Work, Assistive Technology, and Transition-Aged Youth Funding for Work-Related Assistive Technology Through Special Education Programs, State Vocational Rehabilitation Agencies, Medicaid, Medicare and SSI’s Plan for Achieving Self Support March 17, 2009 National Disability Rights Network 2009 Annual Conference 1
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Work, Assistive Technology, and Transition-Aged Youth
Work, Assistive Technology, and Transition-Aged Youth. Funding for Work-Related Assistive Technology Through Special Education Programs, State Vocational Rehabilitation Agencies, Medicaid, Medicare and SSI’s Plan for Achieving Self Support March 17, 2009. National Disability Rights Network - PowerPoint PPT Presentation
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Work, Assistive Technology, and Transition-Aged Youth
Funding for Work-Related Assistive Technology Through Special Education Programs, State Vocational Rehabilitation Agencies, Medicaid, Medicare and SSI’s Plan for Achieving Self Support
March 17, 2009
National Disability Rights Network2009 Annual Conference
1
Presenters….
James R. Sheldon, Jr., Esq.National Assistive Technology Advocacy Project
Steven Elliot, Esq.Advocacy, Inc.Austin, Texas
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Purpose of Session
• Look at transition – From high school to college– From college to work
• Look at expected AT needs
• Look at several funding sources
• Age 17, cerebral palsy
• High school junior
• Regular classes – OT, PT, speech
• Resides with mother, stepfather, brother $420 Social Security Survivors benefits Not eligible for SSI or Medicaid
• Disabled and requires special education services
• Must need special education to qualify for related services
• Services pursuant to IEP
• Services must ensure “educational benefit”
• Education in least restrictive environment
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Special Education – Eligibility for AT
• AT device, AT service defined in IDEA
• Key questions– Needed for educational progress– To remain in least restrictive setting– Prepare for adult life
13
Special Education – Sharon’s Eligibility for AT
• AAC Device – can be funded– To communicate with teachers, peers– Software, training can be funded– Home use allowed to ensure benefit from AT
• Laptop computer – can be funded– Meet increased homework demand– Prepare for transition to college
Ownership an issue with both items
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Special Education – Sharon’sEligibility for AT
• Ceiling track lift, access ramp, modified van– Special education not responsible– No direct connection to education– Not needed to “prepare for” college
• Power wheelchair– Can pay for mobility equipment in some cases– Can meet needs in school with current wheelchair
15
Vocational Rehabilitation Agency– Eligibility for Services
• AT must be necessary to achieve work goal or benefit from other VR service
• Broad range of AT devices available– Prosthetic devices– Specialized transportation– Vehicle modifications– Adapted computer equipment– Home modifications if necessary to benefit
from VR program
17
Vocational Rehabilitation –Financial Need Criteria
• State option to have needs test• Most services subject to financial need• Exempt from financial need criteria:
– Diagnostic services– Counseling, job placement– Personal assistance, interpreter, reader
services
• SSDI, SSI recipient automatically meets financial need criteria
18
VR Agency – Sharon’sEligibility for AT
• Financial Needs Test– Sharon eligible for SSDI and SSI at age 18– Will then be exempt from financial needs test
• Power wheelchair, AAC device– Technically, both can be funded– Both needed to succeed at work goal– Practical issue – Medicaid or Medicare should
fund
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VR Agency – Sharon’s Eligibility for AT
• Laptop with accessories, access ramp– Funded if necessary to success of VR plan
• Ceiling track lift– She has argument if necessary to get her out of home
to attend school– Mechanical equivalent of personal assistance
services which are covered
• Vehicle purchase, modification– A few states authorize lease or purchase– Modifications clearly covered
20
Medicaid – Eligibility for Program
• SSI recipient – Medicaid automatic in 39 states, District of Columbia
• Medicaid spend down – available in two thirds of states
• Medicaid buy-in – special program for workers with disabilities, 43 states
• Medicaid waivers – optional program, may ignore income/assets of spouses, parents