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2012 Red Book

(En Español)

Introducing The Red Book 2012
What's New In 2012?
CONTACTING US
HOW DO WE DEFINE DISABILITY?
OVERVIEW OF OUR DISABILITY PROGRAMS
RETURNING TO WORK
HOW DO EMPLOYMENT SUPPORTS HELP?
Resources To Assist You Return To Work
SSDI And SSI Employment Supports
SSDI Only Employment Supports
SSI Only Employment Supports
Special Rules For persons Who Are Blind
Additional Help With Health Care For persons With Disabilities
Example Of Concurrent Benefits With Employment Supports
Demonstration Projects Update
Glossary
 


SSI ONLY EMPLOYMENT SUPPORTS


Earned Income Exclusion
Examples of the Earned Income Exclusion
Student Earned Income Exclusion
Property Essential to Self-Support (PESS)
Special SSI Payments for Persons Who Work - Section 1619(a)
Reinstating SSI Eligibility Without a New Application
Special Benefits for Persons Eligible under 1619 Who Enter a Medical Facility
Medicaid While Working – Section 1619(b)
2012 State Threshold Amounts for Persons with Disabilities
2012 States with Separate Threshold Amounts for Blind Persons



Earned Income Exclusion (SSI eligible)


Do we count all your earned income when we figure your SSI payment?

We do not count the first $65 of the earnings you receive in a month, plus one-half of the remaining earnings. This means that we count less than one-half of your earnings when we figure your SSI payment amount.

We apply this exclusion in addition to the $20 general income exclusion. We apply the $20 general income exclusion first to any unearned income that you may receive.

The following table shows two examples of how we apply the general income exclusion and the earned income exclusions.


Examples of the Earned Income Exclusion
Situation 1
 
Ed receives $361 SSDI each month,
wages of $289 each month,
and no other income.
 
 
$ 361
SSDI
   -20
General income exclusion
$ 341
Countable unearned income
 
 
$ 289
Earned income
   -65
Earned income exclusion
$ 224
 
  -112
½ remaining earnings
$ 112
Countable earned income
 
 
$ 341
Countable unearned income
 +112
Countable earned income
$ 453
Total countable income
 
 
$ 698
2012 Federal Benefit Rate
 -453
Total countable income
$ 245
SSI payment
 
Available income:
$ 361
SSDI
 +289
Earned income
 +245
SSI
$ 895
Total Monthly Income
Situation 2
 
Ed receives wages of $450 each month,
no SSDI, and $13 of unearned income
from another source.
 
$   0
SSDI
$ 13
Other unearned income
  -20
General income exclusion
$ (7)
Remaining general income exclusion
 
 
$ 450
Earned income
     -7
Remaining general income exclusion
$ 443
 
    -65 
Earned income exclusion
$ 378
 
   -189
½ remaining earnings
  $ 189 
Countable earned income
 
 
$ 698
2012 Federal Benefit Rate
  -189 
Total countable income
$ 509
SSI payment
           
Available income:
$ 450
Earned income
 +13
Other unearned income
 +509
SSI
$ 972
Total Monthly Income


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Student Earned Income Exclusion (SSI eligible)


How does the student earned income exclusion help you?

If you are under age 22 and regularly attending school, we do not count up to $1,700 of earned income per month when we figure your SSI payment amount. The maximum yearly exclusion is $6,840. These amounts are for the year 2012; we usually adjust these figures each year based on the cost-of-living.

What is the definition of “regularly attending school?” “Regularly attending school” means that you take one or more courses of study and attend classes:

  • In a college or university for at least 8 hours a week; or


  • In grades 7-12 for at least 12 hours a week; or


  • In a training course to prepare for employment for at least 12 hours a week (15 hours a week if the course involves shop practice); or


  • For less time than indicated above for reasons beyond the student’s control, such as illness.
Does home schooling qualify? If you are home taught, you may be considered “regularly attending school” if:

  • You are instructed in grades 7-12 for at least 12 hours a week; and


  • The instruction is in accordance with a home school law of the State or other jurisdiction in which you reside.
If you are home taught because of a disability, you may be considered “regularly attending school” by:

  • Studying a course or courses given by a school (grades 7-12), college, university or government agency; and


  • Having a home visitor or tutor who directs the study.
How do we apply the income exculsion?

