[NYAPRS Enews] Ducker: What's a PASS PLAN and What's So Great About it?

[Harvey Rosenthal]

NYAPRS Note: For more information, see
http://www.ssa.gov/pubs/11017.html or
http://www.socialsecurity.gov/disabilityresearch/wi/pass.htm. 

 

What's a PASS PLAN and What's So Great About it?

By W. Marc Ducker, Esq., CPRP

 

Consumer Link Newsletter December 2007    

Mental Health Association in Nassau County

 

A Social Security Plan for Achieving Self-Support (known as a PASS)
allows a person with a disability to set aside income and/or resources
for a specified period of time for a work goal, and have that money
supplemented by Social Security with SSI. A person could set aside money
for an education, vocational training, or starting a business, and also
things necessary to reach such job goals, such as a computer or a car.

 

The plan can help a person establish or maintain SSI (and full Medicaid
eligibility without a spenddown): since funds set aside do not count
against SSI income or resource limits, a PASS can enable a person to
maintain or establish SSI (and Medicaid) eligibility when the person
would otherwise be ineligible due to excess income or resources. A PASS
can also increase the person's SSI payment amount (when income is
excluded). But a person who receives the maximum SSI (i.e., has no other
source of income than SSI) is not eligible for a PASS Plan.

 

For example, Joan S. needed a car to get to a good job. She put all of
her $700/mo. SSD into a PASS plan account that she opened after getting
her PASS application approved by SSA. She thereby qualified for $700 in
SSI because she had no countable income during the period she was saving
up for the car, car insurance and registration.

 

Expenditures that are permissible under a plan are determined on a
case-by-case basis depending upon the expressed goal of the plan,
capacity for self-support, feasibility of the plan, etc. The objective,
or job goal, specified in the plan is the controlling factor. That is,
any expense which enables the person to reach the objective may qualify
under a PASS; expenses which are incurred after the objective is reached
are not covered

by PASS.

 

Individuals who had a plan previously that did not result in the
intended capability of self-support, may try again with a new PASS with
a new occupational objective. A PASS can also be modified if the
original occupational objective appears too stressful or the person is
unable to complete it as originally outlined.

 

While a PASS may be approved for an initial period of 18 months, it can
be extended for an additional 18 months if necessary to complete the
plan, upon a satisfactory review of the person's compliance with the
plan. For plans involving educational or training programs, an
additional 12-month extension is allowed following another compliance
review.

 

Expenses which may qualify under a PASS include expenses for public
transportation, paying someone to drive the person to and from work, and
purchasing and/or maintaining a vehicle (Note that a vehicle purchased
under a PASS does not have to be specially modified). But do remember
that the vehicle must be used to complete the occupational goal, or must
allow the person to achieve the goal after completing the PASS.

 

The goal for any PASS should be realistic and attainable by the person
applying for it. Supportive letters from VESID (the New York State
Vocational and Educational Service for Individuals with Disabilities),
or the person's therapist, or past or current employer are helpful;
remember, Social Security will make the final determination on a PASS
(there are appeal rights to a denial of PASS).

 

Also, once a person achieves his plan, and becomes self-supporting,
Medicaid benefits do not necessarily have to stop; because he was once a
recipient of SSI (made eligible due to PASS), he can remain eligible for
Medicaid benefits under S1619(b) of the Social Security Act.

 

Marc Ducker is Community Information Specialist for Consumer Link &
assists people with PASS Plan applications. (Call him at 516-4889-0100
x1203 ). He also is co-editor of this newsletter.

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