Policy and Advocacy News – October 2021
A Note from the CEO…
This October we are celebrating the 76th anniversary of National Disability Employment Awareness Month. One of the real barriers to community-based employment for people with disabilities is the fear of losing benefits as they transition away from sub-minimum wage work to real employment opportunities in the community.
Loss of Supplemental Security Income (SSI) eligibility is a serious concern for people with disabilities and their families during job training and the initial employment period when people do not work enough hours to earn an income above the poverty level. I urge you to join me in reaching out to your elected officials to ask for their support of the SSI Restoration Act of 2021 that would increase the amount people with disabilities can earn and save to maintain SSI eligibility.
The bill would also eliminate the archaic penalty that reduces benefits for people with disabilities who are married. By taking this quick and easy advocacy step, you can add your voice to this call for action and provide tangible support for people with disabilities during National Disability Employment Awareness Month.
Lori Anderson, President and CEO
Momentum’s VoterVoice Advocacy Center
Advocacy Contacts
Governor Gavin Newsom
Phone: (916) 445-2841
Fax: (916) 558-3160
Internet Contact Form Access – Here
Twitters: @GavinNewsom
Find Your Representatives
Use the links below to identify your representatives and let your opinion be heard.
National News
Anderson Calls for Passage of Long Overdue SSI Restoration Act of 2021 and Encourages All Advocates to Act Today
In comments submitted to the U.S. Senate Subcommittee on Social Security, Pensions and Family Policy, Lori Anderson, President and CEO of Momentum, called on the Senate to pass S.2065/H.R.3824, the Supplemental Security Income Restoration Act of 2021. S.2065/H.R.3824 would update the Supplemental Security Income (SSI) system by increasing income and asset thresholds to bring them in line with the economic realities of 2021.
The SSI program was established in 1972 to provide a critical safety net for more than 12.3 million Americans with disabilities. While the program was created to keep people with disabilities out of poverty, the asset and income thresholds have not been reviewed and updated since 1989. The result is outdated eligibility criteria that no longer reflects the economic realities of people with disabilities who rely on SSI as their sole source of income or to supplement modest wages.
Of major concern to people with disabilities and their families is the individual asset limit of $2,000 for unmarried individuals in the program. This asset limit has not been increased in 32 years even though the cost of living today is 2.2 times higher according to the Bureau of Labor Statistics Consumer Price Index. This asset stagnation is heightened for married couples who are allowed joint assets of only $3,000 or $500 less per person if they were to remain unmarried.
This unrealistically low asset limit is particularly difficult for people with disabilities who work in the community. As our society at long last moves away from sheltered workshops and subminimum wages, the asset limit needs to keep pace with increased earning potentials and increases in the minimum wage. People with disabilities who make minimum wage or more should be allowed and encouraged to save for everyday life emergencies as all responsible citizens are encouraged, and able, to do.
When emergencies do arise, people with disabilities are threatened with reduced benefits or loss of eligibility if they accept help from family or friends exceeding $20. Again, it has been decades since this $20 threshold has been increased and it fails to keep pace with rising prices.
Although the SSI program was created to keep people with disabilities out of poverty, the current maximum benefit of $794 a month is only 75% of the federal poverty line. And again, people with disabilities who marry are penalized, as the maximum benefit for married couples is only $1,191, or $794 per person.
To allow people with disabilities to live in the community, pursue real community-based employment opportunities, and attend school, including post-secondary options, advocates are strongly encouraged to use Momentum’s advocacy site to call for passage of S.2065/H.R.3824, the Supplemental Security Income Restoration Act of 2021, which would:
Raise and index the maximum assets individuals or couples may have without disqualifying them for SSI to $10,000 and $20,000, respectively.
Update and index SSI’s income rules, allowing individuals to earn up to $399 a month from working and up to $123 a month in assistance from other sources without being subject to a benefit reduction. Such sources could include Social Security, veterans’ benefits, and pension payments.
Eliminate benefit reductions that penalize beneficiaries who receive in-kind help from friends or family, such as groceries or a place to stay.
Federal Investment in Home and Community-Based Disability Supports Faces Uncertain Future on Capitol Hill
The U.S. House of Representatives and Senate continue to struggle in efforts to reach an agreement on the bipartisan infrastructure package, also known as the Build Back Better reconciliation bill, that originally included $400 billion for home and community-based services.
House Speaker Nancy Pelosi has set a new timetable, giving lawmakers until October 31 to strike a deal on both the bipartisan infrastructure bill and the broader Build Back Better package. The Biden administration has proposed trimming the bill to between $1.9 trillion and $2.3 trillion, down from the original $3.5 trillion. This has resulted in proposed spending on the HCBS portion of the bill to be reduced to $190 billion.
The goal of the HCBS funding package is to eliminate the 800,000 plus waitlist for community-based services under Medicaid by increasing federal matching rates for improvements to staffing and pay, expanded eligibility and additional services. Right now, states are required to cover some intermittent home health care but are not required to cover services such as daily personal care or certain types of therapy.
Advocates estimate that at least $250 billion over a decade is needed to adequately fund a broad expansion and convince states to expand their HCBS services.
