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Social Security Administration Ticket to Work and Work Incentives Advisory Panel Quarterly Public Meeting February 12-14, 2002
Call to Order
Deborah Morrison called the meeting to order at approximately 10:00 a.m. and turned the meeting over to Ms. Mitchell.
Panel Members Present
Sarah Wiggins Mitchell, Chairperson
Thomas Golden
Susan Webb
Kristine Flaten
Stephanie Smith Lee
Steven Start
Bryon MacDonald
Richard Burkhauser
Frances Gracechild
Larry Henderson
Jerome Kleckley
Christine Griffin
Panel Staff Present
Marie Strahan, Executive Director
Shirletta Banks
Tamara Allen
Kristen Breland
Lisa Ekman
Deborah Morrison
Gordon Richmond
Bernard Wixon
Members of the Public Present:
Dan Berland, Cheryl Bates-Harris, Frederica Barrow, Ilene Baylinson, Crystal Blyler, Susan Bruyere, Julie Clark, Danzell Cutler, Paul Davies, Chris Eikenberg, Stephen Fear, Kara Freeburg, Lisa Furber, Susan Goodman, Janet Hankin, Charles Hahn, Andrea Harles, Kathy Healy, Joe Hickman, Yvonne Howard, Jane Hudson, Jennifer Ingram, Jamie Kendall, Mary Kelley, Judd Kinzley, Lisa Lowe, Michael Maloney, Pam McHugh, Celane McWhorter, Chad Newcomb, Wanda Ninner, Dan O'Brien, B.J. Olson, Mavis O'Neill, Martha Pitt, Jane Rath, Joe Razes, Sallie Rhodes, Kalman Rupp, Jamie Ruppmann Mary Satterfield, Sarah Saltz, Thomas Scheurich, Sharon Shreet, Raymond Uhalde, Bob Weathers, Reginald Wells.
Social Security Administration Update and Quarterly Report
Presenter:
Paul Van de Water, Acting Deputy Commissioner, Office of Policy.
Topics:
SSA Ticket Evaluation
Adequacy of Incentives Evaluation
SSA Implementation Update and Quarterly Report
Presenter:
Martin Gerry, Deputy Commissioner, Office of Disability and Employment Policy
Topics:
Youth transition to work.
Choice and control in rehabilitation providers and self-employment
Start-up capital and technical assistance for ENs
Integrating the efforts of TWWIIA with activities of other federal agencies and state government
Focus upon persons with mental disabilities.
Presenter:
Ken McGill, Associate Commissioner, Social Security Administration
Topics:
Final Ticket regulations-January 28, 2002
Release of tickets and publicity in the first 13 states
Tickets on demand
Employment Networks signed up
Regulations proposed for 2002, including Protection and Advocacy, VR referral and refusal, Section 301, CDR protections, and expedited reinstatement (easy back on)
Remarks Presenter:
JoAnne Barnhart, Commissioner, Social Security Administration
Topics:
Rollout of Tickets events in Delaware and Massachusetts
Commendations to the Panel for its role in developing the Ticket program
Ongoing process of Ticket implementation, including marketing and outreach to consumers
Relationships and partnerships between the Panel and SSA staff
Overpayments as they relate to the Ticket program
Action Item:
Panel will send a letter to Deputy Commissioner Gerry about prohibition against P&As representing individuals on overpayments
Afternoon Session
Panel of Federal Partners Update on Implementation Activities
Presenter:
JoAnne Barnhart, Commissioner, Social Security Administration
Topics:
RSA track record on employment
Training of and technical assistance for RSA staff on the Ticket regulations
Reaction of state VR agencies to the Ticket program
Presenter:
Raymond Uhalde, Deputy Assistant Secretary, Employment and Training Administration, Department of Labor
Topics:
One stop career centers and services to individuals with disabilities
Work incentive grants and other partnerships
Guides for One Stop Centers on compliance with the ADA and Rehabilitation Act
Presenter:
Dr. William Mae, Deputy Assistant Secretary for Policy Office of Disability Employment Policy, Department of Labor
Topics:
Mission of the Office of Disability Employment Policy
Initiatives of the office-customized employment initiative and community employment initiative
