Paralyzed Veterans Issues Public Comment on Labor Department Notice

WASHINGTON, Nov. 17 -- Heather L. Ansley, associate executive director of government relations at Paralyzed Veterans of America, has issued a public comment on the Department of Labor notice entitled "Request for Information on Proposed Transfer of Ticket to Work Program From the Social Security Administration". The comment was written and posted on Nov. 13, 2020:

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Paralyzed Veterans of America (PVA) appreciates the opportunity to respond to the Request for Information (RFI) concerning a proposed transfer of the Ticket to Work Program from the Social Security Administration (SSA) to the Department of Labor (DOL). PVA is the nation's only congressionally chartered veterans service organization solely dedicated to representing veterans with spinal cord injury and/or diseases.

Because its members are eligible for Social Security disability benefits, PVA has had an historic interest in the Social Security system and in efforts to widen opportunities to work for Title II and Title XVI beneficiaries. PVA was integrally involved in the development and passage of the Ticket to Work and Work Incentives Improvement Act and in 2007 became an Employment Network (EN) under the Ticket Program. Our comments below respond to a number of the questions posed in the RFI based on our long-time involvement with the Social Security system as well as the observations of our PAVE vocational rehabilitation program staff and managers about Ticket to Work (TTW).

What specific program changes could improve the experiences and outcomes for persons accessing the redesigned Ticket Program services through the workforce system?

Under current TTW operations, beneficiaries interested in pursuing employment through TTW are given an 800 number and a very general directory of ENs with which they are expected to find a provider without any guidance or information about which ones best serve their needs. This can be very frustrating for these job seekers and may discourage many of them from pursuing a return to work attempt. We note that the Department's Veterans Employment and Training Service (VETS) will launch an Employment Navigator pilot project in April 2021 to provide one-to-one employment assistance for transitioning military members. There used to be a Navigator position to help Social Security disability beneficiaries in locating an appropriate EN but funding cuts terminated the program many years ago. Reinstatement of this program would be a significant improvement in the experiences of many Ticket users.

What lessons can be taken from current EN models or collaborative AJC program models that can inform a new Ticket program?

While the Rehabilitation Services Administration (RSA) and state vocational programs are contained under the umbrella of the Workforce Innovation Opportunity Act (WIOA), it is unclear if moving TTW to DOL would improve connections with RSA at the Department of Education. Some state vocational rehabilitation agencies (VRAs) have closed their physical operations during COVID-19, making it difficult for clients to reach them. Beyond these current closures, there remain access problems with a lot of America's Job Centers, especially those in rural or remote areas in which the "center" may be nothing more than a computer terminal that clients are expected to use without any guidance or assistance.

Under the existing Ticket program, ENs interact with state VRAs to varying degrees. A particular challenge confronting PAVE counselors is the reassignment of Tickets from a state VRA to PVA. Partnership Plus is a collaborative arrangement between ENs and state VRAs in which the two entities share responsibility for a Ticket holder as well as reimbursement from SSA. While PVA does not currently have any Partnership Plus arrangements in its Ticket program, it is unclear if a move to DOL would improve or increase problems with coordination between ENs and state VRAs.

What payment structures would encourage state workforce agencies to provide robust employment services to persons with disabilities, leading to job placement and ongoing support to ensure job retention?

TTW outcome payments are performance based in that an EN does not get paid until the beneficiary meets certain work benchmarks. However, the current payment systems in TTW seem designed to discourage long-term relations with clients. Once an EN is in the system, it gets paid whether or not the EN continues to connect with a client to offer any support he or she may need. Providing incentives to afford beneficiaries long-term follow-on is a current need within the existing system whether or not it is moved from SSA to DOL.

What challenges within the current Ticket program would potentially remain in a redesigned program administered by state workforce agencies?

ENs must contend with the complexities of Social Security Disability Insurance (SSDI)/Supplemental Security Income (SSI) work incentives and benefits intricacies in working with Ticket holders. Workforce system job centers would have to be capable of tracking beneficiary trial work periods, extended periods of eligibility, Ticket timely progress, income reporting, expedited reinstatement, and other Social Security rules. Many of these issues, if handled incorrectly, can result in significant overpayment issues for beneficiaries, which then discourage further work attempts. It is also possible that these program complexities could prompt Job Centers to avoid serving those with the most significant disabilities.

Are there additional considerations in transferring TTW from SSA to DOL?

DOL is a large agency with a wide array of responsibilities and stakeholders. While some of the programs and divisions within DOL are tasked with ensuring workforce opportunities for people with disabilities (VETS, Office of Disability Employment Policy, Office of Federal Contract Compliance Programs), it is possible that the particular needs of Social Security disability beneficiaries could get lost in a large bureaucracy unrelated to Social Security.

We agree with the concerns raised by other advocates concerning the data systems that Ticket beneficiaries rely on to report wages to SSA to ensure that their monthly benefit amounts are correct. These systems need modernization and could prove challenging for ongoing data sharing between SSA and DOL. As noted above, delays in wage reporting are already a contributing factor in overpayment issues and these problems could be exacerbated if SSA is no longer responsible for TTW.

Because of the complicated interplay of benefits and work incentives, Congress funded Work Incentives Planning and Assistance (WIPA) programs and the Protection and Advocacy for Beneficiaries of Social Security (PABSS) program. These are valuable programs that were located within SSA to leverage the agency staff with sufficient knowledge to manage such programs. DOL must consider whether it has the necessary expertise in SSDI, SSI, Medicaid, and other public benefit programs in order to provide effective services to disability beneficiaries or whether these programs would need to be transferred to DOL as well.

Systemic barriers to work would remain for many beneficiaries. The SSDI cash cliff would still exist which prompts fears of losing access to extended Medicare or Medicaid long-term services and supports. It takes so long for a beneficiary to get benefits that many people do not want to risk losing the financial supports they have and the health care that goes along with those benefits. Until policymakers address these impediments, it will remain difficult for disability beneficiaries to overcome them.

The key questions in evaluating this proposal should be - does a move of TTW from SSA to DOL improve the beneficiary experience and would it encourage use of the Ticket program and return to work for Social Security disability beneficiaries? PVA strongly urges thorough examination of these questions before any such transfer is seriously considered.

Sincerely,

Heather L. Ansley, Esq., MSW

Associate Executive Director of Government Relations

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The notice can be viewed at: https://beta.regulations.gov/document/DOL-2020-0006-0001

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