National Council on Independent Living Statement and Recommendations

to NCIL Members for Public Comment on The SSA Ticket to Work program
Notice of Public Rule Making - NPRM Public Comment Period ending February 26, 2001
of The Ticket to Work and Work Incentives Improvement Act TWWIIA

The NCIL Social Security subcommittee has drawn on, and included selected public recommendations under development by the SSA Ticket to Work and Work Incentives Advisory Panel. Two NCIL Social Security subcommittee members serve on the TWWIA Panel.

NCIL Statement

NCIL is submitting to Social Security a response to the SSA Notice of Proposed Rulemaking (NPRM) on the Ticket program, published for public comment on December 28, 2000. The recommendations represent NCIL's values and principles of comprehensive reform, consumer control and choice. We encourage all NCIL members and other advocates to use these recommendations to develop your own comments to the proposed rule and submit them no later than February 26. For a complete copy of the NPRM go to www.ssa.gov/work.

The summary of NCIL recommendations starts on page 4 under Summary of NCIL Recommendations. Our full recommendations start on page 9 under Full Recommendations.

SEND the Social Security Administration your NCIL member public comments on the NPRM no later than February 26th, 2001.

Comments on the NPRM should be submitted to:
the Commissioner of Social Security,
P.O. Box 17703, Baltimore, MD 21235-7703;
By telefax to: (410) 966-2830;
By E-mail to: regulations@ssa.gov;

Choice

NCIL members support equitable choice at every turn for Americans with disabilities, which is why we continue to support the objectives in the Ticket program. We commit to work with all forums that contribute to the successful implementation of the Ticket program and increased employment outcomes for SSA beneficiaries.

The Ticket program establishes a new entitlement for SSA beneficiaries who meet specified criteria set by the Commissioner. The exclusions, exceptions and limits to Ticket eligibility, found in the proposed rule, establish a new and, we fear, dangerous layer of complexity within SSA, presumably for estimated cost savings for which we have seen no evidence.

Comprehensive Reform

The Ticket program is only one part of TWWIIA, crafted to work simultaneously with other work incentive provisions when a beneficiary goes to work. When and where all TWWIIA provisions are available, we expect more beneficiaries will seek employment services and other supports because more beneficiaries will seek work. Where health care coverage is portable, and available after work starts, and where beneficiaries have the information they need to access public programs and health care with less risk, demand for employment services such as those in the Ticket program will increase.

More and new service providers are not likely to become Employment Networks (ENs) in the Ticket program if there isn't a growing beneficiary market for their services.

Ticket Program Background

Social Security is required by TWWIIA to design a Ticket program for SSA disability program beneficiaries, to be administered by an outside Program Manager (PM), who will recruit and monitor service providers in and to Employment Networks (ENs). Certain beneficiaries, as determined by the Commissioner, are entitled to receive a "Ticket" from SSA, which they can use to shop for services among qualified ENs in the Ticket program. ENs and beneficiaries will establish one on one relationships by creating and agreeing to a signed Individual Work Plan (IWP). The ENs will be paid most of the allowable moneys when employment begins and cash benefits cease to beneficiaries. The Ticket program is a new voluntary option for beneficiaries.

The Proposed Rule for the Ticket to Work Program

"Sec. 411.105 What is the purpose of the Ticket to Work program? The purpose of the Ticket to Work program is to expand the universe of service providers available to individuals who are entitled to Social Security benefits based on disability …"

NCIL strongly believes that Congress intended the Ticket program to be designed, implemented, staffed and evaluated in coordination with other TWWIIA provisions and other public programs.

The purpose of the Ticket program in the proposed rule (Section 411.105) should include expanding the universe of employment support options for beneficiaries by collaborating with programs of the Departments of Health and Human Services, Labor and Education.

In the background and introduction sections of the proposed rule there is no mention of the Health Care Financing Administration (HCFA) or the Ticket to Work and Work Incentives Advisory Panel, two legislative SSA partners for the success of Ticket program outcomes. NCIL recommends that SSA acknowledge working with these partners in the final rule.

The NCIL Executive Committee recommends that "The Social Security Administration should not issue any Tickets until the final regulations are published due to the exclusion of age and due to the exclusion of the Medical Improvement Expected (MIE) rule.

Finally, Maximus, the for profit national Program Manager (PM) chosen by SSA to administer the Ticket program, has a 50 million dollar stake in the Ticket program's hopeful and early success. NCIL encourages Maximus to contribute a statement to the SSA public comment period about working with a diverse SSA beneficiary community and the Ticket program.