[Federal Register Volume 81, Number 27 (Wednesday, February 10, 2016)]
[Proposed Rules]
[Pages 7041-7044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02657]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2015-0025]

20 CFR Part 411

RIN 0960-AH50


Revising the Ticket to Work Program Rules

AGENCY: Social Security Administration.

ACTION: Advance notice of proposed rulemaking (ANPRM).

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SUMMARY: We are soliciting public input on whether and how we might 
revise the current Ticket to Work program rules. The Ticket to Work and 
Work Incentives Improvement Act of 1999 established the Ticket to Work 
program to allow individuals with disabilities to seek services to 
obtain and retain employment in order to reduce dependency on cash 
benefit programs. In creating the program, Congress found that 
eliminating barriers to work and providing individuals with real choice 
in obtaining services and technology to find, enter, and maintain 
employment can greatly improve the short and long-term financial 
independence and personal well-being of our beneficiaries.
    We want to explore improving our Ticket to Work program as part of 
our ongoing effort to help our beneficiaries find and maintain 
employment that leads to increased independence and enhanced 
productivity. If we propose

[[Page 7042]]

specific revisions to our regulations, we will publish a notice of 
proposed rulemaking (NPRM) in the Federal Register.

DATES: To ensure that we consider your comments, we must receive them 
by no later than April 11, 2016.

ADDRESSES: You may submit comments by Internet, fax, or mail. Do not 
submit the same comments multiple times or by more than one method. 
Regardless of which method you choose, please state that your comments 
refer to Docket No. SSA-2015-0025 so that we may associate your 
comments with this ANPRM.
    Caution: You should be careful to include in your comments only 
information you wish to make publicly available. We strongly urge you 
not to include in your comments any personal information, such as 
Social Security numbers or medical information.
    1. Internet: We strongly recommend this method for submitting your 
comments. Visit the Federal eRulemaking portal at http://www.regulations.gov. Use the Web page's Search function to find docket 
number SSA-2015-0025. Once you submit your comment, the system will 
issue you a tracking number to confirm your submission. You will not be 
able to view your comment immediately because we post each comment 
manually. It may take up to a week for your comment to appear.
    2. Fax: Fax comments to (410) 966-2830.
    3. Mail: Address your comments to the Office of Regulations and 
Reports Clearance, Social Security Administration, 3100 West High Rise 
Building, 6401 Security Boulevard, Baltimore, Maryland 21235-6401.
    Comments are available for public viewing on the Federal 
eRulemaking portal at http://www.regulations.gov or in person, during 
regular business hours, by arranging with the contact person identified 
below.

FOR FURTHER INFORMATION CONTACT: Mark Green, Deputy Director, Office of 
Beneficiary Outreach and Employment Support, Office of Research, 
Demonstration and Employment Support, Social Security Administration, 
6401 Security Boulevard, Baltimore, MD 21235-6401, (410) 965-9852. For 
information on eligibility or filing for benefits, call our national 
toll-free number, 1-800-772-1213 or TTY 1-800-325-0778, or visit our 
Internet site, Social Security Online, at http://www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION:

What is the purpose of this ANPRM?

    The purpose of this ANPRM is to solicit ideas for improving the 
Ticket to Work program. We are considering whether and how we might 
update the Ticket to Work program rules to help both our beneficiaries 
and the providers that serve our beneficiaries in the program. The 
Ticket to Work program rules are contained in 20 CFR part 411. We last 
updated the program rules on May 20, 2008. Through this ANPRM, we are 
requesting comments and suggestions from the public on what we might 
include in new Ticket to Work program rules.

Why are we considering new Ticket to Work program rules?

