Vol. 6, Issue 28, October, 2008

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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:

• LAST CHANCE TO SIGN UP: Medicare Part D Trainings
Plan to attend the Medicare Part D Updates for 2009 Training. Several training dates and locations are available. Get more information about this event: Event locations and registration information.

• December 9 – WDBN Quarterly Meeting: This meeting will be by webcast from 9:00 a.m. to Noon. More information and an agenda will be available soon.

• 2009 WDBN Benefits Specialists Initial Training Dates: Following is a tentative schedule for 2009. This training will include both online and classroom training.

Jan 6-7 and 20-22
April 7-9 and 21-23
July 14-16 and 28-30

What's New

Benefits Roundup Wrapup:

It was a great turn-out of Ben Specs at the Wisconsin Aging and Disability Conference held October 13th-15th in Appleton. There were various sessions offered throughout the conference especially for Benefit Specialists to attend. The "Benefits Specialist Round-up Session" included information about the three types of benefits specialists regarding credentialing and other important trends in benefits counseling. More details on the current work being done to establish a benefits specialist credentialing system in Wisconsin were provided. The session and an evening social hour gave attendees the opportunity to network, meet and mingle.

The following handouts were shared at the round-up session: Code of Conduct & Professional Responsibility (pdf) | Quality Assurance Project Summary: For Wisconsin Benefits Specialists (pdf) |

Check out some of the photos taken at the conference scattered throughout this newsletter!

Favorite Ben Spec Resources

As the Ben Specs move forward to establish a credential, it's important that we strive to provide accurate and pertinent information to the consumers we serve. Here are just a few tips to remember when you are putting together your reports or meeting with consumers.

Use updated online resources that you keep bookmarked such as:

• POMS, https://secure.ssa.gov/apps10/poms.nsf
• FSH, http://www.emhandbooks.wi.gov/fsh
• DWD, http://www.dwd.state.wi.us
• DHS, http://dhs.wisconsin.gov
• MEH, http://www.emhandbooks.wi.gov/meh-ebd
• BC+EH, http://www.emhandbooks.wi.gov/bcplus
• And many more!

Also, keep in mind some of the great colleague tips shared about keeping things professional in our last newsletter.

• Discuss it with another benefits specialist, Social Security, a county worker or your WDBN Technical Assistant,
• Have someone else review your work for accuracy, spelling and grammar, as well as readability, and
• When in doubt, remember it's always ok to say, "I don't know, but I will find out and get back to you."

These are some basic tips to ensure that the consumers we serve receive the proper information to make informed decisions.

TECH TIP — Organize and Bookmark Your Favorite Websites:

Bookmarking sites are a popular way to store, classify, share, and search links on the Internet. They allow you to save bookmarks online and Tag/Categorize them with keywords instead of saving them as bookmarks in the favorite's list of your browser. The main benefit in using the sites below is that your favorite links / bookmarks are available on any computer you are using. You will just need to log into your account to access them. Below are a few popular bookmarking sites. Check them out and get organized today!

• del.icio.us: A social bookmarks manager. It allows you to easily add sites you like to your personal collection of links, to categorize those sites with keywords.
• Ma.gnolia.com: Find web sites with Ma.gnolia's social bookmarking online community. Organize bookmarks, search other people's favorites, and make friends and contacts.
• Google Bookmarks: Allows users to save and create bookmarks that can be accessed anywhere.

Updates to Note

Social Security 2009 COLA Updates

Monthly Social Security and Supplemental Security Income benefits for more than 55 million Americans will increase 5.8 percent in 2009, according to the Social Security Administration. The 5.8 percent increase is the largest since 1982.

Social Security and Supplemental Security Income benefits increase automatically each year based on the rise in the Bureau of Labor Statistics' Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), from the third quarter of the prior year to the corresponding period of the current year. This year's increase in the CPI-W was 5.8 percent.

