© 2015 Empire Justice Center

Returning to Work with HIV: Effect on Government Benefits

Presented by:

Doris Cortes, Empire Justice Center

Saima Akhtar, Empire Justice Center

Amy Lowenstein, Empire Justice Center

Sally Friedman, Legal Action Center

November 12, 2015

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Technical difficulties?

Call 518-474-3213 and ask for Cassandra Kahl, or email her at cassandra.kahl@health.ny.gov

OR

Click on “chat-technical qu’s” box –right side of your screen

Who are Your Trainers?

Doris Cortes, Empire Justice Center

Saima Akhtar, Empire Justice Center

Amy Lowenstein, Empire Justice Center

Sally Friedman, Legal Action Center

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Who is the Empire Justice Center? Empire Justice Center is a not-for-profit law firm.

Our mission is to protect and strengthen the legal rights of people in New York who are poor, disabled or disenfranchised through systems change advocacy, training and support to other advocates and organizations, and high quality direct civil legal representation.

Website: www.empirejustice.org

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Who is the Legal Action Center? Nonprofit law & policy work: HIV, substance use, criminal

justice

Website has many resources! www.lac.org

• Free publications, free webinars and more

Free legal services: privacy, discrimination (HIV/AIDS, substance use, criminal record) (212) 243-1313. lac.org/what-we-do/hivaids/

Visit LAC on Facebook and Twitter

https://www.facebook.com/pages/Legal-Action-Center/117162234980967

https://twitter.com/lac_news

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Today’s training

How employment can affect government benefits for:

SSI/SSDI

Public Assistance

Health Insurance

HASA (New York City)6

Why Employment Matters

Employment:

Key social/economic determinant of health (CDC & WHO)

Central to “Ending the Epidemic By 2020: NYS’s Blueprint Plan to End the AIDS Epidemic”

Facilitates long-term adherence & viral suppression (27% higher odds of optimal adherence to antiretroviral meds in studies of over 8,000 people)

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Why Employment Matters

Benefits to mental health through employment:

Improved psychosocial and psychological functioning

Increased self-esteem

Decreased psychological distress

Decreased depression

Lower depressive affect

Higher general morale

Lower anxiety

Higher perceived quality of life 8

ACCES-VR

Good employment resource:

ACCES-VR: NYS vocational rehabilitation agency• Serves people with disabilities

• 15 District Offices

• Additional satellite

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How Will Employment Affect SSI/SSDI?

Presented by: Doris Cortes, Empire Justice Center

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SSI Work Incentives

SSI is a needs based program

Eligibility requirements

• Categorical eligibility

• Technical eligibility

• Financial eligibility

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Categorical & Technical Eligibility for SSI Categorical

• Aged – age 65 and above

• Blind – same criteria as social security

• Disabled – same criteria as social security

Technical

• Citizen or qualified alien

• Residency

• Must apply for any other benefits

• Cannot be fugitive felon, escaped prisoner, or probation/parole violator

• Cannot be a resident of non-medical public institution, including prison

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Financial Eligibility

Income – any money claimant receives (earned, unearned, gifts, lottery winnings, welfare, etc.) and free or below-cost food or shelter (subsidized by private sources or in-kind)

Resources - assets claimant owns that could be converted to cash or used to buy food or shelter (e.g., bank accounts, life insurance, real property, stocks, bonds, etc.)

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Financial Eligibility, Continued

SSI eligibility and payments are based on income and living arrangements (LAs)

Any earned or unearned income is deducted from maximum possible benefit level to determine eligibility and monthly payment

See http://otda.ny.gov/programs/ssp/#benefits

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SSI Benefit Levels FBR = Federal Benefit Rate 2015

• Living alone and with others: o $733.00 (Individual) $1,100.00 (Couple)

• Living in the household of anothero $488.67 (Individual) $733.34 (Couple)

- Living in Medicaid certified Institution:o $ 30.00 (Individual) $ 60.00 (Couple)

SSP = State Supplement Payment – NY 2015• Individual - $87 or $23• Couple - $104 or $46 15

Income Counted

Earned income: wages (including earnings from sheltered and supported work)or self-employment income (including royalties on published work)

Unearned income: anything not wages: pensions, benefits, dividends, interest, in-kind support, etc.

