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Wisconsin Disability Benefits Network Newsletter For Your Benefits

Vol. 7, Issue 29, January, 2009

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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!

2009 WDBN Calendar:

| Printable version of the calendar (pdf) | Bookmark Online Calendar |

• January 6, 7, 8 and 20, 21, 22 from 9:00 AM to 4:00 PM — Initial Benefits Specialist Training, presented by ERI and DRW Staff at Employment Resources, Inc. in Madison.

• January 28 from 10:00 AM to 12:00 PM — Self-Employment SSDI, presented by John Benbow DHS, Webcast.

• February 11 from 10:00 AM to 12:00 PM — Self-Employment SSI, presented by John Benbow DHS, Webcast.

• March 4 from 9:00 AM to 4:00 PM — Overpayment Issues, presented by Ray Cebula, at the Comfort Inn & Suites, DeForest.

• April from 7 – 9, 21 – 23 9:00 AM to 4:00 PM — Initial Benefits Specialist Training, presented by ERI and DRW Staff, at Employment Resources, Inc. in Madison.

• May 13 from 12:30 PM to 3:30 PM — MAPP Premium and Eligibility Calculations, presented by Megan Fowler, Jolene Wanek, at the Fox Cities Workforce Development Center in Menasha.

• June 11 from 9:00 AM to 4:00 PM — Professionalism and Career Planning presented by Kathleen Paris, Pat Alea, at the Comfort Inn & Suites, DeForest.

• July 14 – 16, 28 – 30 from 9:00 AM to 4:00 PM — Initial Benefits Specialist Training, presented by ERI and DRW Staff, at Employment Resources, Inc. in Madison.

• August 25 from 9:00 AM to 4:00 PM — Long Term Care presented by DBS group Panel at the Comfort Inn & Suites, DeForest.

• September — SSI Deeming (includes 1619(b) issues), presented by Bob Monahan and/or Madison SSA Office Rep. Webcast.

• October 15 from 9:00 AM to 4:00 PM — Self Support MA plans, PASS assets, MAPP assets and Independence Accounts, presented by Mary Ridgely, Kathy Altman at the Wintergreen Resort, Wisconsin Dells.

• November Medicare Part D Trainings – presented by Eva Shiffrin Webcast & On-Site. Dates and times to be determined.

• December Regional Roundtables — presented by John Fuller, Megan Fowler, Stephanie Drum in Eau Claire, Fox Valley, Madison, and Milwaukee. Dates and times to be determined.

What's New


Quarterly Meeting Webcast

The last WDBN Quarterly meeting happened via webcast on January 6, 2009. If you were unable to attend the meeting, you can view the archived webcast or download meeting materials from the following website: Quarterly Meeting Materials.

Wisconsin Work Incentives Benefits Specialist Registry




Join the Wisconsin WIBS Registry

Wisconsin Work Incentives Benefits Specialists (WIBS) are invited to join the Wisconsin WIBS Registry. Registry members are WIBS who agree to maintain a prescribed level of training, adopt a code of conduct, and participate in a peer review process.

Wisconsin Work Incentives Benefits Specialists (WIBS) help individuals with disabilities, families, and professionals make sense of highly complex employment and benefit related issues.

Due to the highly complex and confidential nature of the information provided, continuing education and peer support is crucial for professionals to maintain the high level of competence required to help individuals make informed choices. Every day, WIBS provide information that can change a person's life. Incorrect information can have a devastating effect on the quality of a person's life.

Registry Application Information:

Benefits Analyst Review Tool

During the WDBN Quarterly Meeting Webcast, a new benefits analysis review tool was mentioned.  This tool was designed to assist new benefits specialists learn the task of writing a benefits analysis and experienced benefits specialists may find it useful for reference.  Also, it will be used to review the benefits analyses under the WIBC grant.  Download a copy: Review tool (PDF) | Review tool (XLS)

2009 Reference Resources

Download these handy reference guides updated for 2009:

Updates to Note


Health & Employment Counseling (HEC) Program Update:

Please note that the application form for individuals who are seeking approval of a HEC plan was recently updated. Download a copy of the new application form: HEC Program Application Form (WORD).

