HUD Exchange - Getting to Work: A Training Curriculum for HIV/AIDS Service Providers and Housing Providers - Module 2
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Getting to Work: A Training Curriculum for HIV/AIDS Service Providers and Housing Providers
Module 2: Adopting an Employment and Training Mindset – Organizationally and Individually
Getting back to work is essential to leading an independent, healthy life.
Employment Gives Identity
Vanessa Johnson
Board Member
National Working Positive Coalition:
Employment is important for people living with HIV because ultimately it helps us survive. I started working again because I needed to be doing something, I didn’t want to stay home, I wanted to feel valued. I wanted to make a contribution to society.
And more importantly I wanted my son Brandon to know that, you know, life goes on, that this is a hard thing to deal with. But, in the end, you pick yourself up and you keep going and one of those ways is to get back and on the track of life.
Narrator: Many people living with HIV or AIDS are finding their way off of assistance and getting back to work.
Cecilia Chung
Senior Strategist, Transgender Law Center:
As a transgender woman who had gone through a period of time where I wasn’t able to find work, I can certainly attest to the power of having a job and being a productive part of the society. It empowers me. It gives me back a voice that I thought I lost while I was marginally housed and not able to find any job because I transitioned.
Narrator: Getting back to work is essential to leading an independent, healthy life. Navigating that road isn’t easy. So a new effort is underway to bring tools and strategies directly to HIV/AIDS service providers across the country.
Dylan Orr, Juris Doctorate, Chief of Staff
Office of Disability Employment Policy, U.S. Department of Labor:
I really see this project and this curriculum as a culmination of work that’s been done by the community and that’s been joined by the department of labor and other agencies to highlight the efforts and the successes that have happened really across the country from number of years that people don’t know about,
the HIV/AIDS epidemic initially was about helping people die and die with dignity and now the HIV epidemic needs to be about helping people live with dignity. Employment is critical to that effort.
Narrator: We know that many people living with HIV or AIDS are living in poverty and are not working. Each of us has a role to play in changing that.
Stan Sloan, CEO
Chicago House:
We have done studies on employment as a structural intervention around HIV but it’s also a structural intervention around keeping people out of the emergency systems for health care and it’s also a structural intervention to keep people from losing their housing and becoming homeless because after somebody is homeless then that cycle becomes so much more expensive to our whole system.
So it’s a means of prevention that actually saves money I do feel like across the board for those different silos.
Narrator: As an HIV/AIDS service provider you can change the course of history.
Gina Brown
Case Manager, Priority Health Care When we are talking about employment and we are talking about giving people with HIV a real chance, I know for myself just being employed makes me feel better and it makes me want to take care of myself and then I know I am going to the public so I have to take care of myself and as a positive woman, I am leading by example.
So, providers have to understand that true employment don’t just feel good to your heart, you immune system loves it too.
Adopting an Employment and Training Mindset – Organizationally and Individually
This module is the second in a three-part series. In it, we will explore what employment services are and how they can be delivered. This module will provide a broad overview of these topics as a foundation for Module 3, which will present in-depth information about the many different forms employment services can take.
Advances in treatment have resulted in more people with HIV/AIDS (PLWHA) living longer lives and experiencing greater health.
In recent years, advances in treatment have resulted in more people with HIV or AIDS living longer lives and experiencing better health. Many want to work and have the ability to work, and a growing body of research indicates that doing so has many positive benefits. The term ‘employment services’ refers to a variety of activities that help people prepare for, obtain, and keep jobs. More and more HIV/AIDS service providers are adding employment services to their programmatic offerings. In this training, we will call this process "vocationalizing." Before adopting such activities, service providers should understand:
This module, Adopting an Employment and Training Mindset – Organizationally and Individually (Module 2) considers:
The range of possible employment services
The vocationalizing process for organizations and the employment process for individuals
Employment in the context of disability, including various disability non-discrimination laws and regulations
How transitioning to work may impact individuals’ eligibility for public benefits.
Adopting an Employment and Training Mindset - Organizationally and Individually is divided into four parts.
Use the below links to go directly to each section.