Deemed income: from parent to child, spouse to spouse and sponsor to alien

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Earned Income Exclusions

Any portion of $20 general exclusion not applied to unearned income

$65/month earned income Impairment-related work expenses [IRWEs] 1/2 of remaining earned income Blind work expenses (for blind persons only) [BWEs] Income set aside in a Plan for Achieving Self-

Support [PASS plan] 17

Calculating Earned Income

Exclude the first $65 (or the first $85, if no unearned income has been counted);

Deduct 1/2 the restThe remainder is countable against the SSI

benefit that would have been paid if there were no countable income.

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Example

James begins earning gross wages of $385 per month He lives alone and has no other income from any source His usual SSI benefit in NY in 2015 was $820/month $385 - $85 (earned and unearned disregards) = $300 ÷2=

$150 countable income $820 (2015 “living alone” rate in NYS) - $150 = $670 $670 = James’s 2015 SSI benefit $1055 = James’s total monthly ($670 SSI + $385 wages)

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SSDI Incentive Earnings Program

Eligibility for Social Security Disability Insurance (SSDI/Title II) depends on disability and “insured status,” based on amount of FICA contributions deducted from pay checks

SSDI monthly benefits are calculated based on wage earner’s FICA contributions

Unearned income and resources generally do not affect eligibility or level of benefits

BUT, earned income does…. 20

Substantial Gainful Activity (SGA)

Earnings above SGA generally preclude eligibility

SGA levels are set annually by CongressSGA in 2015 = $1090 monthlySee http://

www.socialsecurity.gov/OACT/COLA/sga.html

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Trial Work Period (TWP)

BUT… SGA is NOT counted during any 9-month period, within 60 months, in which an SSDI recipient’s gross earnings are more than $780/month in 2015 TWP amount adjusted annually http://www.socialsecurity.gov/OACT/COLA/twp.html

oBeneficiary can work and earn above the SGA limit without the earnings affecting SSDI eligibility

oMonths in which earnings are less than $780 (2015) are not counted towards TWP 22

Extended Period of Eligibility (EPE)

EPE is a period of eligibility that starts with the month after the TWP ends and continues for the next 36 months.

For any month during this period that the beneficiary’s countable earned income is less than the SGA level ($1090 in 2015), full SSDI benefits continues.

When countable earned income is more than the SGA level, SSDI benefits will be discontinued• But benefits will continue for “grace period” of current

month plus two more months before checks are stopped23

SSDI Incentive Earnings Caveat

Despite the availability of work incentives, SSDI (post TWP) remains an all or nothing program

Careful planning will allow most recipients to utilize work incentives until they are secure in their ability to maintain employment.

Professional benefits planners may be available To find local benefit planners, see

http://www.nymakesworkpay.org/rny-benefits.cfm See also http://

www.socialsecurity.gov/redbook/documents/TheRedBook2015.pdf

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Incentive Earnings Caveat

SSA work incentives - under either SSI or SSDI - are available as long as the individual remains disabled according to SSA standards.

A finding of medical improvement will terminate all work incentive availability.

The assignment of a Ticket to Work can protect from medical Continuing Disability Reviews (CDRs) during the return to work process. 25

Ticket to Work

Ticket to Work and Work Incentives Improvement Act of 1999

After 24 months on disability , beneficiary eligible for a ticket to obtain vocational rehabilitation employment services from an approved employment network of his/her choice

Ticket protects beneficiary from losing benefits under a medical Continuing Disability Review (CDR) during the return to work process

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How Will Employment Affect Public Assistance?

Presented by: Saima Akhtar, Esq., Empire Justice Center

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Temporary Assistance (TA) Overview

• Temporary Assistance is the general name used to cover direct monetary assistance benefits from the department of social services. These are ongoing monthly benefits to help pay for housing and basic needs, not one-time grants.– Family Assistance– Safety Net Assistance

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Financial Eligibility for TA

• What is the standard of need?– Rent paid, up to the level of the rent allowance

(also called shelter allowance);– Living or basic needs allowance (sometimes

called Pre-add);– Home energy allowance (HEA) and

Supplemental Home Energy Allowance (SHEA);– Fuel for heating allowance if recipient pays

separately for heat;– Pregnancy allowance, water allowance, or other

special needs grant. 29

TA Financial Eligibility, Continued

• Household income, excluding SSI, can not exceed 185% of the standard of need OR the poverty level.

