+---------+--------------------------------------------------+--------+
| ![      | **T**ICKET TO **W**ORK & **W**ORK **I**NCENTIVES | ![]    |
| ](media |                                                  | (media |
| /image1 | **A**DVISORY **P**ANEL                           | /image |
| .jpeg){ |                                                  | 2.jpeg |
| width=" |                                                  | ){widt |
| 0.97430 |                                                  | h="0.9 |
| 5555555 |                                                  | 736111 |
| 5555in" |                                                  | 111111 |
| he      |                                                  | 111in" |
| ight="0 |                                                  | height |
| .844444 |                                                  | ="0.99 |
| 4444444 |                                                  | 652777 |
| 444in"} |                                                  | 777777 |
|         |                                                  | 78in"} |
+---------+--------------------------------------------------+--------+

October 5, 2007

Michael J. Astrue

Commissioner

Social Security Administration

P.O. Box 17703

Baltimore, MD 21235-6401

RE: Notice of Proposed Rule Making: Amendments to the Ticket to Work and
Self- Sufficiency Program (Volume 72, Number 155)

Dear Commissioner Astrue:

I am writing on behalf of the Ticket to Work and Work Incentives
Advisory Panel (the Panel) to provide comments on the Notice of Proposed
Rule Making (NPRM) released on August 13, 2007. The NPRM calls for
simplifying and improving the definition of "using a ticket" and
requirements for measuring "timely progress" toward self-supporting
employment.

Overall, the Panel supports these proposed amendments. In particular, we
are pleased that, in addition to employment, the proposed amendments
allow for participation in an educational program to count toward an
individual's timely progress by crediting attendance at post secondary
school or vocational/technical training. While there are jobs for which
training can be completed in a relatively short time period, there are
others requiring a longer period of education or training. An individual
in a certified educational/training program, internship, apprenticeship,
etc. should not be required to interrupt this program to meet the work
requirements of "timely progress."

The Panel is concerned, however, about the potential impact on the
178,000 current beneficiaries with assigned tickets who will have to
demonstrate timely progress in 12 months instead of 24 months as
currently required. SSA must clearly communicate this change to these
beneficiaries, before it has a negative impact on their planned goals.

The Panel believes these proposed amendments would be most effective for
people with disabilities currently attending college or vocational
technical school whose earnings are below specified SSI and SSDI
earnings thresholds. However, these amendments would not be particularly
helpful for people who, for a variety of reasons, cannot participate in
full-time postsecondary education or vocational/technical training. We
provide details below and a compilation of recommendations in the
conclusion.

**Potential Problems with Giving Credit for Participating in an
Education/Training Program**

The proposed amendments require the equivalent of full-time attendance
in postsecondary education (12 credit hours per semester -- or 24
credits per 12 month period). For completion of the vocational or
technical training program requirements, an individual must have
finished at least 50 percent of the course requirements of the program
by the end of this 12-month period.

Completing these requirements can be difficult for people with certain
disabilities who rely on services such as public transportation,
attendant care, etc. For example, a beneficiary using para-transit, who
needs to be in class by 11:00 a.m., may need to be picked up at their
home by 8:00 a.m. (This occurs because para-transit often requires a
window of time before and after the customer wants to be picked up and
is usually allowed up to an hour and a half to drop off the customer.
Most often, the transit system will be faster than the 2-3 hours, but
the customer cannot depend upon a consistent trip time and must always
plan for the worst-case scenario.) Their return trip may require as many
hours, filling a large percentage of the individual's day with
transportation time -- not enough time to allow them to complete 12
college credits (a full-time schedule). The Social Security
Administration (SSA) should include provisions in the proposed
amendments to account for disability-related stumbling blocks, such as
an inability to get needed supports and accommodations.

The proposed amendments also provide credit for post secondary education
or vocational/technical training, but not for high school completion or
GED preparation for beneficiaries who had previously dropped out of
school and may now be completing those educational requirements (without
further aspiring to college or vocational/technical training). This
provides unequal continuing disability review (CDR) protection for those
beneficiaries who critically need this level of training if they are
going to obtain stable employment above substantial gainful activity
(SGA). SSA needs to consider an individual threshold around education
and/or training more suited to the employment preparation needs of the
individual. SSA should provide a larger threshold for beneficiaries who
may require a longer period of time to complete their educational
studies.