HOPWA Getting to Work Employment Initiative: Capacity Self Assessment
Getting to Work Wrap-Up – 11/2012
Sustainability: Ensuring Your Employment Program’s Long Term Success – 09/2012
Navigating Workforce Systems – 07/2012
Living and Working with HIV – 03/2012
Job Readiness Services – 04/2012
Benefits Planning and Returning to Work – 03/2012
Vocational Assessments – 02/2012
Vocationalizing – 12/2011
DOL/ODEP HIV/AIDS Topic Page
Resource Guide for Individuals Seeking to Enter or Reenter the Workforce
Success Stories — Individual, Employer and HIV/AIDS Service Provider Examples
HIV/AIDS Service Providers with Employment/Training Services
Institute on HIV/AIDS and Employment Event Report
HIV/AIDS Employment Roundtable Proceedings Report
DOL/ODEP Return-to-Work Toolkit
Job Accommodation Network
Job Accommodation Network: Accommodation Ideas for HIV/AIDS
AIDS.gov: Employment
SSA "Red Book" (SSI and SSDI Work Incentives)
Disability Benefits 101
HUD Earned Income Disallowance Training
Disability Benefits 101
Work Incentives
Work Incentives Planning and Assistance (WIPA) Overview
Medicaid Employment Initiatives
Using Medicaid Funding to Support the Employment of People with Disabilities
Work Incentive Seminar Events (WISE)
Medicaid Buy-In Program
DOJ HIV/AIDS Webpage
DOJ Guide to Disability Rights Laws
DOJ Frequently Asked Questions about ADA
EEOC Disability Discrimination Overview
EEOC ADA Fact Sheet
EEOC ADA Webpage
EEOC Rehabilitation Act Webpage
DOL Rehabilitation Act Webpage
DOL WIA Webpage
DOL FMLA Fact Sheet
DOL FMLA Advisor
DOL State FMLA Chart
HIV, Employment Discrimination and the Law Webpage (AIDS.gov)
HealthCare.gov
American Evaluation Association
American Psychological Association
Partner Services Evaluation Field Guide—Centers for Disease Control and Prevention (CDC)
W. K. Kellogg Foundation—Logic Model Development Guide
Use the Back and Next buttons on the bottom left of the screen to move one slide forward or backward. You can use the Table of Contents button to navigate to the outline slide. Use the unit links on the outline slide to navigate directly to any unit. The home button will take you to the opening slide for this module.
The information in this unit will help service providers define employment services and think about them in terms of "supply and demand."
Individuals may access employment services using a range of resources, both publicly and privately funded, that can help them pursue their employment goals. To be effective, these services should be individualized and sufficiently flexible to meet the service needs of people at varying stages of readiness to work
Employment services should "meet people where they are," as opposed to only benefiting those who already have a prescribed measure of skills or experience. Individualized employment services planning should be based upon job seekers’ interests, preferences, and skills, as well as the types of jobs that are likely to be available locally.
Demand may occur on an individual basis, when an employer needs just one or a few employees, or on a group basis, when an employer has a need for many employees at once. HIV/AIDS service providers who integrate employment services into their service menus often focus on the supply side by strengthening the capacity of individuals to find and maintain employment.
Employment services must be considered from both an organizational and individual perspective. This unit will help HIV/AIDS service providers to assess options related to integrating employment assistance into their service menus, or expanding existing programs.
"Vocationalizing" is a term used to describe the process a service provider undergoes as it begins to evaluate the employment services needs of its clients and develop strategies for meeting them.
Examples of vocationalizing through the enhancement of existing services and development of new programming include:
The process of vocationalizing is different for different organizations. For some, it might entail implementing modest revisions to existing services or developing strong referral partnerships with other organizations that already offer employment services. For others, vocationalizing might mean developing new employment services programs internally. Whatever approach an organization decides to take, the vocationalizing process requires identification of barriers clients experience related to considering and pursuing employment, and the development of strategies for overcoming or eliminating identified barriers.
Vocationalizing also includes enhancing existing services or developing new programming to maximize opportunities for clients to develop skills and prepare for employment. Examples of possibilities include:
Vocationalizing occurs in different ways, depending on the organization, clients’ needs, and the local labor market.
Vocationalizing looks different depending on the setting, the clients’ needs, and the local labor market. Some organizations have decided to vocationalize by offering additional services such as employment-focused case management; job training; vocational assessment; career counseling; job search skills training; job referral or job placement; and ongoing employment retention supports. Some have developed their own social enterprises, creating businesses to provide training and employment opportunities for their clients. Others have offered microenterprise development assistance for individuals seeking to launch their own businesses.