The 5.8 percent Cost-of-Living Adjustment (COLA) will begin with benefits that over 50 million Social Security beneficiaries receive in January 2009. Increased payments to more than 7 million Supplemental Security Income beneficiaries will begin on December 31.

Some other changes that take effect in January of each year are based on the increase in average wages. Based on that increase, the maximum amount of earnings subject to the Social Security tax (taxable maximum) will increase to $106,800 from $102,000. Of the estimated 164 million workers who will pay Social Security taxes in 2009, about 11 million will pay higher taxes as a result of the increase in the taxable maximum.

Information about Medicare changes for 2009 can be found at www.medicare.gov.

Download a copy of the updated Substantial Gainful Activity & Trial Work Period Amounts Chart | WORD Format | PDF Format |.

ADA Changes Signed in Law

President Bush has signed into law the Americans with Disabilities Act Amendment (ADAAA/S.3406) which expands the definition of disability. The purpose of the ADAAA is to overturn several Supreme Court and lower court decisions over the past decade that have limited the ADA's coverage. Lawmakers felt that these court decisions have narrowed the definition of disability too much. The new laws will take effect January 1, 2009.

Highlights of the changes include:

• Mitigating Measures Ignored: Mitigating measures such as medications, and other interventions that manage a disease or disability must be ignored. As a result, more employees will be covered. Examples of mitigating measures include medication, hearing aids or cochlear implants, and prosthetic devices.
• Major Life Activities Expanded: The ADAAA adds to the existing ADA legislation examples of major life activities. Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working are all considered major life activities. Major life activities also include the operation of major bodily functions, such as functions of the immune, respiratory, and neurological systems.
• "Regarded as Disabled" Label Broadened: The ADAAA clarifies the standard for being "regarded as disabled." An individual will have to show only that he or she was discriminated against because of an actual or perceived impairment, even if the impairment doesn't limit or isn't perceived to limit a major life activity.
• Episodic Impairments Included: If an employee has an impairment that when active would substantially limit a major life activity, then he or she is disabled and protected under the new ADA even if in remission or when not suffering from an episode. This might include diseases such as Multiple Sclerosis, Lupus, Epilepsy or a seizure disorder.

Mental Health Parity Victory!

After more than a decade of work to end insurance discrimination against Americans with mental illnesses and substance use disorders, full mental health parity will finally become law. On October 3, the House voted 263-171 and the President signed the bill. When enacted (the effective date for most health plans is Jan 1, 2010) the new federal parity law will:

• End insurance discrimination against mental health and substance use disorder benefits for over 113 million Americans, requiring full parity coverage with physical health benefits.
• Extend to all aspects of plan coverage, including day/visit limits, dollar limits, coinsurance, copayments, deductibles, and out-of-pocket maximums.
• Preserve strong state parity and consumer protection laws while extending parity protection to 82 million more people who cannot be protected by state laws.
• Ensure parity coverage for both in-network and out-of-network services.

DHS Seeks Additional Family Care Funds

One of the top priorities in the 2009-11 budget request sent by DHS Secretary Timberlake to the Governor is "promoting community living and independence for people in need of long-term assistance." That includes "further expansion of Family Care," which will "eliminate the wait lists and provide critical long-term care services in a community setting, improving the quality of life of Wisconsin elders and people with disabilities."

An article by Jason Stein in the Sept. 17 Wisconsin State Journal reported on the Family Care funding sought by DHS, totaling $71.5 million of state GPR funds over the 2009-11 biennium. Of that amount, $46.3 is part of the "cost to continue" budget, representing the increased cost of ramping up program participation in the 38 counties beginning Family Care in the current biennium. The second piece of the Family Care request is an additional $25.2 million GPR for aging and disability resource centers (ADRCs). You can find the article at:
http://www.madison.com/wsj/home/local/305425

The additional funding will help complete implementation of Family Care in the counties where it is now being initiated, but will not expand the number of counties served. According to DHS, at the end of the current fiscal year, ADRCs "will sere 58 counties covering 85% of the state's adult population, and Family Care enrollment will have nearly doubled in two years."

