The Arc@Work Lands Investment in Employment Placement Services from The Walmart Foundation

Washington, DC – The Arc’s employment program, The Arc@Work, is pleased to announce it has received a $245,000, one-year grant from the Walmart Foundation. This funding will be dedicated toward developing innovative programs that place people with intellectual and developmental disabilities (I/DD) in competitive, integrated employment within their communities.

Current research indicates that 85% of people with I/DD are unemployed. The Arc is working with the public and private sectors to change this reality and offer an opportunity for people with I/DD to obtain meaningful career opportunities alongside people without disabilities on an unprecedented scale. New developments include a government directive to hire 100,000 employees with disabilities as well as updated regulations for federal contractors. As a result, the federal government and more than 45,000 contractors that include many Fortune 500 companies are now seeking employees with disabilities like never before. Unfortunately, this current demand cannot be matched by existing workforce systems that support the I/DD community. And without a strong, unified pipeline in place, this population will not benefit from these new guidelines as much as other disability groups.

“For far too long, people with intellectual and developmental disabilities have been relegated to the margins of the working world. Along with private initiatives, new government regulations promise to dramatically increase the number of people with disabilities placed alongside of people without disabilities in integrated, competitive environments. The support from the Walmart Foundation will allow The Arc to build a system that will transform the existing pool of talented candidates with disabilities into productive employees,” said Peter Berns, CEO of The Arc.

The Arc@Work is well-positioned to tackle this challenge, as it has the expertise and resources to harness the current social, political, and philanthropic energy behind workforce development efforts for people with I/DD. For this particular project, The Arc@Work will utilize existing infrastructure, as well as tap sixteen chapters of The Arc to create an increased number of corporate hiring opportunities. Ultimately this model will connect well-qualified job seekers with I/DD to local, regional, and national employers. The chapters that will be involved include UCP Seguin (IL); The Arc of the Midlands (SC); The Arc of Spokane; The Arc of Anchorage (AK); The Arc of Montgomery County (MD); The Arc of El Paso (TX); The Arc of Monroe County (NY); St. Louis Arc (MO); The Arc of Chester County (PA); Berkshire County Arc (MA); Star, Inc. (CT); The Arc of North Carolina (NC); The Arc Davidson County and Greater Nashville (TN); VersAbility (VA); The Arc of Bristol County (MA); and ADEC (IN), each of which will receive an average sub-grant award of $10,000.

Many of these chapters currently offer high-quality employment services for people with I/DD, such as job development, job coaching, as well as skill-building opportunities like preparation for interviews and resume development. Under their guidance, people with I/DD will receive support to secure competitive employment in their communities. Additionally, over the project period, the chapters of The Arc will strengthen their capacity to place people with I/DD into integrated, community-based employment by developing or deepening partnerships with local, regional, and national employers during the project period. Local, regional, or national employers will be able to improve their ability to successfully employ people with I/DD as a result of their partnership with The Arc.

“This grant is an example of the Walmart Foundation’s commitment to modeling one of our core values – Respect for the Individual, “said Carol May, Program Manager of the Walmart Foundation. “We desire to see communities empower all individuals to reach their full potential.”

The Arc advocates for and serves people with intellectual and developmental disabilities (I/DD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of over 650 chapters across the country promoting and protecting the human rights of people with I/DD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.

Managing Legal Settlements

By Neal A. Winston, CELA, Special Needs Alliance®

There are many factors to consider when a family member is seeking legal compensation for personal injuries, whether they result from medical malpractice, a car or workplace accident, or some other mishap. Given the supports that an individual with disabilities might need throughout life, even large sums can prove insufficient and must be carefully managed. Personal injury attorneys are often unaware of how a settlement can affect an individual’s eligibility for important public benefits, and families should ensure that a special needs attorney is consulted as early as possible during the course of their suit.

Liens and Set-Asides

Although personal injury awards are usually not taxable, there may be various liens against the settlement which must be satisfied before putting the money to other uses. If Medicaid, Medicare or, in some cases, private insurers have been paying for injury-related care that has been compensated as part of the settlement, they may need to be reimbursed.

In addition, if the individual is currently on Medicare, or is likely to become covered within 30 months, it may be necessary to create a Medicare Set-Aside (MSA) arrangement. While government guidelines are currently unclear, this can have implications for settlements of $25,000 or more, and legal counsel should be consulted.

