Both ADA and New Law Remove Employment Barriers

This article is provided as a courtesy service of the Great Lakes ADA News Service under a subcontract with the Disability News Services and funded by the U.S. Department of Education, NIDRR #133D60011.  Please review the Conditions for Reproduction of this Article.

(654 words, posted January 31, 2000)

by Leye Jeannette Chrzanowski
Copyright ©2000 The Disability News Service, Inc.
 
On December 17, 1999, Public Law 106-170, the Ticket to Work and Work Incentives Improvement Act of 1999 was signed into law by President Bill Clinton. Although P.L. 106-170 embodies the spirit of the Americans With Disabilities of 1990 (ADA), it's scope is more limited and defined. The ADA's employment provisions protect Americans with disabilities from discrimination in all areas of employment, whereas the new law removes barriers that make it difficult for people with disabilities to seek employment in the first place. P.L. 106-170...

Under the new law, the Social Security Administration (SSA) issues disabled SSDI and SSI beneficiaries a “ticket” which can be used to directly purchase from a network of providers employment and vocational rehabilitation services, assistive technology and other products and services they may need to become employed. Currently, most of those decisions are made by counselors who control and allocate available resources. Existing policy also makes it difficult to evaluate providers, programs and services. The new law, however, establishes program managers, who are selected and periodically evaluated by SSA, to ensure that adequate services are available through public or private employment networks. It also establishes a new payment system. For an established period of time, these networks will receive a percentage of the monthly cash benefit saved by SSA because a SSDI or disabled SSI recipient is employed.

People with disabilities have more control in other areas, too. Consumer operated centers for independent living, protection and advocacy organizations, client assistance programs, developmental disability councils and welfare agencies can apply for grants and contracts to provide information SSDI or SSI beneficiaries may need to become employed. SSA also awards infrastructure grants to states for products and services, including personal assistance, that enable disabled people to remain employed for a minimum of 40 hours per month.

A 12-member Ticket to Work and Work Incentives Advisory Panel, comprised of at least six people with disabilities and others with experience or expert knowledge as a recipient, provider, employer or employee, actively involves people with disabilities in the federal decision-making process. The panel advises the president, Congress and SSA on work incentive programs, planning and assistance for people with disabilities.

SSDI and SSI beneficiaries returning to work, no longer trigger SSA continuing disability reviews which could result in a loss of cash payments and health coverage. The new law also makes it easier to restore previous SSA benefits to workers who are no longer able to work because of their disabilities. If an individual files for reinstatement within a specific time limit, cash and Medicare or Medicaid benefits are issued for six months while SSA determines eligibility. Even if reinstatement is denied, the individual does not have to repay these benefits.

The new law also authorizes states to create Medicaid buy-in options to encourage people with disabilities to return to work without fear of losing their health benefits. Unfortunately, unlike the provisions of the ADA which apply to every state, the new law's Medicaid provisions do not. Also, states that choose to participate in a Medicaid buy-in, can establish their own limits on assets, income, and so on. Qualified people who do buy into Medicaid are required to pay sliding scale premiums and other charges based on their income.

P.L. 106-170 also extends Medicare Part A coverage beyond the current level. Disabled Medigap policyholders can suspend their Medigap coverage if they are covered by an employer's group plan. But with appropriate notification, Medigap can be reinstated if an individual loses group coverage.

Although Congress created both the ADA and the Work Incentives Improvement Act to remove employment barriers, neither law mandates removal of the most formidable barriers — attitudinal.
 
This work was performed under a subcontract with the Board of Trustees of the University of Illinois, and funded by the U.S. Department of Education, NIDRR #133D60011.

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