We are asking all Momentum advocates to act now to ask your representative and senators to support the full $400 billion in funding for HCBS to:
Create a 10-year, 10-percent increase for Medicaid HCBS payments for states that opt-in. States can opt-in by committing to (1) strengthening and expanding access to HCBS programs; (2) strengthening and expanding the HCBS workforce; (3) showing access, workforce, and spending improvements over time; and (4) complying with a strong maintenance of effort.
Create additional incentives for innovations such as improved coordination between stakeholders and support around safety and work quality.
Fund quality and accountability efforts, such as technical assistance to implement the bill and the creation of ombudsperson programs.
Help states plan implementation of HCBS infrastructure, including requiring them to develop plans for implementation with public input.
Make the Money Follows the Person program permanent.
U.S. Department of Education Issues Guidance on the Individuals with Disabilities Education Act in COVID-19 Environment
The U.S. Department of Education’s Office of Special Education and Rehabilitative Services issued important new guidance interpreting requirements of the Individuals with Disabilities Education Act (IDEA) in light of the many challenges posed by the COVID-19 pandemic.
The 41 page guidance emphasizes that the pandemic does not alter IDEA’s guarantee of a free and appropriate public education for students with disabilities. The guidance emphasizes the critical role that individualized education program (IEP) teams, including parents, have in making individualized decisions about each student’s educational needs, including assessing the impact of the COVID-19 pandemic on health and safety considerations and on providing appropriate special education and related services. Also included in the document is guidance related to the following:
How the IEP team should address the health and safety needs of a child with a disability who is at increased risk for COVID-19. These include the use of facial coverings, social distancing, and remote learning.
How parents can use the dispute resolution procedures available under IDEA if the school does not provide necessary accommodations.
If state or local laws or policies limit IEP teams from making sure accommodations are in place in the least restrictive environment.
When students may need their goals revised to reflect a decline in knowledge and skills and whether compensatory services may be warranted (even those who have graduated or passed the age of eligibility for IDEA may qualify for compensatory services).
See the entire guidance here.
California News
Kimberly McCoy Wade Appointed Senior Advisor on Aging, Disability and Alzheimer’s for the Office of Governor Gavin Newsom
Governor Gavin Newsom announced the appointment of Kim McCoy Wade, current director of the California Department of Aging (CDA), as Senior Advisor on Aging, Disability and Alzheimer’s for the Office of the Governor.
Disability advocates and policymakers across California view Governor Newsom’s appointments as a signal that his administration is moving toward a major transformation of community-based services and supports for people with disabilities that looks at the “whole person” with outcomes that are “person centered” and away from systems that are based primarily on compliance.
In her new leadership role, McCoy Wade will advance cross-cabinet initiatives and partnerships between government, the private sector, and philanthropy. She will work on initiatives such as closing the digital divide, developing transportation options beyond driving, expanding emergency and disaster services, and implementing caregiving workforce solutions, to help build a California for all ages and abilities.
McCoy Wade began her new appointment on October 11, 2021.
Californians with Disabilities to Receive SSI/SSP Increase in January 2022
Californians with disabilities who receive benefits through the Federal Supplemental Security Income (SSI) program and the California state Supplemental Security Program (SSP) will receive a cost-of-living adjustment (COLA) in January 2022.
SSI benefits will increase by 5.9%, the largest yearly increase since 1982 when the COLA was 7.4%. These increases are tied to the Consumer Price Index, determined and released each year by the U.S. Department of Labor Bureau of Labor Statistics. Beneficiaries will be formally notified of the increase in early December. To learn more about the SSI increase, visit the Social Security Administration website by clicking here.
Beneficiaries will also see an increase in their California SSP monthly payments. The SSP program is intended to supplement federal SSI payments for Californians over 65 or with a disability. The FY2021-22 state budget contained a $291.3 million appropriation to accomplish this increase, but the amount each beneficiary will receive has not yet been determined. For more information on the California SSP program click here.
Department of Developmental Services Releases Guidance on Restoration of Social, Recreation and Camping Services for Californians with Disabilities
The California Department of Developmental Services (DDS) released guidance regarding the restoration of camping services and associated travel expenses, social recreation activities, educational services for children 3 to 17, and nonmedical therapies, including, but not limited to, specialized recreation, art, dance, and music. The restoration that allows regional centers to fund those services was part of the 2021-2022 State Budget.
The DDS guidance requires that outreach and information sharing should extend to individuals and families who may not typically use these types of services or other regional center purchased services but who may benefit from receiving these services. According to the guidance letter, regional center service coordinators should discuss the availability of these restored services and related consumer needs during the Individual Program Plan meeting.
In related news, the department announced approval by the Centers for Medicare and Medicaid Services (CMS) of two social recreation initiatives submitted as part of the California Home and Community-Based Services plan. The first calls for a one-time expenditure of $12.5 million to support community social recreational connections for children through a multi-year grant program. The grant program will be for regional centers to work with community-based organizations and local park and recreation departments to leverage existing resources and develop integrated and collaborative social recreational activities.
The second initiative includes $78.2 million in on-going funding to expand options for individuals who have a developmental disability to include camping services, social recreation activities, educational therapies for children ages 3-17, and nonmedical therapies such as social recreation, art, dance, and music. Additionally, the proposal provides increased options for underserved communities.
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