Collaboration
Break
Department of Health and Human Services Implementation Update
Presenter:
Joe Razes, Senior Project Manager, Centers for Medicare and Medicaid Services
Topics:
Federal Register announcement of Infrastructure Grants
Demonstration to Maintain Independence Projects in Rhode Island, Texas, Mississippi and the District of Columbia
CMS Conference: Access to Employment, Getting the Most out of Infrastructure Grants
Bi-monthly meetings with SSA
Work Incentives Conference, April 2002
Technical Assistance Partnerships
Evaluation of Medicaid buy-in programs
Presenter:
Crystal Blyler, Ph.D., Social Science Analyst, Center for Mental Health Services, Substance Abuse and Mental Health Services Administration (SAMHSA)
Topics:
SAMHSA wishes to be a federal partner working to implement to TWWIIA
Employment Intervention Demonstration Program
Engaging the business community in employment of people with psychiatric disabilities
State Partnership Initiative with SSA
New Freedom Initiative: Mental Health Commission
Presenter:
Reginald Wells, Deputy Commissioner, Administration on Developmental Disabilities
Topics:
Mission of the Administration on Developmental Disabilities
Collaboration between DD Councils and TWWIIA/SSA
Initiatives within the Administration on Children and Families
The meeting adjourned at approximately 4:22 p.m.
Top of Page
Wednesday, February 13, 2002
The meeting reconvened at approximately 9:15 a.m. with Sarah Wiggins Mitchell presiding.
Quarterly Business Meeting
Topics:
Approval of Minutes
Motion:
Moved and seconded to approve the minutes of the December 12 2001 teleconference meeting. The motion passed.
Administrative Update
Presenter:
Marie Strahan
Topics:
Budget update
Staffing and Panel FTEs
Contracts
Communications with consumers and other constituencies
Panel appointments
Committee Reports
Planning and Operations Committee
Presenter:
Steve Start
Topic:
Operating Procedures
Motion:
Moved and seconded to approve the Operating Procedures. The motion passed.
Topic:
Long Range Plan
Motion:
Moved and seconded to approve the format for the long-range plan. Motion passed.
Design and Evaluation Committee
Presenter:
Thomas Golden
Topics:
One for Two Study
Advice Report
Legal Issues and Implications Roundtable
Presenter:
Chris Griffin
Topic:
Legal issues roundtable, tentatively scheduled for April 25, 2002
New Business
Topics:
Next meeting and agenda (May 14-16, New York City)
Parent training
Motion:
The Panel should urge SSA to fund parent training in the TWWIIA provisions; the training should be commensurate with other SSA training of national scope. The motion was tabled and this item will be placed on the agenda for the New York meeting.
Break
Annual Briefing from the SSA Ethics Officer
Presenter:
Seth Binstock, Office of the General Counsel, Social Security Administration
Topic:
Contracting issues
Update from the White House on New Freedom Initiative Activities
Presenter:
Jennifer Sheehy, Policy Advisor, Domestic Policy Council
Topics:
2001 Initiatives, including Assistive Technology, Special Education, Olmstead Executive Order and Report, Commission on Mental Health, Home ownership, Transportation, Swift implementation of TWWIIA 2002 initiatives, including increases for disability programs, IDEA funding increase, Increase in housing Vouchers for people with disabilities, Increased funds for Office of Disability Employment Policy, Olmstead community employment initiative, Increase in Center for Independent Living funding, Increase in SAMHSA funding for people with co-occurring disorders, and VR funding for programs that demonstrate best practices, including Projects with Industry
Afternoon Session
Public Comment
Presenter:
Chris Eikenberg, Consumer
Topics:
Colorado as a Ticket to Work state was inappropriate because it is not a disability friendly state.