The Health & Employment Counseling (HEC) program is a way for individuals with disabilities to gain Medicaid healthcare coverage while planning for employment. MAPP/HEC Specialists are available to help develop an employment plan. By developing a plan that is approved by the Department of Health Services (DHS), participation in MAPP is available for up to 12 months. Application for MAPP must be made prior to enrolling in HEC. Contact a MAPP/HEC Specialist in your area for more information.

Work Incentives Liaisons (Area 2) Updated 12/08

Download a copy of the latest contact information: Social Security Work Incentives Liaisons (WORD) | PDF.

WIBC Update

Here are some WIBC updates to note from Amy Thomson at DHS:

SSDI 2 for 1 News

Terri Lannan and Amy Thomson from DHS reported on the following SSDI 2 for 1 program updates:

Health Insurance Premium Payment (HIPP) Program Notes

The HIPP Program is a program in which Wisconsin Medicaid pays the member's share of an employer sponsored health plan if it is cost effective. At application or annual review, information about access to health insurance is collected and then EDS (Electronic Data Systems the Medicaid fiscal agent for the State of Wisconsin) makes the decision about cost effectiveness. MAPP and BadgerCare+ members are required to participate in HIPP when EDS decides it is less costly to the state to do so. More information about HIPP. Please contact Terri Lannan with questions.

New IDEA Regulations Released

On Dec. 1, 2008, final regulations for the Individuals with Disabilities Education Act (IDEA) were released in the Federal Register. The new rules address various issues, including parental revocation of consent for special education services and representation of parents by non-attorneys in due process hearings.

Tech Tips: Backing Up Your Email

Back it Up: Consequences of Failing to Back Up Your Email

Email has undoubtedly become a large part of many of our lives for both work and personal use. Losing all of the information that is stored in the email program that you use could be devastating, and I am always surprised to find out how many of you never back up the information that you use to manage your daily affairs.

A good number of people wouldn't care if they lost everything else on their computer, but I have seen people in tears over the loss of their email data. Just take a minute to think about what information is in your email folders and what information you would need to replace if your computer dies. At the very least, almost everyone would want their address books. For small businesses and independent contractors, the loss of information could be devastating, for others, it could mean paying for some fairly expensive recovery services.

Find resources and information on how to back up your email...

Cool Resources:

Benefits News Roundup

Benefits News Roundup

State-only SSI News!

State-only SSI recipients are typically reviewed every year for eligibility. This annual review is done via a mailing in August of each year. Last year (2008) there was no annual review. DHS is developing a new system of identifying recipients. In the past, SSNs were used as identifiers. These annual reviews will resume in August of 2009.

BadgerCare Plus Enrollment Jumps

In the early fall, it briefly appeared that BadgerCare Plus enrollment might have leveled off -- but that perception changed dramatically in November, after the October enrollment numbers were released. BC+ participation increased by more than 9,200 people in October -- the fastest growth since February. This enrollment surge could have resulted from the recession -- as more and more people lose income, jobs, employer-sponsored insurance, or all three.

November enrollment growth was a relatively modest 768, but more months ahead of large enrollment increases would not be a surprise, as Wisconsin's unemployment rate begins to follow the sharp increase nationally. From the initiation of BadgerCare Plus in mid-January 2008 through the end of November, DHS reports the following enrollment increases:

Gov. Doyle included BadgerCare Plus in the 2007-09 budget as part of his plan to help reduce the state's uninsured population, particularly among children. It allows all kids and more parents, caretaker relatives, and pregnant women to enroll.

DHS has yet to say what the surging enrollment will mean for the 2008-09 state deficit or for the next biennium. Fortunately, the BC+ population is relatively inexpensive to cover, but the growing enrollment, combined with the state's severe fiscal challenges, reinforces the need for federal relief to the states through a bump up in the Medicaid match rate and an increase in SCHIP funding.

Update On Childless Adult Coverage

Beginning in January, BadgerCare Plus will provide a basic "core" benefit plan for childless adults who were previously enrolled in the General Assistance Medical Program (GAMP). That's the good news. The bad news is that the state is only financially able at this point to switch the current GAMP enrollees to BadgerCare Plus, and it could be quite a while before the state finds a way to cover other childless adults who would qualify -- in Milwaukee and across the rest of the state.