Assessing Needs

A candid evaluation of the individual’s short- and long-term needs should guide the family in determining how to manage the remaining funds. Of major importance is whether or not means-tested public benefits such as Medicaid and Supplemental Security Income (SSI) will be required. If such programs will play a role, steps should be taken to ensure that settlement funds won’t disqualify the individual from such programs.

Depending on the size of the settlement and immediate needs, it may be possible to quickly “spend down” the award so that its effect on benefits is short-term. Home renovations to improve accessibility or purchase of a van are among many possibilities.

Another option for smaller settlements is placing up to $14,000 per year in an ABLE account for the individual. Funds held in such accounts are not considered when evaluating someone’s eligibility for Medicaid and SSI and can be used for a wide array of needs relating to the person’s disability. A person is limited to a single ABLE account, the disability must have begun before age 26, and the person must be receiving SSI or Social Security disability benefits, or have a doctor’s diagnosis of a disability meeting Social Security’s definition. If the account balance exceeds $100,000, SSI payments will be suspended, but Medicaid services continue. The maximum value of an ABLE account for Medicaid eligibility without SSI is the same as the maximum value of a 529 college savings account in the state in which the ABLE account is opened. Be aware that upon the beneficiary’s death, funds remaining in an ABLE account must be used to pay back Medicaid for any services rendered on the individual’s behalf after the ABLE account is created.

Larger settlements should be protected in a first party special needs trust (SNT) or a “pooled” SNT account.  While individual first party trusts are administered by trustees chosen by the beneficiary, pooled SNTs are administered by nonprofit organizations.

Like an ABLE account, a first party SNT must reimburse Medicaid upon the beneficiary’s death. In some states, part or all of a pooled trust’s remaining funds revert to the administering nonprofit. Any funds left must then reimburse Medicaid before being available to other beneficiaries.

Distributions

Distributions from a first-party SNT are regulated and must be for the exclusive benefit of the individual for whom the trust has been created. If the money is used for food or shelter, it will reduce SSI payments up to a certain limit. The beneficiary cannot have any individual control over distributions from the trust.

Consideration can be given to reimbursement or compensation from the settlement to third parties in certain circumstances and using the proper procedure without causing benefit program penalties. For instance, a family may have run up significant debt while caring for the injured person. They may have resorted to credit cards or borrowed from friends and relatives. If someone gave up a paying job to care for the individual, they may need to be paid for their services to compensate them for lost pay from their regular work. These are all expenses that might properly be handled with settlement money and are best handled prior to creating the SNT. Money should be held in an escrow account, and payment should be made directly to those to whom the money is owed. Benefit programs have different rules, but most involve a written agreement or understanding reached before the services were rendered for the reimbursement or compensation in order to avoid penalties. Funds passing through parents’ hands could also affect eligibility for benefits. If the individual is a minor or an adult with a guardian or conservator, court approval may be required to make any reimbursement.

Even if government benefits are not a consideration, the beneficiary may need assistance managing the award, in which case a settlement protection trust similar to an SNT, can be established. If initially drafted properly, it may be converted to an SNT at a later date, if necessary.

Investments and Award Management

Trustees have discretion to make a wide range of investments. These might include traditional investment accounts, government insured or guaranteed accounts, life insurance or even real estate, either to produce income or to provide a residence for the beneficiary. Generally, the accounts should only invest in moderate or lower risk entities, and the funds should never be loaned to the trustee or family members. Many states have regulations that control investments and distributions from SNTs and other trusts.

For larger awards, structured payments for a portion of the settlement may be considered. This requires the defendant or his/her insurer to purchase, at the time of the settlement, an irrevocable annuity for the beneficiary that guarantees specific periodic or lump sum payments over an agreed-to period of time. If the timed payments will be large enough to affect eligibility for benefits, arrangements should be made for them to be paid into an SNT and/or an ABLE account.

On the plus side, structured payments are exempt from income tax and have scheduled payouts that ensure that money will continue to be available for a stated period. On the other hand, with interest rates at historic lows, the beneficiary may be locked into long-term dependence on low-performing investments.

Seek Advice

The options for handling a legal settlement are many, with interrelated implications. Families should ensure that a special needs attorney is part of their legal team to ensure that eligibility for means-tested benefits is not jeopardized and other disability-related issues are addressed.

