PABSS Eligibility & What Kind of Work P&As Can Do with PABSS Funds ADAP’S PABSS PROGRAM PABSS Eligibility & What Kind of Work P&As Can Do with PABSS Funds

Introduction to PABSS The Social Security Administration (SSA) funds the Protection & Advocacy for Beneficiaries of Social Security (PABSS) program. The PABSS program is established in the 57 Protection and Advocacy (P&A) agencies in every State, the District of Columbia, and U.S. Territories.

PABSS Eligibility Potential clients must be PABSS eligible: Receiving SSA disability benefits (SSI or DIB, CDB or DWB) Seeking information and advice about obtaining vocational rehabilitation and employment services or Seeking to secure, retain, or regain gainful employment

PABSS Eligibility To be eligible for PABSS Services: Individual must receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits due to disability Thus former recipients are not PABSS eligible* Individuals receiving retirement benefits (SS) or SSI due to being 65 or over are not PABSS eligible *Individuals in their extended period of eligibility are considered PABSS eligible, as is anyone on 1619 (b)

Specified Purposes To provide information and advice about obtaining vocational rehabilitation and employment services To provide advocacy or other services that a beneficiary needs to secure, maintain, or regain gainful employment

General Purpose of PABSS SSA funds PABSS to assist eligible beneficiaries with achieving employment goals, including: Obtain, retain and maintain employment Advance or be promoted on the job Access Vocational Rehabilitation (VR) services Access the services of an Employment Network(EN) Improve employability Challenge discrimination Receive information and gain knowledge about employment rights

Services the P&A Shall Provide Investigate and review any complaint of improper or inadequate services provided to a beneficiary with a disability by an EN, service provider, employer or other entity, except SSA, involved in the beneficiary’s return to work effort. Information and referral to beneficiaries with disabilities about work incentives and employment, including information on the types of services and assistance that may be available to help beneficiaries to secure, maintain, or regain gainful employment.

Services the P&A Shall Provide Consultation to and legal representation on behalf of beneficiaries with disabilities when necessary to protect the rights of such beneficiaries to services and assistance available to help beneficiaries to secure, maintain, or regain gainful employment. To the extent possible, use alternative dispute resolution procedures.

Services the P&A MAY Provide Provide Systemic advocacy including administrative or legislative advocacy and litigation, including but not limited to class actions. For example, grantees may pursue administrative advocacy or litigation on behalf of an individual client who may or may not be PABSS eligible, but who seeks a change in a policy that affects PABSS eligible clients who wish to obtain, maintain or increase work activity.

Types of PABSS Advocacy Advocate for employment services from Vocational Rehabilitation or Employment Networks Assist in accessing applications, client choice of goal, goods and services and/or service providers, and expedite services Assist in appealing counselor decisions. Assist in clearing student loan defaults in order to obtain financial assistance

Types of PABSS Advocacy Assist with Employment Discrimination Assist in obtaining reasonable accommodations Stop illegal harassment and challenge illegal terms and conditions of employment Challenge stereotypes about direct threats and help obtain necessary leave extensions Expungement of arrest records to enable hiring and bonding of potential employees. Filing EEOC complaints

Types of PABSS Advocacy Assist with Transition services from school to work Assist to develop transition plans and advocate for transitional services Inform parents, students, and others about transition requirements and available assistance for youth in transition Participate in or conduct transition conferences or informational presentations

Types of PABSS Advocacy Assisting with Post-Secondary education Advocate for the physical accessibility and post-secondary coursework including course materials in alternative formats Assist with other reasonable accommodations, e.g. reduced course loads and single room dorms., and reasonable accommodations for tests and examinations Help obtain appropriate tuition waivers

Types of PABSS Advocacy Assisting with Supported Employment Help those wanting community-based employment services rather than sheltered workshop activities Challenge unreasonable policies, and assist those being segregated to have meaningful reviews of their placement as required in the Rehabilitation Act Insure appropriate wage determinations under the Fair Labor Standards Act

Types of PABSS Advocacy Assist with Medicaid/Medicare services including personal assistant services Help obtain reliable personal care services appeal denials of Medicaid/Medicare services, especially of durable medical equipment Get Medicaid reinstated and/or continued under Medicaid for SSI beneficiaries who work 1619 (b) Advocate to develop or expand Medicaid buy-in programs and/or challenge cuts

Types of PABSS Advocacy Assist beneficiaries to receive appropriate Assistive Technology Assist obtain replacement wheelchairs, computer software and augmentative communication devices to perform the essential functions of job Obtaining vehicle modifications Explore means of acquiring technology, such as accommodations from VR/EN providers, or advising the beneficiary to purchase their own technology as an Impairment Related Work Expense

Types of PABSS Advocacy Assist with work related transportation Work with benefit planners to develop PASS plans to address transportation problems Challenge inaccessible public transportation and file complaints for poor paratransit performance Expand and improve public transportation services and advocate against cuts in existing public transportation services.

Types of PABSS Advocacy Assist with housing Help obtain subsidized housing and have any applicable earnings disregards applied in calculation of their rents Challenge illegal independent living requirements Advocate with landlords for reasonable accommodations in policies, e.g. requesting exceptions to parking policies, or exceptions to no-pet policies

About Overpayments SSA realizes that overpayments can frighten beneficiaries and discourage returns to work. However, Congress’s intent for the PABSS funding was to eliminate barriers to work. For an overpayment to present a barrier, the beneficiary must be in the process of working or returning to work.

About Overpayments (Cont’d) Representing beneficiaries in overpayments must be a LOW priority in PABSS case work They should only be taken when other barriers to work like issues with Vocational Rehabilitation, discrimination by employers, transition from school to work, post-secondary education, access to supported rather than sheltered work, access to Assistive Technology, access to Medicaid and Medicare, housing, transportation are addressed first.

P&A Systems May also Provide the Following Service: Provide systemic advocacy including administrative or legislative advocacy and litigation, including but not limited to class actions, including advocacy or litigation on behalf of an individual client who may or may not be PABSS eligible, but who seeks a change in a policy that affects PABSS eligible clients who wish to obtain, maintain or increase work activity.

CONTACT THE ALABAMA DISABILITIES ADVOCACY PROGRAM ABOUT THE PABSS PROGRAM AT: Physical Address: 624 Paul W. Bryant Drive Martha Parham West, 5th Floor Tuscaloosa, AL 35487 Mailing Address: Box 870395, Tuscaloosa, AL 35487-0395   Main Office: 205-348-4928 Toll Free: 800-826-1675 Fax: 205-348-3909 Email: adap@adap.ua.edu Website: http://adap.ua.edu

This publication was made possible by a grant from the Social Security Administration. The contents of this publication are the sole responsibility of ADAP and do not represent the official views of the Social Security Administration. This PowerPoint was produced at taxpayer expense.