* Education: Live Case Study- Pt II. 9Year Government "Back to Work" Case with No End or Resolution in Sight by Mrs. Dorothy Barron
"I knew I could do better! I had the boots; I simply needed the bootstraps or laces to pull myself up out of poverty" (Mrs. Dorothy Barron).
Slinging Stones Blog Post for June17, 2011: Father, Parent and Dad by Mrs. Dorothy Barron http://mrsdbarron.blogspot.com/2011/06/father-parent-and-dad-by-mrs-dorothy.html
In last week's post, *Education: Live Case Study Pt. I. 9Year Government "Back to Work" Case with No End or Resolution in Sight by Mrs. Dorothy Barron, the Recipient of the Study presented an introduction to and purpose of the Study; listed what the study will show and support, provided suggestions for positive changes and/or Resolution(s) and cited statements made by the present Social Security Administration Commissioner, Michael J. Astrue, which will be instrumental to and throughout this Live Case Study.
On today and in *Education: Live Case Study-Pt. II. 9Year Government "Back to Work" Case with No End or Resolution in Sight by Mrs. Dorothy Barron, we will continue by first sharing some background information on the Recipient of this Case Study, who is also its author. We will provide resource information about and on the Social Security Administration and Vocational-Rehabilitation agencies' and their roles in assisting individuals with disabilities in Back to Work initiatives and incentive programs. The Recipient will also list a number of problems, obstacles which many Recipients, especially, the Recipient of this case study has and continues to face and encounter; such prevents many Recipients under Back to Work Government Agency Programs from completing their work goals and/or becoming self-supporting.
Some Background Information on the Recipient in this Case Study:
I am Mrs. Dorothy Barron; I will take the liberty to provide background information on me in the first person, because I want to engage you personally. After marriage and upon having started a family, my husband and I made a joint decision that I remain in the home to nurture and guide our two children. Our income was middle-upper range and we were family oriented. We worked hard, were active in church and community; I, especially within our schools where I volunteered 16 years (7-9 full-time) and assisted and advocated for students and positive education. I also provided positive educational experiences for students, many of which I personally funded. My husband at the time made some contributions as well. I eventually became Co-founder and Director of the Parenting Organization, Parents Focused on Education.
Suddenly everything changed dramatically in my life- I lost everything after being injured aboard Metropolitan Atlanta Rapid Transit Authority (MARTA) in 1994; the accident caused damage to my back, neck, left side of the body and dominant hand through the elbow and rendered me unable to work. At the point of settlement, the attorney for the Law Firm of Gilbert and Montlick, abruptly disappeared and no settlement occurred; I received nothing, no compensation whatsoever for having been injured by MARTA; a divorce occurred in 1996 after 23 years of marriage. Lack of crucial medical services and physicians with conflicting medical diagnosis only exacerbated my disabling condition and some created additional medical injury, damage and complications.
Totally unable to work by 1995, impoverished, owning nothing and one school-age son to continue to nurture and rear, much government assistance was needed at this point. Upon our second son having completed high school, I then elected to receive as little government assistance as possible and often refused that which I deemed I could do without, even though I was by law, entitled. After having served the impoverished and saw firsthand the effects of government assistance upon those who became dependent upon it, let's just say, I did not intend to become "hooked" on or addicted to government handouts for the rest of my life. "I knew I could do better! I had the boots; I simply needed the bootstraps or laces to pull myself up out of poverty" (Mrs. Dorothy Barron).
Seeking a Way Out of Poverty
Once, crucial pieces of medical equipment were forthcoming in 1997 and 2000, such enabled the Recipient to stop living on the floor. She had eaten on the floor, slept on the floor and lived on the floor. Such occurred twice- once in the State of Kentucky and then again in Tennessee. The Recipient had medical coverage- first private, then Medicare and Medicaid. This Recipient avows that, one reason such atrocities were allowed to occur and continue are due to the result of her being blackballed and retaliated against by some within and throughout the medical community and others in these two southern states. Such has been and continues to be a way for some to "keep one in his/her place" and "make an example of one to frighten others not to step out of line."
One of the Recipient's sons was in the United States Air Force protecting others' democracy while his own mother…; the second son was away in college.
As soon as this Recipient made it up off the floor, there was no stopping her. Whether from a salarized or volunteer job, this Recipient has always worked. "My body did not function totally, but there was nothing wrong with my mind" (Mrs. Dorothy Barron).
The Recipient tackled her situation from two angles: 1) she pressed for change in the way many government programs were being operated and implemented and 2) she searched for entities which assisted people with disabilities who wanted to return to work and found two federal government agencies- the US Department of Education's Division of Vocational Rehabilitation and the Social Security Administration. The Vocational Rehabilitation Office at the US Department of Education referred the Recipient to the State of Tennessee Vocational Rehabilitation Office.