• In determining household income, all income counts, including unearned income such as unemployment benefits and all but the first $100 of child support 30

TA Income: Stipend to an HIV Peer Educator

• The Temporary Assistance Sourcebook, Chapter 18, states that stipends provided to HIV peer educators are not considered income for purposes of determining a TA budget.

• Administrative hearings have held that this income exemption only applies to stipends, and not wages. See FH# 6237679P (New York City, February 8, 2013). 31

TA Resource Exemptions

• Automobiles (FMV):– $4650 generally, but– $9300 if the car is necessary to work or

look for work.• General resource exemption:

– $2000, or– $3000 if there is a household member

over the age of 60. • Burial plot• Earned Income Tax Credit 32

TA Resource Exemptions, Continued

• Funeral agreement worth up to $1500;• Clothes, household furniture and

appliances;• Personal property necessary for

employment purposes;• Individual Development Accounts • 529 educational savings accounts

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Basic TA Budget with Earned Income – Household with ChildrenThe Rule: In households with children,

$90 disregard of gross earnings and then 50%* of remaining income IF parent has been on assistance 4 of the last 6 months before becoming employed.

Once the initial $90 + 50% of the earnings have been disregarded, each dollar of earnings reduces the TA grant by $1.

* This number is revised effective every June 1 and published annually in an ADM.

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Basic TA Budget with Earned Income Safety Net Assistance – no children

• The Rule: Only the first $90 is disregarded

• Once the first $90 of earned income are disregarded, additional earned income results in a dollar for dollar reduction in the public assistance grant.

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TA as a Route to Eligibility for Other Benefits

• Individuals who are eligible for TA will be categorically eligible for both SNAP and Medicaid.

• In the event that someone on TA has a case that closes due to increased earnings, the SNAP and Medicaid will continue.

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SNAP Overview

• SNAP is the Supplemental Nutrition Assistance Program, formerly known as the food stamp program.

• In New York, SNAP benefits are generally available:– In all households up to 130% of poverty; and– In households with elderly or disabled

household members, or dependent care costs, up to 200% of poverty. 37

Non-Financial Eligibility Factors for SNAP

Household Composition

Eligible/Ineligible Household Members

Student Status

Immigration Status

Work Requirements

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SNAP Work Requirements

• Are voluntary by district—some departments opt in, while others do not.

• For the departments that have work requirements, individuals between the ages of 16 and 60 can be required to work 30 hours per week unless they fall under an exemption, including if they are physically or mentally unfit to work.

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What Income Counts for SNAP Budgeting?

• Earned Income• Gross Wages• Self-employment• Unemployment;• Unearned Income• Public Assistance• SSI, SSD, Retirement, Survivor’s Benefits;• Income from Boarder or Lodger• Worker’s Compensation• Spousal and Child Support

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What Does Not Count as Income for SNAP Budgeting?

• Educational loans, grants or scholarships for tuition and fees;

• Reimbursements for other than normal living expenses;

• HUD or other designated housing subsidies;• Vendor payments to 3rd parties;• Legally obligated child support paid to non-

household members;• Income tax refunds; • Loans

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How Will Employment Affect Health Insurance?

Presenter: Amy E. Lowenstein, Esq., Empire Justice Center

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What health insurance can I have while working?

HIV Uninsured Care Programs*

Medicare

Medicaid

Employer/Union Sponsored

Qualified Health Plan or Direct Purchase

Some Combination of the Above!43

*Not comprehensive health insurance

HIV Uninsured Care Programs5 Programs:

1. AIDS Drug Assistance Program (ADAP) Includes free medication to treat HIV/AIDS,

opportunistic infections, and some other conditions

2. ADAP Plus (Primary Care) Includes free primary care and outpatient

services at select locations

3. HIV Home Care Program Includes home care services and durable

medical equipment

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HIV Uninsured Care Programs (cont’d)

4. ADAP Plus Insurance Continuation Program (APIC) Can pay premiums for Medicare Part D, COBRA,

direct purchase insurance, Qualified Health Plans, sometimes employer-sponsored insurance

