Questions and Answers from Plan to Achieve Self-Support webinar on 10/27/2011.

1. I heard that there was a list of eligibility requirements for the PASS, are these requirements a "and" or "or" to each requirement? To be eligible for a PASS plan a person must:  Want to work;  Be eligible for SSI; and  Have other income or resources

2. How would PASS work for someone who receives SSDI but not SSI? Someone who is receiving SSDI may become eligible for SSI by utilizing a PASS plan. In some cases, the reason a person is receiving only SSDI and not SSI is because they don't meet the resource and income limits of the SSI program. If setting aside the SSDI would allow the person to meet the SSI income and resource limits, they may be able to apply for a PASS and SSI simultaneously. In these cases the individual would have to be able to live on just the maximum SSI amount they're eligible to receive. This scenario typically works best for individuals who are receiving an SSDI check of $850 or less because they won't notice much of a difference in the income they have available to spend each month while participating in the PASS plan.

Another important benefit to note about this scenario: when someone is receiving SSI, they are also eligible for SSI-linked MediCal coverage.

3. You had mentioned that with SSI there is a limit of $2000.00 that you can have in your account. Is there a limit if you are receiving SSDI? The SSI program is a needs-based program and consequently has resource limits ($2,000 for an individual or $3,000 for a couple). SSDI is not a needs-based program and has no resource limits.

4. Is there a minimum contribution for the PASS account? There is no minimum contribution amount for a PASS account. Having said that, the PASS Specialist is going to consider the amount of income or resources a person has to set aside, especially in terms of how long it will take the person to save up enough money to purchase the items they need to achieve their occupational goal.

For example, if someone wants to use a PASS plan to purchase a $5,000 car but only has $50 per month to set aside, it would take 100 months (over 8 years!) to save up enough money to purchase the car. The PASS Specialist will need to consider if this is a "reasonable" amount of time when evaluating the PASS application.

5. What happens if a person fails to follow through with their PASS Plan? The PASS Specialist has a couple of options when a beneficiary doesn't follow through with their PASS plan. They can amend, suspend, or terminate it.

The PASS Specialist contacts the beneficiary regularly and can work with the beneficiary to make amendments to the PASS plan if changes need to be made.

The PASS Specialist may also choose to suspend the PASS plan if the beneficiary is not able to participate as agreed in the plan for a period of time. For the duration of the suspension, the beneficiary would no longer be setting aside income or resources into the PASS plan, which would cause their SSI payment to adjust.

Or, the PASS Specialist can terminate the PASS plan. If any PASS funds have been misused, they will be processed as an overpayment. If there are PASS funds left in an account, they will have to be paid back. Approved items purchased under a PASS plan will not have to be returned.

6. You mentioned that it is possible to have $5,000 in the PASS account. This money does not affect their Medi-Cal eligibility ($2,000 limit on assets)? The money set aside for an approved PASS plan does not count as income/resources/assets for the SSI program or for Medi-Cal. Also, it will not count as income or resources for housing assistance provided through the U.S. Department of Housing and Urban Development (HUD) (POMS SI 00870.003 C 2). 7. If a consumer has a PASS plan in place, is it transferable to a new address in another city or county or state? Yes. Since PASS is a work incentive under the Social Security Administration (federal government), a PASS plan can be transferred to another city, county, state or U.S. Territory. PASS Specialists tend to cover large areas of the nation, so the beneficiary may keep the same PASS Specialist depending on where they move.

One thing to keep in mind: the SSI rates vary by state since not all states have a State Supplement Program (SSP) like California does. If a beneficiary moves to another state, they will be eligible for the SSI rate in that state.

8. Does the client have to be in training to qualify for a PASS plan? No. Often, a beneficiary who is involved in some kind of training program is looked to as a potentially strong candidate for a PASS, but it is by no means a requirement.

9. Is there an age limit, & what if you're on SS also? In order to be eligible for a PASS, a beneficiary must be eligible for SSI due to a disability or blindness. When a person is 65 or older and is receiving SSI, it is because of age. However, if a beneficiary is receiving SSI due to a disability or blindness in the month prior to turning 65, they can qualify for a PASS. Someone who qualifies for SSI after turning 65 would not be eligible for a PASS.

The regulations do not state an age minimum, but they do identify individuals under age 15 as "Unlikely PASS candidates" (POMS SI 00870.003 B 2).

