Our 2014 presentation on disability rights, encouraging work for everyone, and common benefit concerns when people with disabilities are working.

1. WHERE DO YOU WORK?
This document contains general information for educational purposes and should not be construed as legal advice. It is not intended to be a comprehensive
statement of the law and may not reflect recent legal developments. Created in 2014 by Disability Rights NC.

2. “WHAT IF…?”
· What if you never got to make a mistake?
· What if your money was always kept in an envelope where you
couldn't get it?
· What if you grew old and never knew adulthood?
· What if your only chance to be with people different from you
was with your own family?
· What if the job you did was not useful?
· What if you never got to make a decision?
· What if you never got a chance?”
-Linda Stengle, Laying Community Foundations
for Your Child with a Disability
Picture: Keys
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3. Why We Advocate That
People With Disabilities Work
·$1,145/month August
2014 average SSDI
benefit
·$972/month
2014 poverty guideline
for household of one
·$553/month August
2014 average SSI benefit
Picture: dollar bill with
(ages 18-64)
pennies stacked on top.
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4. Scenarios:
Encouraging Work

5. Franklin
Franklin is 35 years
old and has been
receiving SSDI
benefits since he
had a TBI 5 years
ago. He just had
his second child
and would like to
return to work to
bring more money
into the household.
Picture: father and daughter. 5

6. Franklin (2)
· Trial Work Period – individual can earn over Substantial
Gainful Activity (SGA) limits for a total of 9 total months
(do not have to be consecutive) and none of the earnings
will be counted for purposes of benefit eligibility
· Extended Period of Eligibility (EPE) – for 36 months after
TWP, receive SSDI for any month earnings fall below SGA.
· Expedited Reinstatement – if the individual has
demonstrated ability to earn SGA and benefits have
stopped, but is now unable to continue earning SGA, the
individual can request expedited reinstatement of
benefits up to 5 years later without having to complete a
new application.
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7. Franklin (3)
If Franklin uses the Ticket to Work program:
· He receives a “ticket” that he can assign to an
Employment Network. In return, the Employment
Network will provide him with vocational services and
equipment to aid him in finding or maintaining
employment, and will earn payment commensurate with
his success in employment.
· Suspension of Medical Continuing Disability Reviews
(CDR) – if the Ticket is assigned before notice of a medical
CDR is given, no CDRs will be conducted while Franklin is
participating and making progress in the Ticket to Work
program.
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8. Franklin (4)
If Franklin is receiving SSDI of $1100/month and finds
a full-time job earning $35,000 per year.
· First twelve months:
- maintains SSDI during trial work period and
extended period of eligibility. Total income: $4000
per month
· After TWP, SSDI benefits cease
- Monthly income of about $2900 still far exceeds
SSDI, and enables income growth not tied to SSDI
limits
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- Remains Medicaid eligible through the Medicaid

9. Jasper
Jasper is 16 years
old and has
autism. When he
graduates from
high school,
Jasper plans to
work and have an
apartment.
Picture: Boy standing in front of
periodic table of elements.
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10. Jasper (2)
If Jasper has SSI, are he and his parents aware of available work
incentives*?
· Plan To Achieve Self-Support (PASS) plan: individual with disability is
allowed to save up money towards work goal. For example, allows
individuals to save up money for vehicle, wheelchair, or computer if
needed to work. (If not for the PASS plan, the money saved would be
considered an “asset” that counts against Jasper in determining his
SSI eligibility.)
· Student Earned Income Disregard: individual under age 22 who is
regularly attending school is allowed to earn up to $1,730/month,
and up to $6,960/year, and it will not be counted as income for
purposes of calculating SSI benefit amount.
*Consult a Work Incentives Planning Agency (WIPA) for help.
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11. Jasper (3)
As a student with autism enrolled in public school, Jasper
should already be identified as a student with a disability
and be receiving special education services under an IEP.
 A student with an IEP has the right to
a transition plan.
- Age 14+: must include
statement of need for services
to support student’s transition to
“life after high school”
Picture: student
- Age 16+: must set goals to be met during high school to help
student transition, and identify the services needed to meet
goals (parents may consider advocating for this stage of
planning to begin at 14 for students with complex needs)
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12. Jasper (4)
Transition Plan goals
to be addressed:
 additional
education
 employment
 living
arrangements
 community
participation
Is the plan “real”?
· The plan is specific
about how student
will reach goals.
· Other agencies are
included in
planning, such as
VR, mental health.
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13. Jasper (5)
Additional referrals/resources for Jasper:
· Vocational Rehabilitation
- May pay for college tuition and supplies
- May provide supported employment services
- May pay for vehicle modifications and other
independent living needs
· Managed Care Organization (MCO):
- These entities manage publicly-funded behavioral
health services, including Supported Employment,
CAP I/DD (Innovations Waiver)
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14. Mercedes
Mercedes has just graduated from
high school. Mercedes has
significant physical disabilities
and receives personal care and
other medical services through
Medicaid. She is fearful about
trying work because she is
worried about losing Medicaid.
Picture: woman reading book. 14