 

The Special Needs Alliance (SNA)® is a national non-profit comprised of attorneys who assist individuals with special needs, their families, and the professionals who serve them. SNA is partnering with The Arc to provide educational resources, build public awareness, and advocate for policies on behalf of people with intellectual/developmental disabilities and their families. A free manual, “Administering a Special Needs Trust: A Handbook for Trustees,” can be downloaded from the SNA website.

Zach’s Big Move Out: An Update on the Morris Family

zachLast year, The Arc published a blog by Ray Morris, founder of Dads 4 Special Kids and father to Zach and Tyler. The piece highlighted the enormous impact Zach, who has intellectual and developmental disabilities, has made on Ray and the Morris home. The Arc’s readers will be happy to learn that Zach is transitioning through another stage all young adults face: venturing out of their family home, and into the wider world.

Zach’s transition out of the family home began while he was participating in a group at his adult day program. During this time, he met John and Lisa, a couple that has dedicated their lives to caring for adults with disabilities and have been certified to run an Adult Developmental Home (ADH). John and Lisa offered Zach a place to live at their ADH. After many discussions, Zach and his family worked with John and Lisa to make his move and path toward adulthood smoother for everyone.

Like many young adults who have just moved out on their own, Zach is busy soaking up his surroundings and his “personality has flourished” according to his dad. Some of Zach’s new-found hobbies include attending Professional Arena Football games and exploring the Phoenix Home & Garden Show. Zach’s parents and brother, Tyler, are thrilled that Zach is becoming more independent and discovering a new chapter in his life.

The entire Morris family has been changed by Zach’s move out of the family home. Zach’s younger brother, Tyler, recently celebrated his wedding in France. This was a particularly special occasion, for it was also the first family vacation for the Morris’ in over a decade. Ray and Kelly are also enjoying everyday pleasures such as having their house all to themselves and watching their favorite T.V. show without any distractions. Yet, Ray is quick to admit Zach’s absence also highlights “how [their] lives were structured around [his] care” for 27 years. Realizing that they are no longer their son’s primary caregivers is “bittersweet.”

Like any parents, Ray and Kelly have navigated this experience with some anxiety and fear. Ray sometimes wonders if encouraging Zach to pursue his own life at the ADH home was the best decision. However, Ray remembers “It’s allowing and trusting that the decision to transition Zach to an ADH home will provide him a more fulfilled, independent life.” Kelly shares Ray’s concerns and has admitted that the “instinct to protect and hold on to him [has] battled with the reality of what was best for Zach.” All the worry is replaced with reassurance and peace when Ray and Kelly see Zach “laughing and having fun” with his new group of friends and care providers.

With Zach now settled into a routine, embracing all of the changes has become a bit easier. These days the Morris’ are looking toward the future, and The Arc wishes them the best!

Time to Check Your Health Insurance

If you are uninsured or looking for affordable health insurance, now is the time for you to look! During “open enrollment” you can purchase private health insurance through the marketplace in each state. Depending on your income, you may be eligible for assistance with your health insurance costs.

If you currently have insurance through the marketplace, you should look at your current plan and determine if it will continue to meet your needs, or select a better plan. If you do not take action, you will be automatically re-enrolled in your current plan or a similar plan. You should carefully review all health insurance notices and updates. Re-enrollment provides an important opportunity to report any changes to your income. If you income has increased, reporting changes to the marketplace may help you avoid paying future penalties.

2017 Open Enrollment
November 1, 2016
Open enrollment begins

December 15, 2016
Enroll before this date to have coverage January 1, 2017

January 31, 2017
Open enrollment ends

Why you should check your coverage:

  • Even if you like your health plan, new plans may be available and premiums or cost sharing may have changed since last year.
  • Even if your income has not changed, you could be eligible for more financial assistance.

If you have a disability or a health condition, pay attention to possible changes:

  • Are a broad range of health care providers included in the health plan’s network of providers?
  • Are there enough medical specialists in the network to meet your needs?
  • Are needed medications included in the plan’s list of covered drugs?
  • Is there adequate access to non-clinical, disability-specific services and supports?
  • Does the plan have service limits, such as caps on the number of office visits for therapy services?
  • Are mental health services covered to the same extent that other “physical” health benefits are covered?

Where to get help?

Health insurance can be complicated. If you or your family member needs assistance with understanding the options, healthcare.gov can help. This website has information about seeking assistance in local communities, explanations of health insurance terms, enrollment information and much more. There is also a 24-hour phone line for consumer assistance at 1-800-318-2596 to call for help.