An Overview of the Social Security Administration and the State of Tennessee Vocational- Rehabilitation Back to Work Programs and Some Specifics:
Both agencies include incentives, initiatives and programs to assist those with disabilities who desire to return to work. This Live Case Study will briefly mention the Back to Work, "Ticket to Work" Program under the Social Security Administration, but focus predominantly on the Plan for Achieving Self-Support (PASS), a Back to Work Program under the Social Security Administration and the State of Tennessee Vocational-Rehabilitation services Programs. Additional resource information links have been provided at the end of this post about each agency and the aforementioned programs for you to review should you desire.
As a "Back to Work" Recipient under both agency programs, such affords the Recipient knowledge and experience to discuss the programs. Shall we begin? The Social Security Administration "Plan for Achieving Self-Support (PASS) entails a very detailed and extensive written plan, which must be completed with all costs associated with the plan included (see Additional Resources below- a link to the PASS Application Form SSA 545 has been provided).
The Recipient's complete individual PASS Plan has not been included within the Case Study here, however, her Individual Education Plan goal and the steps of the Back to Work PASS Plan, of what it consists and an amount which totals well over $100,000.00, was approved by both the Social Security Administration and State of Tennessee Vocational- Rehabilitation in 2002. The Recipient's PASS Plan consists of the following:
~The Goal of the Case Study Recipient's Back to Work SSA PASS and Vocational Rehabilitation Individual Education Plan was to become an Attorney-at-Law
Recipient's entire written plan was approved and signed by each agency. The Recipient also supplied each agency with the other agency's signed copy of the Recipient's Back to Work Plan for review and approval of which each agency, complied and approved. Recipient's Plan entailed:
- 16 months at the University of Tennessee (completion of a Bachelor of University Studies Degree in Pre-law/Political Science (August 2002- December 2003) and
- 2½- 3 years of Law School at Vanderbilt Law School Aug 2004-2007).
- Dodge Mini-Van purchased by SSA PASS Funds (SSA put aside $483.00 monthly for the duration of four years at the purchase of approximately $31,000.00) to get to and from work.
SSA PASS PLAN Cost to Achieve the Goal of Attorney-at-Law: well over $100,000.00 (the exact amount will be shared later).
As you can see, the government invests thousands and thousands of dollars in Back to Work education training programs (per recipient); therefore, there is the need to equitably insure and ensure that Recipients who desire and can achieve their goals and become self-supporting under Back to Work Programs do so, otherwise, these programs should be eliminated. If they do not equitably serve to equitably accomplish the established promulgated law or rule for which they were/are created, why should they continue to exist?
Ticket to Work
Later, the Ticket to Work was introduced to the Recipient and it is still a mystery (an information resource link has been provided below). Offices have been set up nationally to assist and explain the Back to Work Program to Recipients. Upon initial contact with representative of this program, according to some program representatives, the program was in its inception and the representatives in training and therefore, could not explain the Program or its criteria to SSA beneficiaries. A year later, the program still could not be fully explained; kinks were still being worked out. Sometimes, between then and now, the Recipient received a stiff piece of cardboard which stated, here's your "Ticket to Work Voucher;" allegedly, it was/is suppose to allow her to offer it to a provider for services and/or assistance with returning to work.
The Recipient contacted several "Ticket to Work" Offices earlier this year; problems remain and to the point that SSA Providers or Contractors could not provide one with answers, some failed to or would not entertain questions, offices were unmanned and the Recipient received answering machine voice mail and/or attempts made to pass her along to another service provider. Such confirms statements made by the Commissioner for Social Security Administration, Michael J. Astrue in his remarks during the SSA and Medicare Trustees Report on May 13, 2011; some of which the Recipient shared with you in last week's post. *According to Commissioner Astrue, Congress approves up to 23 million dollars per year which goes to providers to explain "complexities" to Social Security Beneficiaries (M. Astrue). *In addition and according to SSA Commissioner M. Astrue, even he cannot fully explain the program (M. Astrue). If, those who should have the knowledge to explain Social Security Programs and cannot; where does such leave the Recipients of such Programs and services?
