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Access to Benefits as a Key Component to Discharge Planning for Offenders with Disabilities July 23, 2012
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Presenters Policy Research Associates Delmar, NY Dazara Ware, Senior Project Associate 11 th Judicial District Criminal Mental Health Project Miami, FL Cindy Schwartz, Project Director
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Faculty Disclosure Presenters do not have any relevant financial relationships with any commercial interests
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Educational Objectives 1.Participants will have a basic understanding of SOAR and how implementation can increase access to SSI & SSDI for those who are eligible 2.Participants will learn how SOAR has been successfully used in criminal justice settings 3.Participants will be able to assess the benefits and challenges of SOAR implementation in jails and prisons
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SOAR Technical Assistance Initiative SOAR -- SSI/SSDI Outreach, Access & Recovery Sponsored by the Substance Abuse and Mental Health Services Administration (SAMHSA) in collaboration with the Social Security Administration No direct funding provided to States or localities 50 States now participate; SOAR TA Center helps States and communities increase access to SSI/SSDI through: Collaboration and strategic planning Training Technical assistance
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Why is Access to SSI and SSDI So Important for Re-entry? For people who are disabled, these benefits provide access to: Income Housing Health insurance and treatment
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SSA’s Two Disability Programs SSI: Supplemental Security Income; needs based, federal benefit rate is $698 per month in 2012; provides Medicaid in most states SSDI: Social Security Disability Insurance; amount depends on earnings put into SSA system; Medicare generally provided after 2 years of eligibility The disability determination process for both programs is the same
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SSA’s Criteria for Disability 1.Must have a medically determinable physical or mental impairment that either meets or is equivalent to the listing of impairments that DDS considers 2.Duration of the impairment must have lasted or be expected to last 12 months or more or result in death 3.Person must show significant functional problems caused by the medical impairment
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The Problem Only about 31 percent of all applicants are typically approved on application People coming out of prison or jail are approved at a much lower rate Appeals take years and many potentially eligible people give up and do not appeal
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Outcomes from SOAR States As of June 2011, 10,493 individuals -- 71 percent of those assisted in 44 states -- were approved for benefits in 101 days on average In 2011 alone, SSI/SSDI brought at least $85 million into the state and local economies of these states For every person approved for SSI, an average of $10,700 in uncompensated care became reimbursable by Medicaid
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How Is This Model Different? Staff actively assist applicants Step-by-step explanation of SSI application and disability determination process Focuses on the initial application – “Get it right the first time!” Avoids appeals whenever possible Focuses on documenting the disabil ity
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If Incarcerated… SSI… Is suspended when a person is in a jail/prison for a full calendar month After 12 months, SSI benefits are terminated; must re-apply upon release SSDI… Continues while in jail/prison until convicted of a felony; after conviction benefits are suspended during incarceration Upon release – no need to reapply; just ask SSA to reinstate Legal proof of release is required to reinstate benefits
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Interested staff file app SSA receives app. DDS receives app SSA – incomplete app SOAR Training pays off JIP scheduled to SSA Office CM provides add. Info DDS can not locate CIP denies case CIP moves correspo ndence lost start over. ICM assigned Release before decision CM change d Short staff – can’t transport Med Record Lost DDS approval ODD approval JIP hospitalized J IP Working w/o notice to SSA SOAR
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PRA/CSG Jail Prevalence Study Sites:5 jails (2 – MD; 3 – NY) Time:2002 and 2006 Serious Mental Illness: Prevalence:Last month Prevalence Rates: Men – 14.5% Women – 31% Schizophrenia Schizo Affective Disorder Schizophreniform Depression Bipolar Disorder Brief Psychosis/Delusional/Psychosis NOS
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Four Functional Areas Considered Activities of daily living Social functioning Maintaining concentration, persistence and pace in the completion of tasks Repeated episodes of decompensation Three or more attempts to work in last year resulting in symptom increase and inability to maintain employment
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Overlooked Diagnostic Indicators Trauma Pulling Punches 0-1:40Pulling Punches 0-1:40 Stigma Transitions 6Transitions 6 Lack of community mental health treatment history Culture of incarceration Transitions 2:25-5:10Transitions 2:25-5:10 Substance abuse as primary diagnosis
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Applying Prior to Release from Jail or Prison Individuals can apply for SSI benefits within 30 days of their release. Institutional pre-release agreements with SSA, may allow applications to be submitted up to 120 days prior to release Agreements usually made between jail/SSA or DOC/SSA for all prisons Payment starts after release
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SOAR Collaborations in Correctional Settings In 2011, collaborations with corrections were reported by 24 states; collaborations included: Jail in-reach and collaboration with parole and probation to coordinate services Jail diversion programs Pre-Release planning from state prison Training in state departments of corrections
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1825 Sing Sing – “Up the River” 19
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Successful Models: Collaborations with Corrections NY’s Sing Sing Prison: Applications done prior to release by a community services agency Same staff who does applications follow folks in community and access housing for them 89% of 100 pre-release SSI applications approved in 59 days on average 73% of approved received within one month of release; 31% approved prior to release In Oklahoma DOC, 90% approval on pre-release apps
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Michigan DOC SOAR Program 2011: 72 SSI applications filed; 60% approved in 105 days on average Impact on recidivism: 2% of people approved for SSI were readmitted to DOC compared to 17% of those denied benefits Challenge #1: 39% of SSI applications were submitted AFTER release from MDOC; important to submit applications 90-120 days BEFORE release (as early as SSA will allow) Challenge #2: 76% of SSA decisions were received an average of 119 days AFTER release – four months without income, health insurance, and probably without permanent housing is a recipe for disaster…
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Using SOAR for Jail Populations Miami – Dade In Miami-Dade County SOAR is part of The Criminal Mental Health Project- Jail Diversion Programs for mentally ill offenders Impacts: Reduction of jail overcrowding Access to housing with treatment & wrap around services Recidivism reduced from 70% to 22% for misdemeanor and to 5% for felony defendants Created specialized unit to expedite access to benefits
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Outcomes (August 2011- present) Total number of individuals screened152 Ineligible48 SSA applications filed65 SSA approvals43 Reinstatements9 Number of reconsiderations3 Number of denials2 Average time from application to approval 28 days
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Challenges and Benefits Cross-system collaboration Participants become “more attractive paying customers” to community providers Obtaining medical recordsRetroactive Medicaid reimbursement for treatment and services Immigration statusImproved relationships with community stakeholders
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Domains to Predict Success in Jail or Prison Projects Leadership Collaboration Competing Initiatives/Projects Resources
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Lesson Learned: Community Collaboration Needed Community Provider to work with in either setting is essential Role of Community Provider is different when working with jails or prisons Greater focus on reentry in prisons may mean larger role for prison staff to assist with SSI Prisons sentences are usually longer – greater chance of decision upon release than in jails Jail “in-reach” by community provider ensures continuity and responsibility for treatment and other needs once released Prisons benefit from collaboration with community providers to complete the process started in the prison (e.g., getting the person to SSA to get their check started or helping with a SOAR-assisted reconsideration or appeal
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Conclusion Focusing on expediting benefits as a tool for reentry works! Its a win-win for the individual, for states and localities, and for community programs A major tool in recovery for persons with serious mental illnesses and other disabilities
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Contact Information SOAR Technical Assistance Center Email: SOAR@prainc.comSOAR@prainc.com SOAR Website www.prainc.com/SOARwww.prainc.com/SOAR
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