We apply the student earned income exclusion before the general income exclusion or the earned income exclusion.

 

How about an example – For this example we are using 2012 amounts

Below are wages that Joan, a student receiving SSI, earned each month in 2012.

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

 

 

 

 

 

$1730

$1730

$1730

$870

$840

$800

$800

Since Joan is a student, she is eligible for the Student Earned Income Exclusion. That means we can exclude a greater amount of Joan’s earnings when we figure her SSI benefit amount. Below are the amounts of Joan’s monthly earnings that we do not count each month subject to the monthly and yearly limits. Remember the 2012 monthly limit is $1,700 and the year’s limit is $6,840. In November, we reach the yearly excludable amount of $6,840.

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

 

 

 

 

 

$1700

$1700

$1700

$870

$840

$30

$0

Below are monthly wage amounts we still count. Since we reached the yearly limit of excludable earnings in November, we must count all of Joan’s December earnings.

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

 

 

 

 

 

$30

$30

$30

$0

$0

$770

$800

Now we apply the SSI Earned Income Exclusion (see page 38) to the remaining countable earnings to any monthly earnings that remain. (Formula: $20 general exclusion plus gross earnings minus $65 and minus one half of the remainder). Here are the earnings we will count when we determine Joan’s SSI monthly benefits.

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

 

 

 

 

 

$0

$0

$0

$0

$0

$342.50

$357.50

If Joan has no other income and is eligible for the full FBR ($698), her SSI benefit amount will be:

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

 

 

 

 

 

$698

$698

$698

$698

$698

$355.50

$357.50


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Property Essential to Self-Support (PESS) (SSI eligible)


How does PESS help you?

We do not count some resources that are essential to your means of self-support when we decide your continuing eligibility for SSI.

What is not counted?

We do not count your property if you use it in a trade or business (for example, inventory or goods) or personal property you use for work as an employee (for example, tools or equipment). Other use of the item(s) does not matter.

We do not count up to $6,000 of equity value of non-business property that you use to produce goods or services essential to daily activities. An example is land you use to produce vegetables or livestock solely for consumption by your household.

We do not count up to $6,000 of the equity value of non-business income-producing property if the property yields an annual rate of return of at least 6 percent. An example is a rental property.

You must be using the property we are excluding under the PESS provision for your self-support activities. If you are not currently using this property because of circumstances beyond your control, you must expect to start using it again within a reasonable period of time, usually 12 months.

What types of resources do not qualify as PESS?

We do not consider liquid resources, for example, stocks, bonds, or notes as PESS, unless you use them as part of a trade or business.


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Special SSI Payments for Persons Who Work — Section 1619(a)


What is Section 1619(a)?

You can receive SSI cash payments even when your earned income (gross wages and/or net earnings from self-employment) is at the SGA level. This provision eliminates the need for the Trial Work Period (TWP) or Extended Period of Eligibility (EPE) under SSI.

How do you qualify? To qualify, you must:

  • Have been eligible for an SSI payment for at least 1 month before you begin working at the SGA level; and

  • Still be disabled; and

  • Meet all other eligibility rules, including the income and resource tests.
How does it work?

Your eligibility for SSI will continue for as long as you meet the basic eligibility requirements and the income and resource tests. We will continue to figure your SSI payment amount in the same way as before. If your state provides Medicaid to persons on SSI, you will continue to be eligible for Medicaid.

Do you need to apply?

You do not need to file a special application. Just keep us up to date on your work activity.


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Reinstating SSI Eligibility Without a New Application (SSI eligible)


How does it help you?

If you have been ineligible for SSI payments due to your work, you may be able to restart your SSI cash payments again at any time without a new application.

If you have been ineligible for SSI and/or Medicaid for any reason other than work or medical recovery, you may be able to restart your SSI cash payment and/or Medicaid coverage within 12 months without a new application. When your situation changes, contact us and ask about how you can restart your SSI benefits and/or Medicaid.