Strong BadgerCare Plus Growth Pushes Program Over Budget

BadgerCare Plus enrollment has far surpassed expectations. According to DHS figures (which measure growth compared to a low point in mid January 2009), total family coverage was up by more than 85,000 people at the end of September, an increase of 17.7%. Coverage of kids has grown by more than 55,000, or 18%.

Growth was negligible in September, following an increase in August of about 7,500 people. Clearly, most of the increase in family coverage this year can be attributed to the creation of BadgerCare Plus; however, it would be interesting to sort out the effects of the economic downturn and the continued erosion of employer-sponsored insurance. If the DHS data are correct, the number of enrolled kids below the poverty level has grown by more than 25,000 since the end of February, yet all the other income categories for children have declined, and the total enrollment of kids above the poverty level is down by more than 10,000 since February!

DHS announced last month that the success of BadgerCare Plus was pushing the program's cost over budget. According to a Sept. 23 article in the State Journal, DHS estimated that the cost in the current fiscal year would by $25 million more than anticipated.
http://www.madison.com/archives/read.php?ref=/wsj/2008/09/23/0809230024.php

A follow-up article in the Wisconsin State Journal a day or two later noted that: "state officials clarified that only $16 million of that estimated increase was due to more children and parents receiving coverage through BadgerCare Plus, and the other $9 million increase came from more families signing up for existing state health programs that were converted into BadgerCare Plus earlier this year."

As I said in the Sept. 23 article, $25 million (or $16 million) is a very reasonable cost for a program serving 85,000 people. However, some GOP legislators have complained about the added cost and have called for an audit of BadgerCare Plus.
http://www.madison.com/wsj/home/local/306400

Cool Resources:

• Free Video Relay Phones and Services
  • Video Relay Services enable individuals who are Deaf, Hard of Hearing or Speech Impaired to conduct true-to-life video relay calls through qualified sign language interpreters. This solution for your Deaf employee is provided at absolutely no cost to colleagues and clients. Video Relay Phones come pre-activated and ready to use by following these easy plug and play installation directions:
    1. Plug your Video Relay Phone into your existing high speed internet connection.
    2. Dial "711" on your Video Relay Phone to get connected to a sign language interpreter.
    3. Now by using sign language, you can communicate with the interpreter while he/she simultaneously relays the comments in spoken English to the standard telephone user.

    Some advantages for the user using our phones and services include:

    1. No text or typing is involved!
    2. No new network infrastructure, wiring or additional equipment is required!
    3. You don't even need a computer!

    For more information and to receive an application call Jeff Klare, Hire Disability Solutions at 718-663-6720 or email Jeff at jklare@hireds.com.

Benefits News Roundup

SSI Overpayment Waiver Change

The Social Security Administration (SSA) has increased the dollar limit on the administrative discontinuation of waiver development for Supplemental Security Income (SSI) overpayments from $500 to $1000 effective September 27, 2008.

One of the ways an overpaid SSI recipient can have an overpayment waived (disregarded) by SSA is if the recovery of the overpayment “impedes the effective or efficient administration” of the program, that is, if the cost of recovery is more than the overpayment itself. That cost had been set at $500 and is now $1000. So if an SSI recipient requests a waiver or a reconsideration on an overpayment of less than $1,000.01, SSA will discontinue recovery of the overpaid amount. Note that a recipient still has to make an oral or written request for the waiver, and that if the facts of the case indicate fault on the part of the overpaid recipient, SSA may still conduct full waiver or reconsideration development.

For more details and examples, see POMS SI 02260.030.

Substantial Gainful Activity (SGA) Guidelines

In evaluating a Social Security disability applicant’s or beneficiary’s work to determine if it is Substantial Gainful Activity (SGA), the Social Security Administration (SSA) primarily considers the amount of wages the person earns from that work. (Note that in dealing with self-employment income rather than wages, SSA’s evaluation process for SGA is somewhat different and is not addressed here.)

