THE PLAN TO ACHIEVE SELF-SUPPORT by Sharon Gold Sharon Gold is the President of the National Federation of the Blind of California. She is also extremely knowledgeable about both Social Security and Supplemental Security Income Programs. In 1991 she was appointed to the twenty-member team of experts charged with conducting the Supplemental Security Income Modernization Project. As the name implies, the team made recommendations in a public report to the Social Security Administration about how to update and improve the SSI Program. The Plan to Achieve Self-support (PASS) is a benefit associated with SSI. It is one of those procedures which seem so complicated when they are described that many people who could benefit from using them are afraid to try. However, studying the following article should enable those who qualify to develop their own Plans to Achieve Self-Support; here is what Sharon Gold has to say about PASS: One of the purposes of the National Federation of the Blind is and always has been to reduce the unemployment among working- age blind people. The NFB has always taken an active part in shaping the Social Security laws to assure maximum opportunity for blind recipients of all programs that fall within the control of the Social Security Administration. This emphasis has included appropriate increases in Social Security Disability Insurance (SSDI) benefits for the blind and an assurance that blind people who receive Supplemental Security Income (SSI) benefits have the best chance to work their way off SSI and become self-supporting. This includes the exclusion of appropriate work expenses for the blind and the establishment of the Plan to Achieve Self-Support (PASS), a flexible approach to personal control and maintenance and eventual freedom from dependence on public benefits. All Social Security benefits are governed by Title II of the Social Security Act and the corresponding regulations found in Part 404 of Title 20 of the Code of Federal Regulations. Although Supplemental Security Income is administered by the Social Security Administration, it should not be confused with Social Security Benefits. SSI is governed by Title XVI of the Social Security Act, and the regulations promulgated from this statute are found in Part 416 of Title 20 of the Code of Federal Regulations. There are differences in the eligibility criteria and continuing benefits following gainful employment for the various Social Security and Supplemental Security Income Programs. For a complete approach to Social Security and Supplemental Security Income eligibility and post-employment benefits, including a discussion of Substantial Gainful Activity under each program, see the May, 1992, Braille Monitor article, "Benefit Rights for Blind Individuals: A Description of Social Security's Work Incentive Provisions in the Disability Insurance and Supplemental Security Income Programs," by James Gashel. Sometimes SSDI and SSI are confusing to people because both programs are administered by the local Social Security Office but are handled by claims representatives working for different departments of the Social Security Administration. When applying for Supplemental Security Income, people usually find that the claims representative will make inquiries about their work history. If the Claims Representative believes that the applicant may be eligible for Social Security Disability benefits, he or she will be referred to a different desk where another claims representative will assist in the completion of an application for Social Security benefits. This happens because Social Security eligibility must be given priority over SSI eligibility. Once the Social Security Administration has determined the applicant's eligibility under Social Security and has set a payment schedule, the applicant may be eligible for Supplemental Security Income payments as well, if the monthly Social Security payments do not equal SSI benefit payments in the state in which the applicant lives. Please note that in the case of a first-time applicant there is a five-month delay from the date of application to the date of eligibility to receive Social Security Disability Insurance payments; and, if qualified, the applicant may receive SSI benefits while waiting to receive his or her Social Security benefits. It is to the PASS applicant's benefit to have qualified for and be receiving Social Security payments under Title II. The PASS is one advantage that may be available to people who receive Social Security benefits. A Plan to Achieve Self-Support can make the applicant eligible for Supplemental Security Income or may increase the applicant's eligibility for SSI by allowing the exclusion of excess resources and/or income in furtherance of a pre-approved goal for self-support. An individual receiving SSI benefits is not permitted to have more than $2,000 in cash resources without a Plan to Achieve Self-Support. When the otherwise countable income is excluded through the PASS, the SSI benefit payments will be increased to the maximum payment level. All excluded funds must be placed in a separate bank account, and expenditure of these funds is limited to those itemized expenditures set forth in the PASS. At no time should personal money and PASS money be commingled in a single bank account, and PASS money may never be borrowed or otherwise used to pay personal expenses. To apply for a PASS, a person must first identify a goal for employment and the necessary education, training, and/or specialized equipment to reach that goal. He or she must then determine the income and/or resources to be excluded and later expended under the PASS in order to reach the goal. The income may be either earned or unearned and may be from part-time employment; internships and fellowships; interest and dividends; and/or loans used to purchase the equipment, payments for which are made monthly, using money which has been excluded into the PASS. The next step in the PASS development process is to contact educational institutions, training facilities, and equipment vendors to determine the cost of the education and equipment needed to complete the goal. A budget should be prepared itemizing all of the income and resources to be excluded under the PASS and all of the expenses to be paid under it. The PASS can be written for eighteen months; renewed for eighteen months; and, in the case of a student or individual in a training program, extended for another twelve months. In some instances, at the conclusion of the PASS it is possible to establish a second PASS, if the individual's goal is significantly different. For example, a student's first goal may be to become employed in the field of political science, for which a bachelor's