5. Pre-Exposure Prophylaxis Assistance Program (PrEP-AP) For HIV negative individuals at high risk of HIV

exposure

Includes screening, testing, counseling and other services

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Eligibility for HIV Uninsured Care Programs Not eligible for Medicaid (but can use ADAP to meet

Medicaid spenddown)

HIV-infection or at risk of acquiring HIV infection

Gross income at or below 435% FPL

• Exclude withholdings for Medicare and Social Security, and cost of health care coverage paid by applicant

Resource limit: $25,000 liquid assets

• Do not include federally recognized retirement accounts

HIV Home Care Program has additional requirement of medical dependency due to physical or cognitive impairment from HIV infection 46

HIV Uninsured Care Programs & Health Insurance HIV Uninsured Care Programs ARE NOT

Comprehensive Health Insurance

• E.g., no emergency and inpatient care, rehabilitative therapy, MRI / CT scan / X-ray

• Programs do not meet requirement to have health insurance under the Affordable Care Act

• Programs are not a way to avoid Medicare late enrollment penalties

The programs can work with other insurance, e.g.:

• May pay your health insurance premium

• May provide homecare to supplement insurance

• ADAP pays Medicare Part D copays and deductibles (for ADAP covered drugs)

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Impact of Work on Medicare

Medicare interacts with employer insurance in complex ways.

Before making any decisions about what to do with Medicare when you return to work, talk to a work incentives or independent living counselor!

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Medicare for Age 65+

If receive Medicare based on age (65+)

• Entitlement to Medicare does not change when you work.

• If receive health insurance through employer, whether you should (or must) keep your Medicare depends on the size of your employer and the coverage.

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Medicare for People who had SSDI If return to work, earn above SGA and continue

to meet Social Security definition of disabled:

• Can keep Medicare during Trial Work Period (9 months) (Part A continues automatically)

• Can keep Medicare an additional 93 months (7 years, 9 months) (Part A continues automatically)

• Purchase Medicare thereafter (indefinitely)

If also have employer insurance, make sure Medicare and employer insurance co. know

• Whether employer or Medicare pays as primary depends on employer size

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Medicaid: Different Paths to Medicaid Automatic Medicaid for People on SSI

• Even if only $1 of SSI.

Automatic Medicaid for People on Cash Assistance

• Includes Emergency Housing Assistance

• Does not include food stamps

MAGI Medicaid

“Disabled Aged Blind” (DAB) Medicaid

Medicaid Buy-In for Working People with Disabilities (MBI-WPD)

Section 1619(b) Medicaid51

MAGI versus DAB Medicaid

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*MAGI = Modified Adjusted Gross Income from tax return

• Childless Adults ages 19 to 64 without Medicare

• Parents/Caretaker Relatives (even if on Medicare or 65+)

• Pregnant Women• Children

MAGI*

• 65+ • Certified Disabled or BlindDAB

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•Parents/Caretaker Relatives•Childless Adults ages 19 to 64 without Medicare•Pregnant Women•Children

MAGIMedicaid

MAGI Medicaid is Expanded Medicaid under the Affordable Care Act

MAGI Medicaid Income Limits

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Eligibility Category Federal Poverty Level Limit – MAGI income

Parents & Childless Adults 138%

Children 1-18 154%

19 and 20-year olds living with parents

155%

Pregnant women, infants 223%

No Resource Limit!!!

MAGI Medicaid Income Counting• Modified Adjusted Gross Income =

• Adjusted Gross Income (AGI) from Tax Returno (Note: IRS rules do not count as income

child support received, workers’ compensation and veteran’s benefits)

• + Excluded foreign income

• + Tax exempt interest

• + All of taxpayer’s Social Security 55

MAGI Medicaid Income Counting (cont’d)Exclude from MAGI:

• Lump sum payments, except in month received

• Scholarship income used for education (not living) expenses

• Certain Native American income

• Income, including Social Security, from tax dependents/children who do not have to file taxes (whether they do or not) 56

Example: James’ MAGI BudgetJames earns $300 per month from a part

time job.

James gets $1,000 in SSD per month.

He is not yet on Medicare.

MAGI is $1,300, which is below the 2015 MAGI level for single ($1,354)

James is Eligible for MAGI Medicaid.