SSA starts its evaluation by reviewing the gross wages which are a person’s total earnings for work activity. Gross earnings include payments in-kind (such as room and board) which are paid instead of, or in addition to, cash – even if such payments are not counted as wages for FICA tax purposes. For example, the value of free rent offered by an employer as a condition of employment would be part of a person’s gross earnings considered for SGA purposes.

In addition, SSA considers the nature and extent of the work activity itself and looks for any indication that not all of the person’s wages should be counted because of any Impairment Related Work Expenses (IRWE), special conditions, or subsidies. Also, any sick or vacation pay the person receives for non-work days in a particular month should not be counted as income for SGA purposes for that month.

On the other hand, SSA may look beyond the wages paid if there is evidence that despite low pay, the person may be engaging in SGA. If the person is in a position to defer compensation or to suppress earnings by special arrangement, SSA will compare the person’s work to that of unimpaired individuals to find the actual worth or value of the person’s work activity. Even though a person’s wages do not exceed the SGA earnings guidelines, SSA may determine that the person is engaged in SGA if the value of the work is more than what is paid.

However, if a beneficiary has received Social Security Disability Insurance (SSDI) benefits for 24 months or more and the disability has not been ceased due to SGA in the Extended Period of Eligibility (EPE), he/she will normally qualify for the exemption of work activity provision. That is, on or after 12/18/06, for an SSDI beneficiary who has received benefits for 24 months, SSA will apply just the SGA earnings guidelines to the beneficiary’s countable income and not consider any evidence showing that the work activities may be worth more. This exemption does not apply when SSA is determining: 1) initial eligibility for disability benefits, 2) whether work activity performed before a SSDI beneficiary has received benefits for at least 24 months is SGA, 3) whether work performed in or after the EPE/Re-entitlement period is SGA after an SGA disability cessation, or 4) SGA during the initial reinstatement period (IRP) for Expedited Reinstatement (EXR) cases. POMS DI 10505.020D | POMS DI 10505.001

SSI Food Assistance as Income

Normally if a Supplemental Security Income (SSI) recipient receives assistance in the form of food (or shelter), the Social Security Administration (SSA) counts it as unearned income in computing the person’s SSI monthly payment. For example, if an SSI recipient is given $50 worth of food free of charge by a friend in a month, SSA would count this as $50 of unearned income in the computation of the recipient’s payment for that month (the maximum amount per month that SSA charges for in kind support is $232.33 in 2008.) POMS SI 00835.400

However, various exceptions to this rule exist when SSA will not count such assistance as unearned income for SSI.

For example, the value of food (or shelter or other items) that an SSI recipient receives may be counted as wages (earned income) for SSI purposes if an employer uses it as payment for employment instead of cash. POMS SI 00820.010

Several types of food assistance are excluded as countable income for SSI. For example, excluded is the value of any assistance provided by food programs with federal involvement, such as the food stamp program (Foodshare in Wisconsin), school lunch programs, child nutrition programs, and nutrition programs for older Americans (including meals on wheels.) POMS SI 00830.635

SSA also does not count as income in-kind support or cash provided for the purpose of meeting food or shelter needs to SSI recipients by state certified private non-profit agencies. This would include the food distributed by most food pantries. POMS SI 00830.605

Home produce (food that a person catches in the wild or raises) is excluded from income if it is consumed by the individual or his or her household. POMS SI 00830.700

(POMS SI 00830.099 has a full list of SSI unearned income exclusions.)

Gifts under SSI – Annual Reminder

The Social Security Administration (SSA) normally counts gifts or contributions that a Supplemental Security Income (SSI) recipient receives as unearned income. For SSI, a gift is something a recipient receives which is not repayment for goods or services the person provided and is not given because of a legal obligation on the giver's part. To be a gift, something must be given irrevocably (that is, the donor relinquishes all control.) POMS SI 00830.520

SSA makes no special effort to find out the value of gifts, but in a recipient’s scheduled re-determination of non-medical factors (which usually occurs once a year), SSA does ask a routine question about the receipt of any gifts. SSA will not pursue the issue when a recipient answers in the negative unless there is reason to doubt the allegation.