15. Mercedes (2)
Mercedes should be made aware of Health Coverage for
Workers with Disabilities (the Medicaid Buy-In). Individuals
who are eligible:
- are between the ages of 16 and 64
- have a disability (as defined by the Social Security
Administration)
- are working
- have unearned income (e.g. SSDI, SSI, alimony)
under 150% of the federal poverty level. There is no
earned income limit.
Fees and premium amounts included in manuscript attachments.
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16. Jack
Jack receives
$721/month of SSI
and is interested in
trying work. He’s
not sure whether
he wants to work
part-time or full-time.
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Picture: man looking at stock prices

17. Jack (2)
-Job pays $10/hour
-20 hours/week
· Jack will earn
$866/month
· Jack’s SSI will be
reduced to $331;
he will maintain
Medicaid
· His overall income
will increase to
about $1197/month
· Job pays $10/hour
· 40 hours/week
· Jack will earn
$1,733/month.
· Jack will lose SSI
cash payment.
· Maintains
Medicaid through
buy-in.
· Free from
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burdens of SSI

18. EMPLOYMENT RIGHTS:
ADA OVERVIEW
Picture: people working in an office.

19. ADA Definition of Disability
· a physical or mental
impairment that
substantially limits
one or more major life
activities
OR
· a person with a record
of such an impairment
(even if that record is
inaccurate)
OR
· a person who is
regarded as having
such an impairment
In contrast to the
definition of
disability used by
SSA, the ADA
definition of
disability does not
turn on the ability
to work or do a
certain kind of
work.
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20. ADA Definition of Disability (2)
Substantially Limits
· An impairment is a
disability if it
substantially limits the
condition, manner, or
duration under which
an individual can
perform a major life
activity as compared to
most people in the
general population
Duration
· Temporary, non-chronic
impairment of short
duration (like broken
bone) usually not
substantially limiting
· Impairments that are
episodic or in remission
are disabilities if
substantially limiting
when active
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21. ADA Definition of Disability (3)
Major Life Activities include,
but are not limited to:
· Hearing
· Speaking
· Breathing
· Learning
· Working
· Standing
· Lifting
· Bending
· Concentrating
· Thinking
…and major bodily
functions:
· Immune system
· Normal cell growth
· Digestive
· Bowel
· Bladder
· Reproductive functions
· Neurological
· Brain
· Respiratory
· Circulatory
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· Endocrine

22. Who does the ADA not cover?
Some people are explicitly excluded from
coverage, including:
· current users of illegal drugs
- those with a history, but who are not current
abusers of drugs or alcohol are covered
- employer may conduct drug tests on
employees for illegal drugs
· transgendered, homosexual, and bisexual
individuals
· those who have the conditions of compulsive
gambling, kleptomania, or pyromania
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23. Reasonable Accommodation (1)
· Before rights attach, must establish that individual is
“qualified” to do the job – meaning he or she can,
with or without reasonable accommodation, perform
the essential functions of a desired job or job
currently held.
· A reasonable accommodation is any modification,
adjustment, or change to the work environment that
will enable a qualified person with a disability to
perform the job or to access the benefits available to
similarly situated employees who do not have a
disability.
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24. Reasonable Accommodation (2)
· Individuals must ask for reasonable
accommodations; accommodations
must be provided at the
employer’s expense.
· An employer may request medical
documentation substantiating the
employee’s need for an
accommodation if the disability (or
disabilities) and the nature of the
employee’s physical limitations are
not obvious.
· Defense: undue hardship
Picture: accessible parking sign.
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25. Leave As An Accommodation
· Employer must grant leave
unless it would be an undue
hardship.
· Employer must hold job open
during leave. If holding job
open would cause an undue
hardship, employer must
consider reassignment.
· Employer may offer a different
accommodation (such as
telework or modified
schedule) than leave if still
Picture: calendar effective. 25

26. FMLA/ADA Overlap
· Disability-related leave from work may sometimes qualify
as a reasonable accommodation under the ADA and
leave under the FMLA.
· If both laws apply, employer must provide leave under
whichever statute provides the greatest rights to
employees.
· If both laws apply, an employee can request additional
leave beyond 12 week FMLA leave (or 26 weeks for
military) as a reasonable accommodation under the ADA.
· If leave qualifies as FMLA leave, the right to leave is
absolute. FMLA does not consider the “reasonableness”
of the leave.
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27. Statute of Limitations - ADA
· Within 180 days of the discriminatory act, an
employee must file an administrative complaint with
the Equal Employment Opportunity Commission.
· This is an administrative remedy which must be
exhausted before individual can file court action, and
can include mediation with the employer in an
attempt to resolve the complaint.
· If EEOC does not find a violation, employee receives
a “right to sue letter” and has 90 days to file lawsuit
in court or forfeit rights under ADA
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28. New Laws
· Workforce Innovation and Opportunity Act (WIOA):
Increased emphasis on employment of individuals
with disabilities, particularly transition-age youth.
· Home and Community Based Services (HCBS)
regulations: defines “community based services”
that can be supported with federal funds (and which
cannot).
· Executive Order 13658 (Establishing A Minimum
Wage For Contractors): 14(c) subminimum wage
must be calculated based on $10.10 minimum wage
for federal contractors.
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29. Contact Information
Disability Rights North Carolina
3724 National Drive
Suite 100
Raleigh, NC 27610
919.856.2195
877.235.4210
888.268.5535 TTY
919.856.2244 fax
www.disabilityrightsnc.org
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