Social Security Administration PASS and Vocational Rehabilitation Back to Work Programs
The Recipient enrolled into Back to Work Programs and signed Individual Education Plans (IEPs) for both the SSA PASS and Vocational-Rehabilitation Program which entailed completion of undergraduate school, law school; purchase of vehicle in four years by Social Security; transportation and a host of other services. Under the Plans, both agencies were responsible for the oversight of the Recipient reaching her goal; The Social Security Administration was ultimately responsible for transportation and some associated cost to the plan; Vocational-Rehabilitation was responsible for the bulk of the Recipient's education plan. The Recipient's contributory resources to both the SSA PASS and Vocational-Rehabilitation Back to Work Plans were in-kind support- items she owned such as an electric scooter, computer, printer, which were given monetary value and counted as resources; The Recipient did not have any other financial resources. According to the SSA PASS Specialist, should the Recipient receive any other financial resources other than her monthly SSDI ($483.00 per month) and SSI ($65.00 per month), any and all were to be added to her SSA mandated, SSA PASS Bank Savings Account. The Recipient, glad to have a plan that would bring about independence and self-sufficiency and as mandated by the SSA PASS Specialist, she added her savings from scholarships earned on merit and any funds left over from Pell each semester or year, which according to Social Security eventually totaled $9,000.00.
Both agency representatives inquired at the outset as to the profession the Recipient desired to train for and requested that she make the selection; with years of accumulated advocacy skills, she elected to train to become an attorney-at-law. She was given a host of aptitude and proficiency tests to determine whether she could achieve the education goal of becoming an attorney-at-law; tests revealed that an attorney-at-law was an achievable education goal for her. In addition, she was given a typing test and an over the road driver's test.
Your capabilities- academic, physical and mental aptitude, your financial resources and medical history prior to your acceptance into and beginning the Program(s) are thoroughly reviewed and documentation provided to each entity in each of these areas prior to your acceptance into and beginning the Back to Work PASS and Vocational Rehabilitation (Client) services Programs.
Following are some Specific Enrollment Criteria Provided to the Recipient by Social Security Administration Representatives/Specialists for the (PASS) Program:
- A well tailored and detail plan written with each and every cost associated with the entire plan included, submitted to the Social Security Administration and approved by a SSA PASS CADRE Specialist with a beginning and ending date.
- Must sign up with Vocational Rehabilitation and receive services from Vocational-Rehabilitation in order to participate in the SSA PASS Program
- Must sign a contract with Social Security
- SSA mandates that one establishes a bank savings account in one's name in order to deposit SSA SSI matching monthly contributions in which to pay for services or products listed in the PASS Plan.
- Must contribute any monies one receives other than SSDI and SSI to the SSA mandated, SSA PASS Savings Bank Account
- Monies which SSA contributes monthly to the bank savings account of which the SSA PASS Recipient has established in his/her name and earned/earns by following the plan must be used strictly to pay for items and/or services listed within the plan unless SSA approves otherwise.
- Must report changes and obtain permission from SSA PASS Specialist to change the plan
- If Vocational Rehabilitation services are discontinued, so will the SSA PASS
- Must follow his/her plan and if, enrolled in school, must retain a grade of C to satisfy the SSA Requirements under the PASS.
The Recipient would like to focus on another statement by SSA Commissioner, Michael J. Astrue. *According to SSA Commissioner, M. Astrue, Back to Work programs are "extremely complicated" for recipients who attempt to embark upon and navigate through them (M. Astrue). Such can be the case, but the programs are also complicated due to Program agency administrators and personnel and other's abuses of, deceptions and failure to uphold and support The Constitution of the United States.
From USA.gov, SSA Online Website, the Recipient will cite four guideline statements from the Social Security Administration about the SSA PASS to show that SSA policies are diametrically in opposition to what some Recipients of Back to Work PASS Programs are told; what actually occurs and/or how SSA misrepresents the SSA PASS Program for some Back to Work Recipients. At USA.gov, Social Security Online Program Development and Research pages, under Elements of a Plan to Achieve Self-Support, according to mandates here, 1.)** "getting a degree or buying a car are not acceptable goals" (Elements of a PASS). The Recipient's approved SSA Plan includes both the obtaining of two degrees and a vehicle purchase and approved by both SSA and Vocational Rehabilitation. At the Institute for test Child Health Policy (ICHP) Website, the site provides a video and transcript in which some individuals share items which their PASS Plans funded (see Additional Resources below). At the SSO OPDR page, under Elements of a PASS, 2.) ** "expenses must be paid by beneficiary" (Elements of a PASS); if taken prima facie, such can be very misleading, because Recipients such as this Recipient paid PASS Plan expenses, but from funds out of a SSA PASS Bank Account which SSA requires PASS Recipients to establish and of which SSA places SSI monies into for Recipients' PASS Plans. If, Back to Work Recipients could pay for their own expenses, why would one need a PASS Plan? In order to be accepted under the SSA PASS Program, SSA mandated that this Recipient obtain Vocational Rehabilitation Services, yet such does not occur within the guidelines at SSA Online PDR pages cited here. The "PASS must state a work goal" and 3.) ** "can be VR Assessment" (Elements of a PASS) and an individual who seeks to establish a PASS 4.) *** "can get help in setting up plan from a vocational rehabilitation (VR) Counselor…" (PASS).