    According to the Bureau of Labor Statistics' (BLS) Current 
Population Survey (http://www.bls.gov/news.release/empsit.t06.htm), the 
July 2015 unemployment rate for individuals with a disability \1\ was 
10.4 percent, compared to 5.4 percent for people without disability. 
This number refers to those who were actively seeking a job, and were 
willing, able and available to work, but unable to find a job in the 
month prior to the survey. The July 2015 employment-population ratio, 
which measures the percent of people in a given population who are 
working, was 17.7 percent for persons with a disability, versus 65.3 
percent for those without a disability.
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    \1\ The BLS uses a different definition of ``disability'' than 
we do. The BLS defines a person with disability as someone with at 
least one of the following conditions: Is deaf or has serious 
difficulty hearing; is blind or has serious difficulty seeing even 
when wearing glasses; has serious difficulty concentrating, 
remembering, or making decisions because of a physical, mental, or 
emotional condition; has serious difficulty walking or climbing 
stairs; has difficulty dressing or bathing; or has difficulty doing 
errands alone such as visiting a doctor's office or shopping because 
of a physical, mental, or emotional condition. Sections 223(d)(1)(A) 
and 1614(a)(3)(A) of the Social Security Act, 42 U.S.C. 
423(d)(1)(A), 1382c(a)(3)(A), define ``disability'' as the inability 
to engage in any substantial gainful activity by reason of any 
medically determinable physical or mental impairment. The impairment 
must be one that can be expected to result in death or that has 
lasted or can be expected to last for a continuous 12-month period.
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    Employment programs that assist people with finding jobs may focus 
on either short-term or long-term goals. For example, the Individual 
Placement and Support (IPS) model emphasizes rapid job search and 
placement. Other models focus on equipping people with the education, 
skills, and supports that are building blocks of sustainable success in 
the labor market. We seek comments on the effectiveness of different 
employment support models and on how we can change the structure of the 
Ticket to Work program to incorporate the most successful models.
    Since the last change in the Ticket to Work rules, there has been 
increased research in the fields of financial literacy, behavioral 
economics, and psychology. This could inform us on how to improve 
Ticket to Work program outcomes. For example, research shows that the 
way information is presented influences the decisions an individual 
makes. Therefore, it is essential to present information clearly and 
effectively, particularly for decisions that are complex or have long-
term consequences. Beneficiaries in the Ticket to Work program face 
complex decisions regarding employment and benefits options. We are 
seeking your suggestions on effective ways to present information to 
beneficiaries to improve participation and outcomes in the Ticket to 
Work program.
    Further, beneficiaries may need other supports to manage their 
finances and benefits. In our preliminary research, we noticed three 
areas of possible interest to beneficiaries in the program: (1) 
Financial education and counseling, (2) access to financial services 
and products, and (3) asset building. We request comments on how the 
Ticket to Work program might assist beneficiaries in understanding the 
options for increasing their earnings and achieving/sustaining greater 
financial independence, and whether financial education, financial 
services, and asset building are necessary to foster work outcomes that 
are likely to lead to exit from the disability rolls.
    We also welcome your ideas on fostering program success for and 
with employment networks (ENs), which are the approved service 
providers for the program. Beneficiaries may obtain assistance from ENs 
in locating, retaining, and advancing in jobs/careers. We want your 
input on how we can remove service barriers for and increase the 
effectiveness of ENs, and which services the ENs might provide to help 
beneficiaries to secure employment and increase their earnings. In 
particular, we welcome comments and actual examples of how ENs can best 
assist individuals--in concert with employers, VR agencies, public work 
force systems, WIPAs and other entities--to achieve and sustain our 
beneficiaries' employment success.
    Under the current program rules, the amount of our payments to ENs 
remains the same as long as a beneficiary meets our earnings 
requirements. We do not increase EN payments when a beneficiary earns 
more than the substantial gainful activity (SGA) level for sustained 
periods. (SGA describes a

[[Page 7043]]

level of work activity and earnings, which we use as one factor to 
determine disability. We ordinarily consider an individual earning more 
than a certain monthly amount, excluding impairment-related work 
expenses, as engaging in SGA.) For 2015, earnings of more than $1,090 
per month for non-blind individuals or $1,820 per month for blind 
individuals indicate SGA. We invite your comments on whether we should 
structure the payment system to provide ENs with increased payments for 
helping beneficiaries locate and keep higher paying jobs.
    In general, with regard to removing service barriers for the ENs or 
changing the payment structure, we seek comments on how to foster a 
robust market of employment support services for our beneficiaries.
    We are committed to identifying strategies that help people find 
and maintain employment and improve their economic status. Any changes 
we make to the Ticket to Work program should be based on strong 
research and effective practices that are evidence-based and data-
driven. By adapting these practices to the Ticket to Work program, we 
hope to improve the long-term employment and economic prospects of our 
beneficiaries. If we propose specific revisions, we will publish a 
notice of proposed rulemaking in the Federal Register.

On which rules are we inviting comments and suggestions?

    We are interested in any comments and suggestions you have on 
whether and how we should revise our Ticket to Work rules found in 20 
CFR part 411. You can find the current rules for the Ticket to Work and 
Self-Sufficiency Program on the Internet at: http://www.gpo.gov/fdsys/pkg/CFR-2009-title20-vol2/pdf/CFR-2009-title20-vol2-part411.pdf.
    We issued initial Ticket to Work program rules on December 28, 2001 
(66 FR 67370). Based on our experience administering the program, we 
published amendments to those rules on May 20, 2008 (73 FR 29324). The 
revised rules simplified the program and made it more attractive to 
beneficiaries and potential service providers. In our ongoing effort to 
improve employment outcomes for beneficiaries, we are inviting your 
comments on whether and how we should revise the rules again.
    We would like your comments on the program rules and your thoughts 
on our specific questions below. If you know of research studies 
supporting your recommendations, please attach the study to your 
comments or provide the name of the study, date of publication, and 
name(s) of the researcher(s) in your response.