Ticket may not work for beneficiaries with higher education
Medicare coverage does not address many of the needs of people with disabilities
Nine months is not enough time for the Trial Work Period
Education is the key to employment and career advancement
Presenter:
Susan Prokop, Paralyzed Veterans of America
Topics:
Reactions to Final Ticket Rule, including eligibility, expedited re-entry, timely progress, inactive status, dispute resolution, and discrimination against beneficiaries with certain disabilities.
Demonstrations and studies
BP&O turnover rate
WorkWorld software
Presenter:
Cheryl Bates-Harris, Lisa Furber, and Jane Hudson, National Association of Protection and Advocacy Systems
Topics:
P&A Funding
Legal advocacy services
Activities of P&As within the 13 states
Presenter:
Celane McWhorter, Association of Persons in Supported Employment
Topic:
Adequacy of Incentives Study, including identification of the four target groups
Presenter:
Susan Goodman, National Down Syndrome Congress
Topics:
Ticket as currently designed will not work for people with Down Syndrome
Adequacy of Incentives Study
Presenter:
Mary Kelly, National Association of Developmental Disabilities Councils
Adequacy of Incentives Report
Presenter:
Jamie Ruppman, TASH
Topics:
Adequacy of Incentives Report
Commendation to Panel on use of Expert Roundtable; recommends adoption of their recommendations
Break
Panel Discussion and Deliberation on Adequacy of Incentives Report
Presenter:
Thomas Golden
Motion:
Moved and seconded to pass Panel Recommendation 11. Motion passed.
Motion:
SSA should conduct or commission qualitative research including interviews and focus groups as appropriate to access the adequacy of current incentives to large and small providers, including community rehabilitation programs. Information should be collected regarding the amount and timing of payment and other factors that affect participation in their program and integrated into community employment at minimum wage or higher
Motion:
Due to delays in issuing the Tickets, the deadline for the Adequacy of Incentives Report to Congress should be extended by the amount of time the Ticket roll out has been delayed, 13 months. The Panel recommends that Congress approve an amendment to adjust the timeline for the Adequacy of Incentives report so that it is due 49 months, rather than 36 months, after the enactment date. Implementation of the necessary adjusted payment rate should occur as soon as practical following the release of the Adequacy of Incentives report, but no later than one year after it's release. Further, the Panel also requests preliminary progress reports on the Adequacy of Incentives study at 36 and 42 months after the date of enactment of the law. Motion passed.
Motion:
Motion made and seconded to accept the Adequacy of Incentives Report. Motion passed.
The meeting adjourned at approximately 4:10 p.m.
Top of Page
Thursday, February 14, 2002
The meeting reconvened at approximately 9:10 a.m. with Sarah Wiggins Mitchell presiding.
Public Comment
Presenter:
Susan Daniels
Topics:
Importance of budget and people in making policy
Importance of training SSA staff as employment support representatives
Presenter:
Paul Seifert, Consortium for Citizens with Disabilities
Topics:
Concerns about final Ticket rules, including MIE, outcome payments under SSI and SSDI, reallocation of work experience, and P&As.
Other issues, including DAC workers, overpayments and how they affect ENs, AOI study, two-for-one demonstration, and expedited re-entry.
Presenter:
Andrea Harles, I-NABIR
Topics:
ENs choosing their clients
Request for support for federal funding for Projects with Industry, Supported Employment, Migrant Farm Workers and Recreation programs
Presenter:
Dan O'Brien, Oklahoma Department of Rehabilitation Services
Topics:
Identification of the four target groups for the AOI study
Keys Project, which uses enhanced milestones and supported decisions approach
Break
Panel Discussions and Deliberations
Presenter:
Bernard Wixon
Topic:
Annual Report
Consensus:
In the executive summary, make it clear that the ESRs are fully dedicated, permanent SSA employees. All beneficiaries should have access to an ESR and the PASS Cadre. The evaluation report on the ESR program should be referenced.