Recipient was also informed that were her Vocational Rehabilitation services be discontinued, so would the Recipient's SSA PASS. The Recipient is not however informed that if, Vocational Rehabilitation discontinues its services unlawfully to a SSA PASS Recipient, such will result in SSA's discontinuance as well. Such occurred with the Recipient's case and the Recipient has filed appeal upon appeal since 2005. One appeal lapsed for approximately three years; Social Security PASS Specialists' failed to follow the Appeal Process and send the Recipient's case to the Appeals Office at the next level.
Following are some Specific Enrollment Criteria Provided to the Recipient by Vocational-Rehabilitation Counselors/Director Representatives/Specialists for Program Services:
- Prospective Back to Work Program Recipient (Client) must meet in person with Vocational- Rehabilitation Agency Administrator(s) and Supervisor
- Must grant permission for Voc-Rehab to obtain and/or access the prospective Back to Work Client's medical records
- Are asked to submit to extensive proficiency and other tests deemed necessary to determine whether a prospective Client can achieve his/her Individual Education Plan
- Recipient and Voc-Rehab write an Individualized Education Plan (IEP), which the Recipient must agree to; Vocational-Rehabilitation approves and both sign the IEP.
- The signed IEP document becomes a binding contract between the Program Recipient and Vocational-Rehabilitation.
Problems and Obstacles with the Aforementioned Back to Work Programs under the Social Security Administration PASS and Vocational Rehabilitation:
1. Should one's plan end with Vocational Rehabilitation for any reason and the Recipient does not find monies or funding to pay for the program on his/her own, SSA suspends the Recipient and gives the Recipient approximately one-year to fund his/her Back to Work program. Then, if unable, SSA closes the Recipient's case. It does not matter that some Program Recipient were not/are not at fault.
2. Barriers, Obstacles and Unreasonable expectations of Back to Work Recipients result in failure of Recipient to obtain goal and/or become self-supporting.
3. A Recipient SSA Plan's funding which SSA contributes does not cover the PASS plan, yet SSA approves a Recipient's PASS Plan, expecting Vocational Rehabilitation and funding which the Recipient may or may not receive in the future to pay for the SSA Plan. The Social Security Administration does not assume liability, nor does SSA take responsibility when Vocational Rehabilitation bails from its responsibility. Instead, if the Recipient is not able to fund the PASS with his/her resources or other resources, the Recipient is penalized, assigned fault and dropped from the SSA PASS Program by SSA.
4. Government workers cannot by law be held liable whether they intentionally or unintentionally provide you with incorrect information and/or a recipient suffers injury as a result of government personnel actions.
5. Program Recipient's rights which The Constitution of United States guarantees are not supported or upheld under Government agency Back to Work and such other Programs (specifics have been listed in detail and discussed in the Recipient's Book, Slinging Stones when US Congress has lost control and American Courts are out of control).
6. This Recipient was informed by a Social Security PASS CADRE Specialist that SSA did not have to review the Recipient's written and approved Plan with Vocational-Rehabilitation, yet, SSA relied upon Vocational Rehabilitation to fund the bulk of the Recipient's SSA PASS.
7. SSA failed to hold entities responsible, liable, or request an accounting of those entities actions or their policy regulations when such adversely and drastically affected the Recipient and Recipient's Back to Work Plan.
8. When major actions, resulted in drastic affects and effect upon the Recipient and the Recipient's approved Back to Work PASS Plan, SSA Specialist would not accept changes to or allow the Recipient to modify the plan to reflect the changes (details forthcoming later).
9. A "Back to Work Program" Recipient's Complaints, Grievances, Hearings, "Fair" Hearings and Appeals with both the Social Security Administration and Vocational Rehabilitation are conducted and held inner agency and most often by the agency's own personnel.
10. Should the Recipient and/or Recipient's attorney show that an agency is at fault under government programs, the highest ranking official within the agency can overturn a decision or decide against the Recipient (documented in the Recipient's Book, Slinging Stones when US Congress has lost control and American Courts are out of control).
11. In the Recipient's case, SSA PASS deliberately ignored the law, refused to include or review legal documents from the Recipient's Vocational Rehabilitation Case either before or during the Recipient's Requests for Consideration or Appeal to SSA -closure of her SSA PASS Case. SSA has refused and failed to add a copy of the Recipient's legal case against Vocational Rehabilitation to the Recipient's SSA PASS file as requested by the Recipient. The attorney for the Recipient provided support which showed Vocational Rehabilitation at fault in the Recipient's against Vocational Rehabilitation.
