Articles from prior issues of The Advocate

January/February, 2000

Employment Support Groups Speaker: J. Kenneth McGill
by Bertha M. Ansley, Glendale, New York DDS

MR. J. KENNETH MCGILL, ASSOCIATE Commissioner, spoke before the delegates of the NADE 1999 National Training conference in Denver, Colorado to bring good news of a newly established agency within the Social Security Administration - The Office of Employment Support Programs (OESP). Mr. McGill who is the leader of the OESP told the delegates of the exciting changes woven into new legislation as SSA and Congress take a look at return to work issues for disability customers who want to work. The trial work period, extended period of eligibility, 301 protection, 1619a and 1619b provisions, and all of the other wonderful rehabilitation services have aspects that we as adjudicators may not fully understand at various times. The Office of Employment Support Program will serve to give us a working knowledge of the technical provisions involved so that we can advise people with disabilities appropriately and recognize when to seek case-specific guidance from SSA. The Office of Employment Support Programs will provide clarity and coordination for educators, advocates, rehabilitation professionals, and counselors who serve people with disabilities. Centralizing this responsibility in the OESP will result in better coordination across the agency and provide a focal point for our customers and the many external organizations that serve them. According to Mr. McGill, “in establishing this office, both SSI and DI were brought together administratively and structurally.” Citing the many societal changes since the Americans with Disabilities Act, Mr. McGill stated: “Our programs must change with society, except that government is slow in passing legislation to keep up with these changes.” Since the Denver conference in October, Congress passed the Ticket to work and Work Incentives Improvement act of 1999 on November 19, 1999. This Act includes many major provisions and work incentives for disability customers. Appropriately, the mission of the Office of Employment Support Programs corresponds to the goals of the new legislation. Four areas comprise the mission of the Office of Employment Support Programs:

1. Planning, implementing, and evaluating SSA programs and policies related to the new legislation as it relates to employment of SSDI and SSI beneficiaries with disabilities.

Commissioner McGill’s staff will be working in areas of policies around return to work issues, trial work activities, and work incentives. The speaker stated that his staff is currently looking at proposals from NADE regarding 301 protections. He also pointed out that his office has heard that attention needs to be paid to the young people that transfer through our system. “Some come as children, some come as young adults, some stay along time. We need to be offering other opportunities so that an SSI check is not their only inspiration.”

2. Promoting innovation through legislation and in the design of programs and policies that increase employment opportunities for Social Security beneficiaries:

Mr. McGill shared the fact that SSA has been looking at four years of legislation proposals, asking the question: “How might we change this program to encourage work?” One answer to this question was initiated by increasing the SGA subsidy from $500/month to $700/month. The Associate Commissioner stated that while public feedback was good, remarks that more needed to be done in this area were made. The OESP will coordinate and work in all areas that the Ticket to Work and Work Incentives Improvement Act of 1999 mandate. Two major features of the Work Incentives Improvement Act of 1999 include:

1. Expanded availability of health care coverage for Medicaid and Medicare. “States have the option to allow customers to continue Medicaid coverage. States have to choose to do this, and local advocates must follow through on this to support this feature.”

2. Another major feature is the Ticket to Work and self-sufficiency incentive. Here SSDI and SSI disability customers are given a ticket they may use to obtain vocational rehabilitation services, employment services, and other support services from an employment network of their choice. “Providers will not be paid unless disability recipients get the job and work long enough to learn it.”

3. Educating the public about SSA and other public programs that support employment and about organizations that provide employment-related services.

According to Mr. McGill, OESP staff will be structuring ways of working with state vocational agencies to enhance services and collaboration to maximize how states participate. Components of the OESP will provide training to state agencies to help maximize service and do best for clients. Other activities will include collaboration with alternative providers such as Mental Health workers both private and public. Availability of research grants in 12 state agencies - dealings with the Department of Education and Department of Labor in certain states and the coordination at State level what’s going on around rehabilitation.

4. Joining with other public and private entities to remove employment barriers for people with disabilities:

According to Mr. McGill, this includes elimination of work disincentives by providing expedited reinstatement of benefits, i.e., “easy back on beyond EPE. Five years out if a customer looses a job, we (SSA) will pay five months of benefits while performing a CDR.” By prohibiting the use of work activity as a basis for review for individuals who are entitled to disability insurance benefits under section 223 of the Act or monthly insurance benefits under section 202 of the Act. Another disincentive allows for continuing disability reviews on a regularly scheduled basis that are not triggered by work activity. During the question and answer period one delegate asked in the very definition of disability would be changed from the inability to perform SGA? I’m sure we will hear more to come regarding the answer to this question. In the meantime, interested parties can learn more about the OESP and the new legislation by logging onto the Internet. All the best to the OESP in attainment of its goals! Mr. McGill has held a number of different positions since beginning his career with Social Security as a claims representative in 1973. He has served in management and policy positions at the local, regional and central office levels. Mr. McGill is a graduate of Dartmouth College. He is married, with two daughters.

See SSA website at www.ssa.gov Enter OESP in the search box.

See SSA website at www.ssa.gov Enter Legislation in the search box. Bulletin #120399