Vol. 6, Issue 24, February 2008
For Your Benefit – Introduction
The Wisconsin Disability Benefits Network (WDBN) is a statewide system that provides direct assistance to benefits counseling practitioners and seeks ways to reach out to and better serve people with disabilities, their supporters, and professional service providers in Wisconsin. This newsletter provides current program news, important notices and updates, and upcoming training and educational opportunities. Check out past editions of this newsletter!
2008 WDBN Calendar:
• March 4th HEC Quarterly Meeting: Download an agenda (pdf)
• March 5th WDBN Quarterly Meeting: Download an agenda (pdf)
• June 10th HEC Quarterly Meeting
• June 11th WDBN Quarterly Meeting
• Oct 13, 14, and 15 Benefits Specialist Conference (In collaboration with Annual ADRC conference)
What's New
Announcing New MAPP/HEC Specialists
Some of you may know that as part of the 2008-2012 WDBN project, the Health and Employment Counseling (HEC) Program has been in the process of being re-designed. The program will place more of an emphasis on outreach and education regarding the Medical Assistance Purchase Plan (MAPP) as well as provide consumer assistance regarding HEC enrollment and participation. Effective March 1, there will be MAPP/HEC Specialists (formerly called HEC Screeners) that will correspond to the DHFS Pathways Regions. The organizations contracted to provide a MAPP/HEC Specialist are:
• North Central: BeneSense
• Northeastern: Employment Resources/WDBN
• Northwestern: North Country Independent Living
• Northern: North Country Independent Living and BeneSense
• Southwestern: Riverfront
• South Central: Employment Resources/WDBN
• Southeast: Independence First and Curative Care Network
The specialists will be asked to:
• work with a variety of area partners to identify audiences in order to deliver workshops and materials to consumer and professional groups regarding the availability and value of the Medicaid Purchase Plan for Wisconsin citizens with disabilities who are employed or seeking work and
• provide assistance to MAPP/HEC consumers that includes benefits information sufficient to make an informed decision regarding further program participation and employment, with follow up regarding their eligibility and desire to participate in MAPP while seeking work.
Stay tuned for revised contact information for the MAPP/HEC Specialists soon to be found on the WDBN web site.
Update on Quality Assurance
During the past few months, there has been much planning going on regarding the development of a credential for benefits specialists in Wisconsin. The Benefits Specialist Quality Assurance Task Force met two times in November with the following results:
• A draft flow chart was developed illustrating the process a benefits specialist will follow to acquire a credential;
• A communications plan was outlined for keeping practitioners and stakeholders informed about what is happening regarding credentialing activities and why it is necessary.
• A Lead Committee was established to flesh out a work plan that will lead up to the establishment of a credentialing body in 2009.
The Lead Committee has met twice this year and a 2008 work plan has been defined. Benefits Specialists should be sure to attend the WDBN Quarterly meeting on March 5 in Madison for an update on these activities and opportunity provide your input. The QA Task Force will meet March 6 to review and adopt the work plan and develop activities designed to promote the need for quality standards for all types of Benefits Specialists across Wisconsin.
New Medicaid Eligibility Handbook
Effective 2-1-08 there will be a new Medicaid Eligibility Handbook (MEH). The new version will be only for Elderly, Blind, and Disabled (EBD) Medicaid programs. The old MEH will remain on-line to allow people to look at past policies; however, there will be a heading of "obsolete" on the top of each page. The 2008 Federal Poverty Levels have been included in the table in the new MEH. For Medicaid information for families, pregnant women, and children please go to the BadgeCare Plus Eligibility Handbook.
Stimulus Payment News Release and Fact Sheets
Starting in May, the Treasury will begin sending economic stimulus payments to more than 130 million individuals. The vast majority of Americans who qualify for the payment will not have to do anything other than file their 2007 individual income tax return to receive their payment this year. The IRS will use information on the tax return to determine eligibility and calculate the amount of the stimulus payments. Check out the Internal Revenue Service website for instructions for Low-Income Workers and Recipients of Social Security and Certain Veterans' Benefits.
MIG-RATS Research
The MIG-RATS provide resources and support to the ongoing research activities of the Medicaid Infrastructure Grants (MIGs). The central feature of the MIGs is to support employment for people with disabilities. Our research efforts focus on employment, disability, and related services. Check out the projects and happenings in Benefits Counseling.
Benefits News Roundup
Disability Rights Wisconsin Updates:
Disability Benefit Specialists...The following topics are covered in the Disability Rights Wisconsin (DRW) updates Medical listing revisions, phase-out of Family Care Non-MA eligibility, changes in Levels Of Care (LOC), and other updates and resources. Also check out the following resources.
- Foodshare Worksheet October 2007 - October 2008: WORD format | PDF format
- DRW Eligibility Checksheet 2008: WORD format | PDF format
- Download a copy of the DRW updates: WORD format | PDF format
SSA Benefits and Bankruptcy
To obtain relief from repayment of debts, a Title II Social Security beneficiary (which includes someone receiving Social Security Disability Insurance or SSDI) may like anyone else petition a bankruptcy court to discharge the debts or to schedule a repayment plan.