If your cash payment and Medicaid benefits ended because of your work and earnings, and you stop work within 5 years of when your benefits ceased, we may be able to start your benefits again under Expedited Reinstatement.


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Special Benefits for Persons Eligible under 1619 Who Enter a Medical Facility (SSI eligible)


How does it help you?

If you are working and eligible under section 1619, you may receive an SSI cash benefit for up to 2 months while in a Medicaid facility or a public medical or psychiatric facility.

What happens if you enter a Medicaid facility?

Usually, if you enter a Medicaid facility where Medicaid pays more than 50% of the cost of care, your SSI payment is limited to $30 per month, plus any state supplement, minus any countable income. However, if you enter a Medicaid facility while you are eligible under section 1619, we will figure your benefit using the full Federal Benefit Rate for up to 2 months.

What happens if you enter a public medical or psychiatric facility?

Usually, if you are in a public medical or psychiatric facility, you are not eligible to receive an SSI payment. However, if you enter a public medical or psychiatric facility while you are eligible under section 1619, your SSI cash benefits may continue for up to 2 months. For this provision to apply, the facility must enter an agreement with us that will allow you to keep all of your SSI payment.


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Medicaid While Working — Section 1619(b) (SSI eligible)


How does it help you?

After you return to work, your Medicaid coverage can continue, even if your earnings (alone or in combination with your other income) become too high for an SSI cash payment.

How do you qualify? To qualify, you must meet all of the following qualifications:

  • Were eligible for an SSI cash payment for at least 1 month;
  • Would be eligible for cash payment except for earnings;
  • Still be disabled;
  • Still meet all other eligibility rules, including the resources test;
  • Need Medicaid in order to work; and
  • Have gross earned income that is insufficient to replace SSI, Medicaid, and any publicly funded attendant care. (See following “threshold amount” discussion.)
 

The “threshold amount” is the measure that we use to decide whether your earnings are high enough to replace your SSI and Medicaid benefits. Your threshold amount is based on:


  • The amount of earnings that would cause your SSI cash payments to stop in your state; and


  • The annual per capita Medicaid expenditure for your state.

If your gross earnings are higher than the threshold amount for your state (see following chart), you may still be eligible if you have:


Do all states use the same Medicaid eligibility rules?

Most states use our SSI eligibility rules to determine Medicaid eligibility. However, the following states use their own eligibility rules for Medicaid that are different from our SSI eligibility rules:

ConnecticutMinnesotaOhio
HawaiiMissouriOklahoma
IllinoisNew HampshireVirginia
IndianaNorth Dakota 

If you live in one of these States, you will continue to be eligible for Medicaid under section 1619(a) or (b) if you were eligible for Medicaid in the month before you became eligible for section 1619.


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State Threshold Amounts
for Persons with Disabilities
2012

STATETHRESHOLD STATETHRESHOLD
Alabama $25,253Montana $29,752
Alaska $54,352Nebraska $36,651
Arizona $36,921Nevada $30,346
Arkansas $29,587New Hampshire $42,320
California $36,423New Jersey $33,751
Colorado $33,982New Mexico $33,098
Connecticut $68,132New York $46,318
Delaware $39,015North Carolina $34,318
District of Columbia $44,857North Dakota $38,564
Florida $30,259Ohio $34,339
Georgia $28,347Oklahoma $27,521
Hawaii $35,149Oregon $32,440
Idaho $39,775Pennsylvania $30,953
Illinois $27,435Rhode Island $35,894
Indiana $35,280South Carolina $30,018
Iowa $31,066South Dakota $34,014
Kansas $35,225Tennessee $31,464
Kentucky $28,086Texas $31,464
Louisiana $30,157Utah $29,889
Maine $33,919Vermont $37,403
Maryland $39,926Virginia $34,272
Massachusetts $37,685Washington $28,802
Michigan $29,919West Virginia $28,892
Minnesota $50,846Wisconsin $32,044
Mississippi $26,889Wyoming $35,896
Missouri $33,175N. Mariana Islands $17,772

States with Separate Threshold Amounts for Blind Persons
2012


STATETHRESHOLD
California

$37,743

Iowa

$31,594

Massachusetts

$38,187

Nevada

$32,969


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