In addition, to be more inclusive, SSA should include training programs
of the Department of Veterans Affairs and the Department of Education
under the definition of "vocational or technical training programs."

**Individualizing Timely Progress**

The Panel recognizes that people with disabilities are a diverse group,
and one-size-fits-all approaches designed to move them toward
self-supporting employment can be problematic. Timely progress should be
individualized based on the terms and conditions of the Individualized
Plan for Employment/Individual Work Plan (IPE/IWP) and accommodate
episodic disabilities. It should be possible for the IPE/IWP to be
revised and updated as the needs and circumstances of the individual
changes -- both for postsecondary education and vocational/technical
training.

For example, individuals who become blind may not need postsecondary
education or GED preparation. Instead, they may need
adjustment-to-blindness training, which includes training on Braille,
orientation and mobility, adjustment to daily living, and assistive
technology. The definition of educational training should be flexible
enough to accommodate this.

**Plans for Implementing the Proposed Amendments**

The current rules have been in place since 2003. Tickets currently
assigned fall under the old rules which did not require timely progress
reviews until after the first 24 months of plan. SSA should explain its
plan for implementing the proposed amendments, answering, for example,
the following questions: 1) Will the amendments become effective after
60 days? 2) Will the amendments be applied to everyone or only to newly
assigned tickets? 3) What procedure will be used to determine progress
-- a questionnaire or an interview, or something else?

**Other Improvements**

***Documentation Improvements -- Reducing Administrative Burden*---**The
proposed amendments call for requiring parallel documentation for
milestone payments for timely progress. The Panel recognizes that this
change is positive because it will reduce the reporting burden on ENs.

***Improvements to "Extension Period"*---**The proposed amendments would
change the duration of the extension period from three months to 90
days, making it consistent with the proposed 90-day period included in
the September 2005 NPRM. This is a positive change.

**Conclusion**

The Panel is pleased that SSA is moving forward toward publishing final
Ticket regulations. We continue to urge expeditious implementation of
these new rule changes to help reignite the level of interest in the
Ticket Program by ENs and beneficiaries.

Overall, the Panel supports the proposed amendments and offers the
following recommendations (drawn from above) to improve the amendments:

[Recommendations]{.underline}

-   SSA must clearly communicate to beneficiaries that they'll be
    required to demonstrate timely progress in 12 months instead of 24
    months as currently required, before it has a negative impact on
    their planned goals.

```{=html}
<!-- -->
```
-   SSA should include provisions in the proposed amendments to account
    for disability-related stumbling blocks, such as an inability to get
    needed supports and accommodations.

```{=html}
<!-- -->
```
-   SSA should provide a larger threshold for beneficiaries who may
    require a longer period of time to complete their educational
    studies.

```{=html}
<!-- -->
```
-   SSA should include training programs of the Department of Veterans
    Affairs and the Department of Education under the definition of
    "vocational or technical training programs." This should include
    disability-specific training, such as orientation and mobility,
    Braille, assistive technology, and similar skills necessary for
    vocational functioning.

```{=html}
<!-- -->
```
-   Timely progress should be individualized based on the terms and
    conditions of the IPE/IWP and accommodate episodic disabilities. It
    should be possible for the IPE/IWP to be revised and updated as the
    needs and circumstances of the individual changes -- both for
    postsecondary education and vocational/technical training.

```{=html}
<!-- -->
```
-   SSA should explain its plan for implementing the proposed
    amendments, answering, for example, the following questions: 1) Will
    the amendments become effective after 60 days? 2) Will the
    amendments be applied to everyone or only to newly assigned
    tickets? 3) What procedure will be used to determine progress -- a
    questionnaire or an interview, or something else?

We are pleased to offer SSA this advice. If you have any questions,
please contact the Panel's Executive Director, Jill Houghton. She can be
reached at 202-358-6419.

Sincerely,

/s/

Berthy De La Rosa-Aponte

Chair

Ticket to Work and Work Incentives Advisory Panel