If a recipient alleges receiving a gift, SSA will accept a signed estimate of the value of the gift (or actual value if cash) unless they have reason to doubt the estimate. SSA will determine the nature of the gift and apply the appropriate provisions relating to income.

Following are exceptions when a gift is excluded as income for SSI:

• Up to $60 per calendar quarter of unearned income if received infrequently or irregularly; that is, if received only once during a calendar quarter from a single source, or if its receipt cannot reasonably be expected.
• The value of any commercial transportation ticket received as a gift and not converted to cash. This applies to travel among the 50 states, District of Columbia, Puerto Rico, Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.
• The value of any non-cash item (other than food or shelter) is not income if the item would become a partially or totally excluded non-liquid resource if retained in the month after the month of receipt. For example, if the gift is a car, the value of that car is not income if it is kept the month after the month of receipt and qualifies as an excluded resource.
• Gifts (or a portion of a gift) used for tuition, fees, or other necessary educational expenses at any educational institution, including vocational and technical education ones, are excluded from income and are excluded from resources for the 9-month period beginning the month after the month the gift was received.

Training and Educational Opportunities:

Special Seminar on Medicare C & D ** NO CHARGE, LUNCH PROVIDED **

October 29, 2008
8:30 a.m. – 3:30 p.m.
Krause Funeral Home & Cremation Services
12401 West National Avenue, New Berlin

Same Seminar REPEATED
November 14th, 2008
8:30 a.m. – 3:30 p.m.
Washington Park Senior Center
4420 West Vliet Street, Milwaukee

To register, email your Full Name, Organization, and the date you wish to attend to Peg Nugent (pnugent@SEWAAA.com). If you would like to receive informational mailings from the plans, include your mailing address. Those who are Digitally Challenged can call SEWAAA at 262-821-4444 and leave your registration.

• Learn about the Medicare Advantage Plans (including Special Needs Plans) for 2009.
• How to deal with Medicare Drug Plans and/or Senior Care.
• Know how these impact Dual Eligibles.
• How do ADRC's & Family Care relate to these issues?
• Talk to Advantage Plan representatives about your concerns.
• Gather resources and contacts for help with any of these programs.

Jointly sponsored with the Wisconsin Board on Aging and Long Term Care, the Milwaukee County Department on Aging, and the Southeastern Wisconsin Area Agency on Aging (SEWAAA), with special thanks to Krause Funeral Homes for hosting on Oct. 29th.

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The Consequences of a Criminal Record in Wisconsin and the Remedies Under the Law

Sponsored by: Family Connections of Wisconsin, Inc.
Locations (Click on a location to download an event registration form):
Green Bay, Thursday, November 6 | Madison, Wednesday, December 3 | Stevens Point, Thursday, November 13 |
Speakers: Art Besse & Laurie Bibo

Social Workers, Workforce Development Professionals, Teachers, Employers, Landlords, and others who work with ex-offenders or their families, need up-to-date knowledge of the restrictions that can be imposed as well as the remedies that can assist an ex-offender in overcoming barriers to re-entry. This full-day seminar, on Thursday, November 6th, will provide: the latest in re-entry information; the legal basis for restrictions on employment, housing and other rights; the legal remedies to obtain financial, educational and housing services; and the strategies to expunge or correct a criminal record.