12. According to Administrative Procedures Act, the Recipient should have continued being provided with services until the conclusion of the Appeal. The Appeal is on-going, but not the services in this Recipient's case.
13. The Social Security Administration retaliated against the Recipient. SSA reduced the Recipient's Social Security Benefits, cut off her SSI Benefits (unlawfully) even though the Recipient's case was on Appeal and SSA PASS funds remained untouched in the SSA mandated Bank Savings Account. SSA's unlawful and retaliative actions resulted in serious repercussion, damage and injury to this Recipient.
14. When a Recipient's case of this nature comes before the Courts (judges) in our land; the practice of most Courts are to dismiss the Recipient's case (see Author's book, Slinging Stones when United States Congress has lost control and American Courts are out of control for the grounds on which the Courts dismissed the Recipient's cases.)
Sometimes individuals lash out at Recipients under these Administrative Agencies' Back to Work and other government programs; be aware that Back to Work Program Recipients of these programs did not create the agency program rules, nor, most often, the violations and chaos that exist within. Until next time...
From me, to you
Mrs. Dorothy Barron, Author
"Slinging Stones… Blog" by Mrs. Dorothy Barron:
http://dorothybarron.com/slingingstones or
http://mrsdbarron.typepad.com/slingingstones
Parents Taking Charge in Education Blog: http://mrsdbarron.blogspot.com
Twitter: Follow Mrs. Barron at http://twitter.com/mrsdbarron
Citations
*The SSA and Medicare Trustee Report News Conference can be viewed in C-SPAN's Library
http://www.c-spanvideo.org/program/TrusteesRepo . http://www,C-Span.org .
**Social Security Online. Program Development & Research. Elements of a Plan to Achieve Self-Support. http://www.socialsecurity.gov/disabilityresearch/wi/passelements.htm . USA.gov. 14 Jun
2011.
***Social Security Online. Program Development & Research. Plan to Achieve Self-Support (PASS). http://www.socialsecurity.gov/disabilityresearch/wi/pass.htm . USA.gov. 14 Jun 2011.
Additional Resources
Social Security Online. Security Forms. Plan for Achieving Self-Support. Form SSA. 545.
http://www.ssa.gov/online/ssa-545.html . USA.gov. 14 Jun 2011.
Social Security Online. Social Security Act. Compilation of Social Security Laws. P.L. 106–170, Approved December 19, 1999 (113 Stat. 1912). Ticket to Work and Work Incentives Improvement Act of 1999. http://www.ssa.gov/OP_Home/comp2/F106-170.html . USA.gov. 15 Jun 2011.
The Institute for test Child Health Policy. Video & Transcript of PASS Success Stories. http://www.ichp.ufl.edu/videos/pass . http://www.ufl.edu . 14 Jun 2011.
Barron. Dorothy. Author. Book. Slinging Stones when United States Congress has lost control and American Courts are out of control. 2008. (some have expressed an interest in purchasing the book. For more information, please contact jarrods_pub@yahoo.com .
Social Security Online. Social Security Act. Compilation of Social Security Laws. Index to the Social Security Act. Volume I. http://www.ssa.gov/OP_Home/ssact/comp-ssa.htm . USA.gov. 15 Jun 2011.
Social Security Online. Social Security Act. Compilation of Social Security Laws. Code of Federal Regulations, Title 21 and 42. Federal Rules of Civil Procedure. 28. U.S.C. Appendix. Table of Contents. Volume II. http://www.ssa.gov/OP_Home/comp2/comp2toc.html . USA.gov. 15 Jun 2011.
US Department of Education. The Office of Special Education and Rehabilitative Services (OSERS)
http://www2.ed.gov/about/offices/list/osers/index.html . 14 Jun 2011.
US Department of Education. Rehabilitation Services Administration. aka-State Vocational Rehabilitation Services Program. http://www2.ed.gov/programs/rsabvrs/index.html . 14 Jun 2011.
US Department of Education. Pell Grants; formerly called Basic Educational Opportunity Grants
http://www2.ed.gov/programs/fpg/index.html . 14. Jun 2011.
State of Tennessee. Department of Human Services. Office of Vocational Rehabilitation. Eligibility for Services. http://www.tn.gov/humanserv/rehab/evrs.html . 14 Jun 2011.
The Rehabilitation Act. http://www2.ed.gov/policy/speced/reg/narrative.html . 15 Jun 2011.