An additional bullet should advise Congress to be mindful and supportive of the use of concurrent or sequential funding sources, rather than supplanting or substituting funding streams, to help people return to work.
The bullet on training should include the recommendation that SSA provide state specific training.
The issue should be categorized based upon titles within the legislation or in another way that makes sense to the reader.
The issue should be raised somewhere in the introduction that the transition period when a person initially applies and receives benefits is crucial for return to work. Services and supports should become available as soon as the individual is medically stabilized.
Separate the MIE and transition age beneficiaries into two bullets.
The need for outreach and public education should be further emphasized. The White House should be asked to assist in this outreach effort.
Due process and dispute resolution deficits should be highlighted in the executive summary. The regulations do not address this issue adequately. The point should be made that clients should have the same rights in using ENs for rehabilitation that state VR clients receive through the Client Assistance Program.
Afternoon Session
Panel Discussions and Deliberations
Presenter:
Sarah Mitchell
Topic:
Annual Report (continuation)
Consensus:
The redetermination issue will be highlighted in the executive summary.
The issue of providing more than one ticket per period of eligibility will be included as an issue in the report, but not in the executive summary.
EN requirements and qualifications will be left in the report but not included in the executive summary.
The report will say that the Panel is pleased that the list of EN data collection requirements was deleted in the regulations.
The report should say the Panel is pleased that SSA is permitting other Employment Service Plans.
The timely progress issue should be mentioned in the body of the report. This issue should be discussed under the Continuing Concerns section.
With regard to Section 411.385, the Panel should restate SSA's position that transition age beneficiaries have a choice in deciding whether to deposit their ticket with the State VR agency. The report should state that the Panel will watch how this issue is being implemented. This will be discussed in the body of the report.
Presenter:
Ken McGill
Topics:
Budgeting issues, marketing, training, and FTE commitment on the ESRs.
Ongoing evaluation of ESRs.
Action Item:
There will be a conference call or some other communication with Ken McGill regarding the expedited review and CDR regulations.
Topic:
Annual report
Consensus:
The dispute resolution section should be moved to the executive summary and shortened. (Delete the timeline section.) Add that there needs to be an appeal process for individuals who have been designated as an MIE or MIP. A process for guaranteeing a timely CDR should be established. Staff will research this issue. The first sentence of this section should be broadened to a discussion of due process beyond the P&A.
Individualized milestones and zero cash benefits should be discussed in the executive summary. The benefits not payable issue needs Congressional action.
Action Item:
Staff will forward language around Congressional interpretation of the benefits not payable issue to the Panel.
Consensus:
The individual milestones issue will be reconsidered when the AOI report is finalized. This issue will be discussed in the annual report with no recommendation.
The Panel recommendation that SSA should develop separate outcome payments for SSI and SSDI will be discussed in the body of the report but not in the executive summary. It is a continuing concern that may be revisited at a later time.
The Panel's recommendation for a full cost-benefit study, considering other costs and benefits should be discussed in the Continuing Concerns Section.
Topic:
Work Opportunity Tax Credit
Presenter:
Susan Webb
Motion:
Moved and seconded that the Panel write a letter to Congress (via Kim Hildred) supporting reauthorization of the Work Opportunity Tax Credit and asking for a modification that allows an employer to take the credit for SSDI beneficiaries they hire who have been placed by an Employment Network under TWWIIA. Motion passed.
Action Item:
Request to SAMHSA for specific information referred to in Dr. Blyler's presentation related to the evaluation of supported employment.
Topic:
Screening and priority setting process for emerging issues
Action Item:
Staff will write up the proposed process and send it to the Panel, along with a list of the issues that have been identified and some potential options for follow up.
Motion:
The Panel will write a letter to the President in support of continued funding for Supported Employment, Projects with Industry, Migrant Workers and Recreation programs. The letter will emphasize Supported Employment and PWI as critical programs of the employment network. The letter will also express concern that the Recreation and Migrant Workers programs will be zeroed out.
Adjournment
The meeting adjourned at approximately 3:40 p.m.
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