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Shining a Light on Behavioral Health Services Conference

December 4 & 5, 2008
Holiday Inn Hotel & Conference Center
Stevens Point, WI
More information

Shining a Light on Behavioral Health Services – Access, Funding, and Recovery: WCHSA's Fall Conference will touch on a wide range of pertinent behavioral health issues facing counties, the state, and providers. Conference presenters will discuss the roles and collaborations of the two State Departments (Health Services and Children and Families) surrounding behavioral health issues. Additional presentations will highlight access issues and waiting for services and funding dilemmas currently confronting the public mental health system. Two afternoon breakout sessions will focus on:

• Two different county perspectives on the development of emergency, crisis, and diversion services and specific outcomes.
• An opportunity to learn more about the many unique paths to recovery from a consumer's vantage point.

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Legal Webinar Series on Employment Issues

The DBTAC-Great Lakes ADA Center is pleased to announce the 2008-2009 schedule for our Legal Webinar Series on Employment issues. The 2008-2009 series will begin with a session on October 28th about the recently released EEOC Fact Sheet on Conduct and Performance Issues for People with Disabilities and the recently signed ADA Amendments Act of 2008.

Other topics in the six part series include the Interplay between the ADA and FMLA, Disparate Impact versus Disparate Treatment, Legal Update on Major Life Activities, Legal Update on Title III case law, and Pretext cases.

For more information about the entire series as well as the October 28th session please go to www.ada-audio.org and "click" on 2008 Legal Issues Webinar: Employment and the ADA. If you have questions regarding the program please contact us at gldbtac@uic.edu or call our toll free number at 877-ADA-1990 (V/TTY) or 877-232-1990 (V/TTY).

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Ninth Annual Multiple Perspectives Conference

April 28 and 29, 2009
The Ohio State University Columbus Campus

Session Proposals Are Due November 1, 2008 – Student Posters Due March 30, 2009. Get more information on the conference and details about paper submission.

The Ninth Annual Multiple Perspectives conference continues the university's efforts to bring together a diverse audience to explore disability as both an individual experience and social reality that cuts across typical divisions of education & employment; scholarship & service; business & government; race, gender & ethnicity. This year's theme "Change, Challenge & Collaboration" reflects the critical place in history we occupy.

This past year the United Nations has adopted the Convention on Disability, Congress passed a new GI bill benefiting veterans with disabilities, The Higher Education Opportunity Act including an increased focus on disability; and the ADA Amendments Act of 2008; the Access Board is proposing changes in Section 508 and the Department of Justice is in the final stages of a comprehensive review and update of the regulations for the ADA.

Mental Health in the Workplace Training's

November 10 in Milwaukee – Contact Dana Rhinehart for more information at: drhineha@milwjobs.com
November 18 in Eau Claire – Contact Randi Johnson for more information at: johnsonr@workforceresource.org

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Free Online Webinar on Disability Statistics

WHO: Cornell University's Employment and Disability Institute, Rehabilitation Research and Training Center on Disability Demographics and Statistics
WHEN: November 12, 2008 from 12:00-1:00 p.m. EST
WHERE: More Information and to register go to www.DisabilityStatistics.org

Cornell University experts in disability statistics and research will lead the dialogue and act as guides to the latest information and issues associated with disability statistics and the circumstances that those with disabilities face.

Cornell University's Employment and Disability Institute (EDI) will host an online webinar on November 12, 2008 from 12:00-1:00 p.m. EST to present the findings of the 2007 Disability Status Report. The free webinar will explore recently released 2007 American Community Survey data related to disability and employment, education, poverty, household income and labor earnings.

Cornell Research found that in 2007, 36.9 percent of working-age (21-64) people with disabilities were employed, compared with the 79.7 percent of people without disabilities. Moreover, researchers found that 24.7 percent of working-age Americans with disabilities lived in poverty, compared to 9.0 percent of those without disabilities. These dramatic discrepancies are longstanding and continue to separate Americans with disabilities from their peers without disabilities.

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Ongoing Training:

• Money Smart Events: http://www.moneysmartwi.org/events
• Job Accommodation Network Upcoming Webcasts: 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
• Worksource Wisconsin Training Calendar
• Cornell University's Online Disability Related Training Calendar

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