Governor Doyle announced on Oct. 30 that the Center on Medicare and Medicaid Systems had "agreed in principle" to a waiver allowing Wisconsin to provide a basic health care plan to childless adults with incomes up to 200% of the poverty level. Currently, adults are ineligible for BadgerCare Plus or Medicaid if they don't have a child 18 or under living at home, regardless of their income (unless they are covered as seniors or have a disability). More information from Journal Sentinel article.

Final approval of the waiver is imminent (or may have occurred in the last week). Approval of the waiver clears one of the major hurdles for the coverage of adults without children; even though the 2007-09 budget bill authorized covering childless adults, it did not include any new funding. The conversion of GAMP enrollees can proceed because nearly all of that cost will be financed with current state, federal, and local funding streams for GAMP. However, new funding will be needed to expand the coverage of childless adults, and it is unclear at this point how long the state's budget difficulties will delay the next steps in making the new BC+ core benefit available statewide.

A Nov. 26 Journal Sentinel article explains that the safety net in Milwaukee may shrink over time, as long as the childless adult coverage is closed to new enrollment, because GAMP will cease to exist. With that concern in mind, there has been a tremendous effort over the last month or so to increase GAMP enrollment before the conversion occurs, and the state agreed to suspend the enrollment fee to help facilitate the outreach effort. As of Dec. 12, about 3,000 additional people had been added to GAMP, bringing the total to about 10,700. (The cutoff is Dec. 26.)

More information about the BC+ core benefit plan.

Annual Reminders: Benefits and Taxes

Although benefits counselors do not normally assist clients with their taxes unless they are qualified tax preparers, they should be aware of and can share general information about benefits and taxes.

Federal Taxation of SSA Benefits: Whether a person's Social Security benefits are taxable depends on his/her total income and marital status. Form SSA-1099, which Social Security beneficiaries should receive by January 31, shows the total benefits that are used to determine taxable benefits. POMS GN 05001.005

In most cases if Social Security benefits were a person's only income, benefits are not taxable and a federal income tax return need not be filed. Beneficiaries who received Social Security benefits plus other income need to complete the worksheet in the Form 1040 or 1040A instruction book to see if federal tax must be paid.

For a quick computation, add one-half of a person's Social Security benefits to his or her modified adjusted gross income plus tax exempt nontaxable interest. If this amount is greater than the base amount for their filing status, a part of their benefits will be taxable. The base amounts are:

EITC - Benefits counselors should be aware of the federal Earned Income Tax Credit (EITC) which is for people who work and have low income. This credit reduces or offsets the amount of a person's payroll taxes making more money available and so serving as a work incentive. http://www.irs.gov/eitc

To be eligible a person must meet various general rules that involve working, type and limitations in income, citizenship, and the filing of federal tax returns. A qualifying individual can receive part of the EITC for the coming year in his/her regular pay check by completing and giving Form W-5 to his/her employer. Or a person can receive a larger refund after a return is filed.

The Homestead Tax Credit (HTC) through the Wisconsin Department of Revenue can provide an income tax credit or an annual cash benefit for state low income homeowners and renters. The purpose of the credit is to help people meet the rising costs of property tax bills and rental payments.

To be eligible a person must have been an adult resident of Wisconsin all of the previous year, own or rent the property that he/she lives on, and have total household income of less than $24,500.

The amount of credit is based on the relationship between a person's household income and the amount of his/her allowable property taxes and/or rent. Persons sharing living expenses for a rented homestead are each entitled to claim a portion of the rent paid for occupancy of the homestead. A person must complete a Wisconsin Homestead Credit Claim, Schedule H or H-EZ, to receive the credit. For help in preparing a homestead credit claim, contact any Department of Revenue office.

SSA Benefits and Incarceration

Dear Mr. Speck,
My uncle has been getting social security disability benefits for a few years now. He has a couple of young kids who live with his ex and also get benefits because he does. He got in some trouble and has to go to trial soon. What happens to the benefits if he has to go to prison? Thanks.