degree in political science is a requirement. At the attainment of the bachelor's degree and the conclusion of the PASS, the student may decide to become employed as a lawyer, for which graduation from law school is required. Thus a new PASS may be written to include the expenses for law school. When preparing the PASS budget, the applicant should multiply the monthly income by the number of months to be included in the PASS (e.g., Social Security--eighteen months at $300 equals $5,400; internship--twelve months at $200 equals $2,400; total income equals $7,800). When completed, the budget income must equal the budget expenses, which may include tuition, books, supplies, computer equipment with special modifications for the blind, printer and Braille embosser, child care, travel expenses and living expenses away from home, acquisition of an inventory if starting a business, bank charges for the PASS account, and all other costs relevant to completing the goal. The final item should be "Miscellaneous Expenses to Complete the PASS" and should be an amount (usually less than $100.00) which makes the income and expenses balance. The final steps in the PASS preparation process are to open a bank account specifically for the PASS and to write a letter to the local Social Security Office which clearly states the goal, outlines the steps to be taken to achieve the goal, and defines the beginning date of the PASS and the amount of time necessary to complete it. The letter, together with the PASS budget, should be submitted to the local Social Security Office for approval, which should take about thirty days. If more than thirty days pass without hearing from the Social Security Office, an inquiry should be made as to the status of the PASS. An individual may prepare his or her own PASS or ask the Social Security Administration for help in writing it. Advocacy organizations such as the National Federation of the Blind may be of assistance. Some rehabilitation counselors can help, although many have little or no experience with the PASS. It is not necessary to be a rehabilitation client in order to qualify for a PASS, and it is not necessary for a rehabilitation counselor to approve the goal of the PASS. A PASS can be approved and accepted only by the Social Security Administration, and an applicant may expect that any reasonable goal will be approved. In order to maintain a PASS, accurate accounting is neces- sary. All canceled checks and receipts must be saved to submit to the Social Security Office, if requested during the PASS period or at the conclusion or renewal of the PASS. Maintaining a PASS is not difficult; however, failure to keep accurate records and receipts may result in termination of the PASS and an inevitable SSI overpayment. The Plan to Achieve Self-Support is perhaps the least used of the work incentives under the Supplemental Security Income Program. The PASS offers people a flexible self-help approach to becoming self-supporting. Therefore, it is to a person's benefit to learn as much as possible about the PASS and to put it to best use. The Social Security Administration has prepared a booklet that may be of help in developing a PASS. The booklet is entitled "Working While Disabled--A Guide to Plans for Achieving Self- Support While Receiving Supplemental Security Income." This booklet includes some simple examples of PASS plans and an application form for completing a PASS. It should be noted that the application form is not necessary because the letter and budget described in this article are sufficient. Here are samples of both: SAMPLE LETTER Charley Repson, Claims Representative Social Security Administration 1993 Security Way Anytown, USA 00000 RE: SSN 000-00-0000 Dear Mr. Repson: By this letter and enclosed documents, I am applying for a Plan to Achieve Self-Support (PASS) effective June, 1993. I am a senior at Undergraduate University, where I am en- rolled in the Liberal Studies Program and expect to receive a Bachelor of Arts Degree in June, 1994. Thereafter, I plan to enter the School of Education and obtain the teaching credentials necessary to fulfill my goal of employment as a special education teacher. To complete my goal of becoming a teacher in the public schools, I will need a computer and printer and specialized screen reading equipment and software for the blind as well as a Braille note-taking device. I will also need a Braille embosser and related software and an optical character reader to download teacher's manuals into my computer to transcribe them into Braille for use in my classroom. I will need to buy books and supplies for my classes and to have a special tape recorder for recording and reading cassette books. I will need to pay for university tuition, readers and drivers, and professional seminars and conferences. I understand that the income and/or resources excluded under this PASS are to be used only for the purposes specified, and I agree to report any changes in this plan and/or my performance thereunder promptly to the Social Security Administration. I agree to keep records of all expenditures made under the PASS and to keep excluded income and resources separate from my other assets. I have opened a checking account #123456789 at State Bank, 1234 5th Street, Banktown, USA. Thank you for your attention to this Plan to Achieve Self- Support. If you need additional information or have further questions, please contact me or my representative, Annie Advocate of the National Federation of the Blind, who assisted in the preparation of this PASS. Sincerely, Sally Student SAMPLE BUDGET PLAN FOR ACHIEVING SELF-SUPPORT Income and Disbursements Income to be Excluded Under the PASS Social Security (36 months at $491) $17,676.00 Financial Aid, Grants, and Scholarships $7,000.00 TOTAL $24,676.00 Expenses Under the PASS Computer and Related Equipment PC Computer with hard drive $2,500.00 Modem and Software $200.00 Symphonics Speech Synthesizer $500.00 Portable Computer w/Speech $2,595.00 Total $5,795.00 Computer Software WordPerfect $250.00 Artic ENCORE $150.00 Upgrade Business Vision $75.00 Braille Translation Software $300.00 Total $775.00 Laserjet Printer $2,000.00 Braille Devices Braille Blazer (Braille Embosser) $1,700.00 Braille 'n Speak $1,095.00 Braille 'n Speak Disk Drive $500.00 Service Contracts (Braille 'n Speak, Disk Drive, Braille Blazer) $900.00 Total $4,195.00 Arkenstone Open Book/Unbound w/sheet feeder $3,995.00 Handi-Cassette Recorder (for blind) $130.00 Tuition $2,500.00 Student Fees, Professional Dues, and Publications $500.00 Books, manuals, and supplies $1,200.00 Readers/Drivers $1,000.00 Conferences and Professional Seminars $2,500.00 Miscellaneous Expenses to Complete the PASS $86.00 TOTAL $24,676.00