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• 65+ • Certified Blind or Disabled

DABMedic

aid

DAB Medicaid Income & Resource Eligibility (2015)

Lower income cutoff than MAGI.

• But can “spend down” to income limit.

Includes resource limit

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Family Size 1 2

Monthly Income $825 $1,209

Resources $14,550 $21,450

DAB Medicaid Income Counting (generally) Includes a number of income disregards

including paid health insurance premiums

Based on budgeting rules that treat different types of income differently:

• Unearned income: o $20 disregard (applied to earned income if

unearned income less than $20)

• Earned income: o Subtract $65 ($85 if only have earned income)

o Subtract impairment related work expenses

o 1/2 remainder

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Example: James DAB EligibilityJames earns $300 per month from a part

time job.

James gets $1,000 in SSD per month.

He is now receiving Medicare and pays $105/month for his Part B premium

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James’ DAB Unearned Income Calculation

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Unearned Income $1,000

Income disregard - $20

Medicare Part B premium - $105

Net Unearned Income $875

James’ DAB Earned Income Calculation

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Earned Income $300

Earned Income disregard - $65

½ remainder ÷ 2

Net Earned Income $117.50

James’ DAB Budget

James’ income is above the DAB Medicaid level

If he were 65+ he would have a $167.50 per month spenddown – ADAP expenses can help with spenddown

BUT he is under 65 and should instead get Medicaid with no spenddown through the Medicaid Buy-In for Working People with Disabilities!

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Net Unearned Income $875

Net Earned Income $117.50

Net Countable Income $992.50

Medicaid standard (single) -$825

Excess Income/Spenddown $167.50

Medicaid Buy In for Working People with DisabilitiesThe Medicaid Buy In for Working People

with Disabilities (MBI-WPD) is a special program for individuals with disabilities under age 65 who have income from work

Under MBI-WPD, people with disabilities are eligible for full Medicaid benefits without a spenddown at much higher incomes

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Two Categories of MBI-WPD

MBI-WPD Basic Coverage Group

MBI-WPD Medical Improvement Group

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MBI-WPD Basic Coverage Group Eligibility Age 16-64

Certified disabled (including on SSDI)

Working for financial compensation (no minimum number of hours)

Income & Resource under MBI-WPD program limits:

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Family Size 1 2

Monthly Income (250% FPL)

$2,453 $3,319

Resources $20,000 $30,000

MBI-WPD Medical Improvement Group Eligibility Age, income and resource eligibility = same

as Basic Coverage Group

Was previously in Basic Coverage Group

No longer disabled but has severe medically determined impairment (determination by state Disability Review Team)

Work requirement:

• Minimum 40 hours per month

• Earn at least federally minimum wage 68

MBI-WPD Income & Resource Counting Income

• Same budgeting rules as DAB Medicaid (MBI-WPD is a type of DAB Medicaid)

• Cannot spend down to the higher MBI-WPD level

• Can put income above MBI-WPD into a pooled trust

Resources

• DO NOT count Retirement Accounts as a resource!

• All other rules same as DAB Medicaid69

Example: James MBI-WPD EligibilityJames earns $300 per month from a part

time job.

James gets $1,000 in SSD per month.

He is receiving Medicare and pays $105/month for his Part B premium

His income is determined using the same rules used for his DAB budget

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James’ MBI-WPD Budget

James’ countable income of $992.50 is below the MBI-WPD level of $2,453

James is eligible for the MBI-WPD

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Net Unearned Income $875

Net Earned Income $117.50

Net Countable Income $992.50

Example: Morgan

Morgan used to get SSDI but no longer does due to work. She still meets the social security definition of disabled

Morgan earns $4,749 per month (almost $57,000/year) from a fulltime job.