Once notified that a beneficiary has filed a bankruptcy petition, the Social Security Administration (SSA) will: 1) stop all recovery efforts immediately including adjustment or billing, 2) decide whether or not to file a claim with the court, and 3) consider filing an objection to discharge.
The bankruptcy court judgment is binding on SSA with repayment limited to the terms of the bankruptcy order, unless SSA is successful in objecting to the discharge of a debt or in preserving their right to adjustment in which case SSA may be able to resume full recovery efforts. POMS GN 02215.185
A person liable for repayment of a Supplemental Security Income (SSI) overpayment may petition the court to include the overpayment as an unsecured debt. When the court discharges a bankruptcy petition, SSA is prevented from making further efforts to recover the overpayment from the debtor. The filing of a bankruptcy petition will lead to the automatic cessation of collection from the debtor. However, SSA can pursue recovery from any other jointly liable person. POMS SI 02205.001, GN 02215.230
For example, if a parent or representative payee of a child still receiving SSI files for bankruptcy and the child receiving SSI is not named in the petition, the child's SSI overpayment is still collectable. Also, discharge of the parent/payee bankruptcy petition will not prevent further recovery efforts against the child as long as the child is not a part of the petition or discharge order.
HIRSP Changes
Wisconsin's Health Insurance Risk Sharing Program (HIRSP) underwent several changes effective January 1, 2008. HIRSP provides access to health insurance to individuals who do not qualify for Medicaid and who are either unable to purchase private health insurance due to their medical condition or who have recently lost their employer-based group health insurance.
The names of the plans have been altered. The two options under Plan 1 (for those not eligible for Medicare) were called A and B and are now called "HIRSP 1,000" and "HIRSP 2,500." The new names reflect each plan's deductible dollar amount per year which has not changed.
Two additional higher deductible, lower premium plans became available January 1st, 2008 for those not eligible for Medicare: "HIRSP 5,000" which offers a $5,000 medical deductible and lower premiums, and "HIRSP Health Savings Account" (HSA) which offers a $3,500 medical deductible and qualifies the enrollee to open a health savings account.
Plan 2 also has a new name: "HIRSP Medicare Supplement" which reflects that, as before, the plan is for those who qualify for Medicare. Someone eligible for Medicare can enroll only in this HIRSP plan and must be enrolled in Medicare Parts A, B or C, and D.
Earlier reductions in premiums, deductibles, and out of pocket expenses were available to those with household income under $25,000 and enrolled under Plans 1-A and 2. Now all plans will offer such reductions if the household income is less than $25,000.
Child Support Exclusion SSI
A child support payment from an absent parent to a child who receives Supplemental Security Income (SSI) payments is considered unearned income to the child. The Social Security Administration (SSA) will exclude one-third of such a child support payment when computing the child's monthly payment. For example, if a child getting SSI receives $180 in child support, $120 is considered unearned income to the child.
To determine the amount of child support payments, the local SSA office normally will try to obtain the appropriate legal documents or to contact the source of the child support payment in order to determine if more than one child is being paid and to identify the exact amount of the payment. If these sources do not specify the exact allocations in cases with multiple children being paid, SSA may divide the total child support payment amount by the number of children to reach the individual allocation amount.
In situations with multiple children receiving support, SSA must be notified if the allocated amount they are counting against the SSI child has changed; this would occur when another child included in the total payment turns 18, graduates from high school, marries, or otherwise is no longer entitled to support. The child recipient or his/her representative can report to and/or check with the local SSA office about the amount of support SSA is using in the child's SSI payment computation. POMS SI 00830.420
Childhood Disability Benefits and Reaching Full Retirement Age
For Social Security beneficiaries receiving Disability Insurance Benefits (DIB) and Widow(er) Disability Benefits (WDB), when they reach Full Retirement Age (FRA) they essentially become regular retirement or widow(er) beneficiaries. They receive the same benefit amount as they had before, but the rules regarding work, Substantial Gainful Activity (SGA), and medical reviews no longer apply since they are technically no longer disability beneficiaries. The FRA is age 66 for 2008 continuing until 2020 when the FRA will increase two months per year until it reaches 67 in 2025.
However, the SSA rules are different for Childhood Disability Beneficiaries (CDB.) CDB benefits can continue indefinitely through and beyond a beneficiary's FRA, but the basic factor of entitlement for a CDB remains meeting the disability requirements of SSA law. A CDB is initially entitled to benefits based on having a disabling condition before age 22 and a retired, disabled, or deceased parent who had a qualifying work record; for a CDB at FRA there is no benefit category equivalent to the retirement or widow(er) benefits that a DIB or WDB converts to. So, even though it is unlikely a CDB would ever medically recover, he/she is still subject to a medical CDR; and the disability rules regarding work, SGA, and work incentives also still apply.