Who should send us comments and suggestions?

    We invite comments and suggestions from the following individuals 
and groups: Current and former beneficiaries, State Agencies 
(particularly State Vocational Agencies and Job Development Programs), 
advocates, current and former employment networks, and interested 
members of the public.

What should you comment about?

    We are interested in any comments and suggestions on ways to 
improve the Ticket to Work program. For example:
    1. Overall, how can we support the employment goals of social 
security beneficiaries through the Ticket to Work program?
    2. How could we structure and present information to increase 
participation in and effectiveness of the program?
    3. What employment support models are likely to be most effective 
in achieving the intent and goals of the program?
    4. What incentives could we offer to help ensure ENs are 
financially and organizationally viable?
    5. What incentives could we offer ENs for collaborating effectively 
with employers, VR agencies, public work force systems, WIPAs and other 
entities assisting our disability beneficiaries?
    6. How could the program encourage youth with disabilities to 
pursue apprenticeships, career development programs, post-secondary 
education, and other work-related opportunities in a manner similar to 
their peers without disabilities?
    7. How could ENs become integral to transition planning with youth 
who have disabilities, their families, and local schools?
    8. Would offering beneficiaries financial education and planning 
services be appropriate for the program? If so, how could we accomplish 
this through changes to the program regulations?
    9. What service barriers or administrative complexities do ENs face 
that inhibit their ability to serve our beneficiaries?
    10. How might we encourage more organizations that can provide 
appropriate services to our beneficiaries to participate as ENs?
    11. Should we adjust our payment systems to increase EN payments 
when a beneficiary earns more than the SGA level for sustained periods? 
If so, what adjustments could we make without increasing overall 
program costs?
    12. Should we adjust our payment systems to provide even more EN 
payments than we currently do for helping a beneficiary secure and 
maintain part-time employment below the SGA level? If so, how might 
such a payment differ from the EN payments for a beneficiary earning at 
or above the SGA level?
    13. The blanket purchase agreement we award to contractors to serve 
as ENs outlines their requirements to provide ongoing support services 
to beneficiaries. How should we define ``ongoing support services'' for 
the ENs? What ongoing services are necessary to support beneficiaries 
in jobs above SGA levels for sustained periods?
    14. Under the program, State VR agencies participate either as ENs 
or under the cost reimbursement payment system (20 CFR 411.355) 
applicable to them. Should State VR agencies participating as ENs offer 
the same services and have the same responsibilities as other ENs? If 
not, what services and supports should State VR agencies participating 
as ENs provide?
    15. In measuring EN performance, we consider factors such as:
    <bullet> Completing employment support services as planned;
    <bullet> the percentage of Ticket to Work clients who were placed 
in a job within 9-12 months;
    <bullet> the percentage of clients who retained their jobs for 
significant periods; and
    <bullet> the percentage of clients who progressed to long-term 
earnings above SGA.
    Are these appropriate measures and, if not, what measures should we 
use?
    16. What are some barriers that ENs face? How might we adjust our 
rules to help ENs succeed at providing the services and support 
beneficiaries need to find and maintain employment?

Will we respond to your comments from this notice?

    We will consider all comments and suggestions we receive. However, 
we will not respond directly to the comments you send in response to 
this ANPRM.

What will we consider when we decide whether to propose revisions?

    When we decide whether to propose revisions to our rules for the 
program, we will consider:
    <bullet> All comments and suggestions we receive in response to 
this notice, and
    <bullet> Our own experience working with the program.

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    If we decide to propose specific revisions, we will publish a 
Notice of Proposed Rulemaking in the Federal Register, and you will 
have an opportunity to comment on the revisions we propose.

List of Subjects in 20 CFR Part 411

    Administrative practice and procedure, Blind, Disability benefits, 
Public assistance programs, Reporting and recordkeeping requirements, 
Social security, Supplemental Security Income (SSI), Vocational 
rehabilitation.

Carolyn W. Colvin,
Acting Commissioner of Social Security.
[FR Doc. 2016-02657 Filed 2-9-16; 8:45 am]
BILLING CODE 4191-02-P