She has no other income

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Morgan’s MBI-WPD Budget

Morgan’s countable income of $2,332 is below the MBI-WPD level of $2,453

Morgan is eligible for the MBI-WPD

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Earned Income $4,749

Earned Income disregard - $85

½ remainder ÷ 2

Net Countable Income $2,332

MBI-WPD Coverage

Same benefits as other DAB Medicaid

No premiums for coverage

• MBI-WPD technically requires premiums for those over 150% FPL, but New York has no provision for collecting them

6 month grace period, if stop working

• May have multiple grace periods, but total amount may not exceed 6 months in a 12-month period 74

Tips for Accessing the MBI-WPD Local DSS worker may not be familiar

with MBI-WPD program

Write “MBI-WPD” in HUGE letters on Medicaid application & renewal

Provide documentation about the program with application & renewal

NYSDOH Toolkit on MBI-WPD: https://www.health.ny.gov/health_care/medicaid/program/buy_in/docs/working_people_with_disabilities.pdf

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Section 1619(b) Medicaid

Allows people who lose SSI due to work to continue to get Medicaid

Eligibility automatically determined by SSA, but must report wages!

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1619(b) Medicaid Eligibility

Lost SSI due to wages

Gross earned income under $47,499 / year (2015)

• Could be higher on individualized basis depending on other factors such as actual Medicaid costs

Unearned income & resources below SSI level

Continue to be disabled or blind under SSA criteria

Received SSI or 1619(b) benefits in a month during prior 12 month period

Used Medicaid in last 12 months, expect to use Medicaid in next 12 months, or would not be able to afford medical care if injured/ill in next 12 months

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Example: Maria

Maria is single.

She stops getting her SSI check when she returns to work and starts making $24,000 per year.

Her gross income is less that NY’s 1619(b) income threshold of $47,499

Maria will get Medicaid under 1619(b) if she continues to meet the other criteria

Remember: If Maria’s income gets too high for 1619(b), she may be eligible for the MBI-WPD

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Other Health Insurance Options Employer or Union Sponsored Insurance

Insurance through the NYS Marketplace (if not on Medicare) (APIC may be able to help with premiums if eligible):

• Essential Plan (starts 2016) if household income 138-200% FPL. No or low premium & cost sharing.

• Qualified Health Plan (QHP) with lower cost premiums (advanced premium tax credits (APTC) and reduced cost sharing if income 200-250% FPL

• QHP with lower cost premiums (APTC) if income between 250-400% FPL

• Full pay Qualified Health Plan

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Marketplace Coverage 2016+

80Childless

AdultsParents 19-20 Year

Olds Living w/Parent

Children 1-18

Infants <1 Pregnant Women

0%

50%

100%

150%

200%

250%

300%

350%

400%

138% 138%155% 154%

223% 223%

Medicaid Essential Plan CHIP APTC + CSR APTC

How Will Employment Affect HASA Benefits?

Presented by: Sally Friedman, Legal Action Center

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Summary of HASA benefits

Financial benefits:

o Food & Other (F&O) –

$376/month ($188 semi-monthly)

o Rent assistance:

Enhanced rent subsidy up to $480 for 1st HASA eligible person, and up to $330 for each additional household member. Plus – exceptions.

30% rent cap if have outside income (earned and unearned) and are already getting cash assistance from HASA.

o SNAP & Medicaid82

Summary of HASA benefits

• Social services include:

oHousing – Congregate care and scattered site

oHome care and Homemaker services

oCase management

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Peer workers & HASA benefits

Peer workers

• Peer stipends do NOT affect or reduce any HASA benefits (financial and social services)o HASA “disregards” all peer stipends when budgeting.

o Per OTDA directive, 8/23/94 (see below)

o No time limit

• BUT must submit documentation or HASA will find the income and count it!! Best to do within 30 days.

• Peer Educator Stipend Exemption Form available at https://otda.ny.gov/policy/directives/1994/INF/94_INF-41.pdf 84

Employment & HASA benefits

Income affects financial benefits (F&O and rental assistance) – but not social services.

• Can still get case management, live in HASA housing, etc.

• Let’s see how earned income affects financial benefits….

85

Employment & HASA benefits

Food & Other

• Income will reduce F&O dollar for dollar

Example #1

o Joe begins a job; $500 semi-monthly. Joe won’t receive any F&O. Earns more than full F&O amount $188.

Example #2

o Joe’s hours are slashed. Only earns $100 semi-monthly. Instead of full F&O ($188 semi-monthly), Joe will only get $88 semi-monthly:

$188 (full F&O) - $100 (income) = $88.

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Employment & HASA benefits

Rent assistanceCan Joe maintain eligibility for 30% rent cap if gets job paying $1000/month (gross salary)?

