approved, I agree to:

Comply with all of the terms and conditions of the plan as approved by the Social Security Administration (SSA);
Report any changes in my plan to SSA immediately
Keep records and receipts of all expenditures I make under the plan until asked to provide them to SSA.
Use the income or resources set aside under the plan only to buy the items or services shown in the plan as approved by SSA.
Report any changes that may affect the amount of my SSI payment immediately. (For example: income, resources, living arrangements, marital status.)

I realize that if I do not comply with the terms of the plan or if I use the income or resources set aside under my plan for any other purpose, SSA will count the income or resources that were excluded and I may have to repay the additional SSI I received.

I also realize that SSA may not approve any expenditure for which I do not submit receipts or other proof of payment.

I know that anyone who makes or causes to be made a false statement or representation of material fact in an application for use in determining a right to payment under the Social Security Act commits a crime punishable under Federal Law and/or State Law.  I affirm that all the information I have given on this form is true.

Signature—Sample Signature:  Ann Lembke
Date—Sample Date 	00/00/2009
Address—Sample Address:  128 Elm Street, City—Syracuse—State--New York--Zip Code 00000
Telephone:
Home
Sample Number:  000-000-0000
Work
Sample Number: 111-111-1111
Other
E-mail Address
Sample email: 	alembke@yahoo.com

If you have a representative payee, the representative payee must sign below:
Representative Payee Signature 
Date 


Form SSA-545-BK (11/205) ef (11/2005) Page 13


PRIVACY ACT STATEMENT

The Social Security Administration is allowed to collect the information on this form under section 1631(e) of the Social Security Act.  We need this information to determine if we can approve your plan for achieving self-support.  Giving us this information is voluntary.  However, without it, we may not be able to approve your plan.  Social Security will not use the information for any other purpose.

We would give out the facts on this form without your consent only in certain situations.  For example, we give out this information if a Federal law requires us to or if your Congressional Representative or Senator needs the information to answer questions you ask them.

PAPERWORK REDUCTION ACT STATEMENT

Paperwork Reduction Act Statement – This information collection meets the requirements of 44 U.S.C. § 3507, as amended by Section 2 of the Paperwork Reduction Act of 1995.  You do not need to answer these questions unless we display a valid Office of Management and Budget control number.  We estimate that it will take you about 120 minutes to complete this form.  This includes the time it will take to read the instructions, gather the necessary facts and fill out the form.  SEND THE COMPLETED FORM TO YOUR LOCAL SOCIAL SECURITY OFFICE.  The office is listed under U.S. Government agencies in your telephone directory or you may call Social Security at 1-800-772-1213.  You may send comments on our time estimate above to:  SSA, 1338 Annex Building, Baltimore, MD 21235-6401.  Send only comments relating to our time estimate to this address, not the completed form.


Form SSA-545-BK (11/205) ef (11/2005) Page 14


OUR RESPONSIBILITIES TO YOU

We received your plan for achieving self-support (PASS) on .
Your plan will be processed by Social Security employees who are trained to work with PASS.

The PASS expert handling your case will work directly with you.  He or she will look over the plan as soon as possible to see if there is a good chance that you can meet your work goal.  The PASS expert will also make sure that the things you want to pay for are needed to achieve your work goal and are reasonably priced.  If changes are needed, the PASS expert will discuss them with you. 

Your may contact the PASS expert toll-free at 1- .

YOUR REPORTING AND RECORDKEEPING RESPONSIBILITIES

If we approve your plan, you must tell Social Security about any changes to your plan and any changes that may affect the amount of your SSI payment.  You must tell us if:
Your medical condition improves.
You are unable to follow your plan.
You decide not to pursue your goal or decide to pursue a different goal.
You decide that you do not need to pay for any of the expenses you listed in your plan.
Someone else pays for any of your plan expenses.
You use the income or resources we exclude for a purpose other than the expenses specified in your plan.
There are any other changes to your plan.
There are any changes in your income, help you get from others, or things of value that you own.
There are any changes in where you live, how you live, or your marital status.

You must tell us about any of these things within 10 days following the month in which it happens.  If you do not report any of these things, we may stop your plan.

You should also tell us if you decide that you need to pay for other expenses not listed in your plan in order to reach your goal.  We may be able to change your plan or the amount of income we exclude so you can pay for the additional expenses.

YOU MUST KEEP RECEIPTS OR CANCELLED CHECKS TO SHOW WHAT EXPENSES YOU PAID FOR AS PART OF THE PLAN.  You need to keep these receipts or cancelled checks until we contact you to find out if you are still following your plan.  When we contact you, we will ask to see the receipts or cancelled checks.  If you are not following the plan, you may have to pay back some or all of the SSI you received


Form SSA-545-BK (11/205) ef (11/2005) Page 15


Contact Information
Employment and Disability Institute
ILR School / Cornell University
201 Dolgen Hall
Ithaca, New York 14853-3901
607.255.7727 (Voice)
607.255.2891 (TTY)
607.255.2763 (Fax)
Ilr_edi.cornell.edu

Partnering Organizations
New York State Office of Mental Health
Employment and Disability Institute (Cornell University)
Burton Blatt Institute (Syracuse University)

Alternative Formats
This publication is available in alternate formats. To request an alternative format, please contact us using the information provided above. This series of briefs are also available online in both text and pdf formats. They are located at www.edi.cornell.edu.