10. How could a PASS plan work for a young man who is conserved whose parents are trying to start up some small business opportunities for him? He is 18 and in the school district transition program but we have individualized his transition services and are working on skills at this time to move him into success for the small businesses we have in mind for him by the time he moves out of school services. If the young man is "conserved" his parents are likely his Representative Payee which does not affect his ability to apply for a PASS. As long as he is receiving SSI and has another source of income, he may be eligible for a PASS.

For PASS plans with a self-employment goal, the beneficiary will need to include a detailed business plan with the PASS application. Most communities have resources such as SCORE (http://www.score.org/) to help develop a business plan and provide guidance for small businesses.

If approved, this beneficiary could start setting aside income or resources into his PASS plan to save for start-up costs or other items and services needed to start his business.

11. What is a typical duration or range of time for a PASS? Prior to 1995, the regulations limited a PASS to 36-48 months. This regulation has since been revised. Currently the time frame of a PASS must be reasonable and take into account "the length of time that the individual needs to achieve the individual's employment goal" (POMS SI 00870.006 D 1). The length of a PASS will largely depend on the occupational goal, and the individual.

12. My concern is in California is the SSDI area. In California, when an individual's SSDI amount is larger than SSI allows, it affects their Medi-Cal benefits. You are correct that when someone is receiving SSDI, their SSDI check may be too large to allow them to meet the income and resource limits of the SSI program. In this case, if a person isn't eligible for SSI they aren't eligible for SSI-linked Medi-Cal either.

If someone sets aside their SSDI check into an approved PASS plan, they may qualify for SSI and SSI-linked Medi-Cal. The income or resources they set aside into the PASS plan will not count toward the income/resource/asset limits associated with the SSI and Medi-Cal programs.

13. When calculating for a PASS, do we assume the full SSI benefit ($830.40)? For example, client gets SSDI ($600) and SSI amount ($200). Or will this not work? When doing any calculations, work with the maximum SSI amount that a person is eligible for. The typical amount that we see in California is $830.40, but this may differ based on a person's living arrangements and other factors. For example, someone who doesn't have access to cooking facilities may receive a slightly higher SSI payment, whereas someone who pays less than their fair share of rent may receive a lower SSI payment. Also, if someone qualifies for SSI because of blindness, they will be eligible for a higher SSI rate of $885.40.

In the example you give above, if a person is receiving $600 in SSDI and they are eligible for the typical amount of SSI, the $600 in SSDI would cause their SSI payment to adjust to $250.40. If this person's PASS plan is approved, they can set aside $580 of their SSDI each month and not notice a difference in their spendable monthly income because their SSI amount will maximize.

14. What about someone who is forced to take early Social Security (i.e. Social Security retirement) and SSI, is there an upper age limit? Will they be eligible to apply for a PASS? If someone is receiving SSDI under early retirement (age 62 1/2) it will not change the type of SSI they receive. They will continue to receive SSI-disabled or SSI-blind until age 65 when it will automatically switch to SSI-aged.

Someone who qualifies for SSI after turning 65 will not be eligible for a PASS but if someone is receiving SSI-disabled or SSI-blind in the month prior to turning 65, they will continue to be eligible for a PASS plan as long as they're receiving SSI and have another source of income.

15. What happens when the PASS plan is approved? Do the PASS Cadres guide and follow up on each client to see that the client is actively pursuing the plan? And what happens when client is having difficulty pursuing the plan? What's next? The PASS Specialist will review the beneficiary's progress at least every 6 months, if not more often. When they do the review, they're verifying purchases with receipts and bank statements and making sure the PASS plan is still on track. If the beneficiary is having difficulty pursuing the plan, they should contact the PASS Specialist immediately to discuss the options. The PASS Specialist may be able to remedy the issues with an amendment or perhaps a suspension or termination will be best. The PASS Specialist will work directly with the beneficiary to determine what is best in the circumstances.

16. I have a question about SSDI. Some students who collect this income are not disabled, but are receiving it due to the death of a parent. Do they qualify for the PASS program?

Some beneficiaries receive SSDI based on a parent or spouse's qualifying work history. In this case, the beneficiary is receiving SSDI as a Survivor's benefit, but not necessarily because he/she has a disability. (There are some cases where the beneficiary may actually be receiving a Childhood Disability Benefit (CDB) if they have a qualifying disability with an onset date prior to their 22nd birthday).

Since PASS is an SSI work incentive, a beneficiary of SSDI (whether it’s survivors, CDB, or any other type of SSDI) is not eligible for a PASS plan based on their SSDI status alone. If they are also receiving SSI or may become eligible for SSI due to a disability or blindness, then they may be eligible for a PASS plan.