• Maybe – through HASA’s Work Opportunities Program – “disregards” some earned income when calculating budgets of HASA clients who already get cash assistance.

• But one year only, unless Joe’s household includes children under 18 (in which case, no time limit).

Continued on next slide….87

Employment & HASA benefits

Rent – Will Joe keep 30% rent cap?

• Joe has active cash assistance case, so HASA will use the income “disregards” when budgeting:

• HASA disregards first $90/monthly (per OTDA policy)

• Then disregards 50% of the balance of Joe’s income.

• If – after subtracting rent – Joe has no more than $376 left, he’ll be eligible for the 30% cap.

88

Employment & HASA benefits

Rent – Here’s how it works for Joe

• Rent is $1,000, and HASA pays all of it.

• Joe’s expected part time salary is $1000/month gross ($500 semi-monthly).

• Approximation of how income disregards will work (not exact formula, which is applied to semi-monthly income):

$1,000 (salary) - $90 (OTDA disregard) = $910.

$910 x 50% (HASA disregard) = $455.

$455 - $1000 (rent) is a negative number. That’s less than $376, so Joe is eligible for 30% rent cap.

89

Employment & HASA benefits

Rent – Will Joe keep 30% rent cap? (cont.)

o BUT if Joe’s income, after subtracting “disregards” ($90 plus 50% of the balance) is more than $376 monthly, Joe will not be eligible for the 30% rent cap.

Will Joe be able to stay in scattered site housing if his income is too high for 30% rent cap?

Yes. But he’ll have to pay a larger share of rent – as he would in private market housing.

90

Employment & HASA benefits

Rent: What about Mary – never on HASA cash assistance?

• Heard about 30% rent cap. Can she get it? Earns $1680/monthly in a job. $1200 rent.

• Sorry, Mary! Income disregards only apply to existing HASA cash assistance clients.

• $1680 (salary – no disregards!) – $1200 (rent) = $480. That’s more than $376, so Mary is not eligible for 30% rent cap.

• Mary can be a HASA client – eligible for caseworker, home care, other social services. But not financial assistance.

91

Employment & HASA benefits

Rent -- exampleo But if Mary’s rent were at least $104 higher, she

would be eligible.

o $1680 (salary) - $1304 (rent) = $376.

o Similarly – if her salary were at least $104 lower, she’d be eligible.

92

Employment & HASA benefits

When to report income?o Must report within 30 days (from when began earning

income) – or possible recoupment for overpayment. HASA likely will find unreported income.

o HASA says it will not recoup for the first month of salary (while also getting cash assistance), provided you report it within 30 days. But they will recoup if don’t report income after first month.

o Bring all paystubs for that month (weekly, every 2 weeks, semi-monthly).

o HASA averages the hours, if they vary.

o If hours go down in a future month, let HASA know so they can re-calculate budget in your favor.

93

Employment & HASA benefits

Can Joe & Mary put any extra earnings into the bank?• Only up to $2,000, without affecting his HASA

eligibility.

• $2,000 “resource” limit for single person.

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Return to Work & Benefits Resources Work Incentive Planning & Assistance (WIPA)

Agencies – benefits counseling for people returning to work http://www.chooseworkttw.net/findhelp/

Independent Living Centers – independent living and benefits counseling and advocacy http://www.acces.nysed.gov/vr/independent-living-centers

New York Employment Services System (NYESS) – information on resources and incentives to return to work http://www.nyess.ny.gov/Consumer/index.html

The Red Book - A Guide to Work Incentives – SSA publication on work incentives for people on SSI/SSDI https://www.socialsecurity.gov/redbook/

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Questions?

Email your questions relating to SSI/SSDI, Health Insurance and Public Assistance to:

o Michelle Peterson, Training Manager, mpeterson@empirejustice.org

Questions relating to HASA only, contact Legal Action Center

o (212) 243-1313, www.lac.org

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Did you register?

If you haven’t officially registered with the NYS Department of Health AIDS Institute, http://www.hivtrainingny.org/ please DO IT NOW!

Get credit for your attendance!

Contact Michelle Peterson, mpeterson@empirejustice.org

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Thank you!

This concludes the webinar.

Thank you.

And thanks to the AIDS Institute, New York State Department of Health.

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