Ask Ben Speck: Mother's or Father's Benefits when a Child Turns 16
Dear Mr. Speck,
I'm 45 years old with a daughter who is almost 15. We both get Social Security checks because my wife died a couple years ago and worked all her life. The other day some guy down at the diner said that for us to keep getting our benefits after my daughter turns 16, she has to be disabled. I thought we'd get those benefits until she's 18 without her having to be disabled. She does have some learning problems that might make her disabled, but I'm pretty sure the Social Security person told me that for kids benefits that didn't matter until she was 18. What's the deal?
Chuck
Delta, WI
Dear Chuck,
You are correct, Chuck, in saying that children under 18 years of age do not have to be disabled to receive Social Security benefits based on the earnings record of their retired, deceased, or disabled parent(s). So, as long as your daughter meets the other entitlement factors (such as being unmarried), she will receive Social Security child benefits until she is at least 18 without needing to be determined to be disabled.
However, for you as a surviving father to remain entitled to benefits on your deceased wife's record past your daughter's 16th birthday, she has to be found disabled by the SSA and still be in your care. One of the basic requirements for your entitlement to benefits as a father is that you have to be caring for a child of the wage earner (your wife); once that child turns 16, SSA regulations are that father's (or mother's) benefits cannot continue unless the child is disabled, in which case the child is considered to still need the parent's care. (The same rules apply to spouse benefits when the wage earner is a retirement or disability beneficiary.)
If SSA decides your daughter is disabled past 18 (using adult standards for disability), she would continue to receive benefits on your wife's record – these are called Childhood Disability Benefits or Disabled Adult Child Benefits. If that happens and she remains in your care, you could still be entitled to father's benefits, as long as you met the other entitlement rules.
SSA should be contacting you by mail soon to inform you of what you have to do to continue receiving benefits past your daughter's 16th birthday, which is mainly to complete the medical forms on behalf of your daughter after she turns 15 and a half. If she were to reach age 16 before her disability determination is made, SSA will suspend benefits but then reinstate them once she is found disabled. (POMS RS 00202.095)
So be sure to respond to SSA, complete the needed forms on time, and let them know if there are any other changes in your family's circumstances.
Ben S.
Training and Educational Opportunities:
National ADA Symposium and Expo
Date: May 12–14, 2008
Place: St. Louis, MO
For more information check out the website at: http://www.adasymposium.org
The National ADA Symposium is the most comprehensive conference available on the Americans with Disabilities Act and related disability laws. This premiere event offers a session schedule offering a wide range of topics. You can customize your schedule to meet your individual needs and interests.
Presenters at this conference are key representatives from agencies involved with the ADA and those agencies include: U.S. Dept. of Justice, EEOC, U.S. Access Board, U.S. Dept. of Labor and the U.S. Dept. of Education.
Rehabilitation & Transition Conference
Date: April 9 –11, 2008
Place: Kohler, Wisconsin
For more information check out the website at: http://www.rfw.org/RehabConference/2008/RehabConference.htm
Continue your professional development and education at Wisconsin's premiere conference for rehabilitation and transition professionals. Presenters are renowned statewide and nationally, or are rehabilitation professionals practicing innovative strategies for assisting consumers. Tracks includes Collaborative Partnerships, Best Practices, Employment, Autism, Ethics, Management, Transition, and special interests.
Ongoing Training:
- Money Smart Events: http://www.moneysmartwi.org/events
- Job Accommodation Network Upcoming Webscasts: http://www.jan.wvu.edu/webcast
- ERI Calendar of Events or Training Opportunities
- ADA Audio Conference Series 2008: http://www.ada-audio.org
- RSA Region V CRP at the University of Illinois Teleconferences: http://www.ed.uiuc.edu/illinoisrcep/activities/teleconf.htm
- 2008 Wisconsin Public Psychiatry Network Mental Health Teleconference Schedule: http://dhfs.wisconsin.gov/MH_BCMH/Teleconference/TeleconferenceSch.htm
- Worksource Wisconsin Training Calendar
- Cornell University's Online Disability Related Training Calendar
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Job Openings:
Work Incentives Benefits Specialist
Employment Resources, Inc., a Madison-based non-profit organization, seeks a person with exceptional analytical and communication skills to assist people with disabilities in understanding the effect of work on public benefits and the use of work incentives as a way to move away from public benefits toward employment. The successful applicant will be trained in all areas of public benefits typically utilized by individuals with disabilities.
If you don't mind some travel around south central Wisconsin, enjoy helping people succeed, like doing outreach and have knack for numbers, Employment Resources, Inc. (ERI) wants to talk to you. The position location and hours of work (.75 to 1 FTE) may be flexible depending on the successful applicant. ERI is an equal opportunity employer with great people, creative work environment, excellent benefits and generous time off policies.
To apply, please send a cover letter and resume by March 15 to: Employment Resources, Inc., 4126 Lien Road, Suite 104; Madison WI, 53704 or email webmaster@eri-wi.org.
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