C. Spackler
Oregon, WI

Mr. Spackler,
Based on your description, your uncle appears to be receiving Title II benefits (Social Security Disability Insurance or SSDI) and his children auxiliary benefits based on his record.

Under Title II his benefits would be suspended if he is convicted of a criminal offense and confined to a correctional institution for more than 30 continuous days. Confinement includes being temporarily out of the correctional facility for hospitalization, work, or school, or being in a halfway house or a work release program because of a transfer from a correctional institute. Confinement ends at the end of the sentence, upon pardon, or upon parole. Confinement does not include incarceration served before conviction (that is, time served in jail before conviction.)

The payments would continue to his children even if his are suspended due to conviction and confinement. POMS GN 02607.160

It does not sound as if your uncle receives Supplemental Security Income (SSI), but if he did, the rules regarding incarceration are different for SSI. Prisoners in jails or prisons throughout a calendar month are normally ineligible for SSI for that month. In almost all cases a prison or jail is a public institution so that inmates are subject to the same SSI rules as residents of any other public institution, which is ineligibility for any calendar month spent in confinement. This does not apply to home confinement; and a halfway house may or may not be considered a public institution.

SSI ineligibility continues during any periods of unauthorized or even authorized absence from a penal institution. This includes periods of participation in some alternatives to traditional incarceration, such as farm work, boot camp, and daily work release programs, as well as being an inpatient in facilities such as hospitals and nursing homes. POMS SI 00520.009

I hope this answered your questions. Contact your local Social Security office if you have any more questions, and please advise your uncle that he or someone on his behalf should contact Social Security office immediately if he is incarcerated.

Ben S.

Training and Educational Opportunities:


Regional Transition Advisory Council (TAC) Meetings

Sponsored by: Wisconsin Departments of Public Instruction, Workforce Development/Division of Vocational Rehabilitation, and Health Services.

Registration is free and a box lunch is provided. Registration deadline is one week before each meeting date. Space is limited, so please register early. Register for a meeting.

If you have questions regarding registration please contact Kay Fitzgerald, CESA 11, by email at kfitzgerald@cesa11.k12.wi.us or by phone at 715-986-2020 ext. 2131. Please identify accommodations that you may need.

Meeting Dates/Locations (All Meetings will be from 9:00 AM - 12:00 Noon):

How is the DPI/DVR/DHS interagency agreement used to support students with disabilities involved in the transition process? Join us for important discussions about the interagency agreement, TAC's and your role in transition process.

After lunch, there will be time for discussing next steps in communication and coordination of services related to each specific TAC situation. Any TAC team member,who would like to either share effective practices and approaches or have more in-depth interaction with the interagency team about their TAC, is welcomed to stay.

Sixth Annual Wisconsin Transition Conference

Sponsored by: CESA 11
January 22 - 23, 2009
Kalahari Resort
1305 Kalahari Drive
Wisconsin Dells, WI 53965

Register for the conference

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 began 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 go to www.ada-audio.org and "click" on Legal Issues Webinars. 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).

2009 Rehabilitation & Transition Conference

April 1-3, 2009
American Club, Kohler, Wisconsin
More Information: Visit the conference website.

Mark your calendar for the 2009 Rehabilitation & Transition Conference. Annually, over 500 people interested in increasing knowledge and exploring quality products and services for individuals with disabilities attend. Attendees include administrators, educators and staff of: community rehabilitation programs; independent living organizations; high school special education and transition programs; university and technical college disability programs; state vocational rehabilitation agencies; community employment programs; state county human services programs; and many others.

Don't miss the 20th National APSE: The Network on Employment Conference on Integrated Employment this Summer!

June 30 to July 2, 2009
Hyatt Regency in Downtown Milwaukee

For information on registration, theme tracks, and keynote speakers, please view the attached conference flyer or visit www.apse.org.

If you have any questions regarding the conference, sponsorship, advertising, exhibiting or membership in APSE: The Network on Employment, please contact Jenny@apse.org or Betsy@apse.org or call the APSE office at 804-278-9187.

Ninth Annual Multiple Perspectives Conference

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

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.

Ongoing Training:

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