Working While Disabled Can Be Done
Just know the laws and the rules
William R. Jiang, MLS
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Even though you have a disability, you can still work. I am the unofficial webmaster for two Work Incentives Planning and Assistance Programs (WIPAs). The WIPA counselors can help you work and keep your benefits. Check out the site at http://www.kd3qc.com/nyc_wipa/
If you make too much money you can lose your disability benefits, but you could keep Medicaid through the Medicaid Buy-In program of New York State. Just call the Brooklyn Peer Advocacy Center about this program (718) 875-7744. The following is a list of programs that the WIPA people can assist you with (taken from http://www.ssa.gov/ny/pass-definition.htm):
The Plan For Achieving Self-Support (PASS)?
The Plan for Achieving Self-Support applies to people receiving SSI benefits. Basically, it is a plan for your future. Many people receiving SSI benefits due to disability want to work, and you're probably one of them. But maybe you need to go back to school before you can get a job. Or maybe you'd like to start your own business, but you don't have the money. Whatever your work goal may be, PASS can help you reach it. A PASS lets you set aside money and/or other things you own to help you reach your goal. For example, you could set aside money to start a business or to go to school or to get training for a job.
Your goal must be to have a job where you will earn enough money to reduce your dependency on SSI. A PASS is meant to help you acquire those items, services or skills to compete for jobs in a professional environment. You can contact your local social security office to find out whether a PASS is appropriate for you.
The following was taken from http://www.socialsecurity.gov/disabilityresearch/wi/1619b.htm:
The SSI 1619b Program
One of the biggest concerns SSI beneficiaries have about going to work is the possibility of losing Medicaid coverage. Section 1619(b) of the Social Security Act provides some protection from this. To qualify for continuing Medicaid coverage, a person must:
1. have been receiving SSI for at least 1 month;
2. be officially disabled;
3. meet all SSI requirements;
4. need Medicaid benefits to continue to work; and
5. cannot earn too much money.
SSI beneficiaries who have earnings too high for a SSI cash payment can still be eligible for Medicaid if they meet the above requirements. SSA figures whether a person’s earnings are high enough to replace SSI and Medicaid benefits. This threshold is based on:
1. the amount of earnings which would cause SSI to stop; and
2. the average Medicaid expenses in your state.
We’ve shown the 2005 and 2006 threshold amounts for each State below for disabled and blind beneficiaries. We usually update these amounts annually for the prior calendar year. These amounts continue in effect until replaced with the next year’s amounts when they become available.
The following was taken from http://www.socialsecurity.gov/disabilityresearch/wi/buyin.htm:
Medicaid Buy-In for People with Disabilities
States can extend Medicaid coverage to certain disabled people who work. Under Section 4733 of the Balanced Budget Act of 1997, states have the option to provide Medicaid to working people with disabilities whose earnings are too high for them to qualify for Medicaid under existing rules. A person may qualify if he or she:
1. is part of a family whose net income is less than 250% of the national poverty level for its size (i.e., the poverty limit for a family of three is about $40,000);
2. meets the definition of disabled under the Social Security Act and would be eligible for Supplemental Security Income (SSI) payments he or she were earning less.
A person is not required to be receiving SSI to be eligible for Medicaid Buy-In. However, if a person is not an SSI recipient, the state decides if he or she is disabled.
The fact that the individual is working will not be considered when making the disability decision for this law.
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