Some organizations have decided to vocationalize by implementing:
Goldblum, P., & Kohlenberg, B. (2005). Vocational counseling for people with HIV: The client-focused considering work model. Journal of Vocational Rehabilitation, 22, 115-124.
The figure shown on this slide depicts the Client-Focused Considering Work Model. It provides a useful framework for assessing employment options for both organizations and individuals. Each of its stages is key to the vocationalizing process for an organization. The next few slides will describe each component of the model in detail.
Before planning to implement employment services, HIV/AIDS service providers must assess how they would contribute to their organizational mission, vision, and values. This process may include a review of the research findings on the benefits of employment on HIV/AIDS health and prevention outcomes and a review of activities and outcomes of other HIV/AIDS service providers who are having success providing employment services – directly or through community partnerships.
It is also important to explore internal and external attitudes, client needs and interests, and current resources related to employment services. This information helps inform decision-making, planning, and outreach to potential community partners.
During the assessment process, members of an organization should gather information specific to the organization itself as well as information about the community in which it resides.
Internal Exploration:
External Exploration:
During the assessment process, members of an organization should gather information specific to the organization itself as well as information about the community in which it resides.
During internal exploration, the organization may:
During external exploration, the organization may:
An HIV/AIDS service provider that has made the decision to integrate employment services is in the preparation phase of the model. In this phase, the organization develops a vocationalizing plan that supports its mission and takes into account community needs, existing resources, and information gathered during the contemplation phase. This plan should specify the types of services that the organization has decided to provide, as well as information about how they will be developed.
When preparing for program development, it is important to:
Most HIV/AIDS service models were designed for caretaking, based on a condition that for many years was untreatable and stigmatizing. Offering employment services may require a significant shift in thinking for some HIV/AIDS service providers.
To implement the service model identified during the preparation phase, HIV/AIDS service providers should map planned activities back to program goals and objectives and identify needed "human capital" (e.g., staff, volunteers, board of directors) and other "inputs" (e.g., facilities, insurance, equipment, supplies and materials).
The plan should also outline structures for collecting, evaluating, and reporting data to assess effectiveness and identify areas for improvement. This may include creating client satisfaction surveys and systems for short- and long-term monitoring of client outcomes.
It is important to note that evaluation does not just happen at the end of service delivery. Evaluation should start at inception and be embedded in the organization’s mission. For more information on developing an evaluation plan and how to conduct an evaluation, see the Resources section.
An organization’s vocationalizing plan breaks down the steps necessary to integrate employment services. These vary depending on the organization and the services to be offered, but may include:
The plan is a living document and should be revisited and revised regularly to reflect lessons learned and new realities.
Resolution occurs when the employment services are implemented. Focus shifts to maintaining, evaluating, and working toward continuous improvement. Ongoing assessment and relationship development are key to sustaining success during this phase.
By measuring appropriate outcomes (e.g. number of clients who obtain jobs or complete job training programs) and using the data to adapt programming, organizations ensure that their employment services are effective.
It is also critical that organizations in this phase nurture ongoing collaboration with workforce development and vocational rehabilitation providers, employers, other HIV/AIDS service providers, PLWHA and other community partners.
Take a moment and answer these questions to deepen your learning.
Answer Choices:
Answer Choices:
The information in this unit is intended to help HIV/AIDS service providers better understand the experience of individuals considering work.
The vocational process for individuals can be understood as a set of concrete steps that align with the four stages of "considering work." As we revisit the Client-Focused Considering Work Model, notice that "resolution" is actualized, not through evaluation, as at the organizational level, but rather through post-employment support. Depending on an individual’s unique circumstances, each of these four steps might present different challenges and opportunities for employment service activities. Likewise, different state and federal agencies, departments, administrations, divisions, and offices may use these terms differently. It is important to determine on a case-by-case basis how these terms are used. Unit 4 will illustrate the vocational process of one individual as she moves through each of the four stages.
Vocational assessment explores the client’s occupational interests, values, preferences, strengths, and skills; potential or perceived barriers; and job readiness. It is not a tool to screen people out, but a way to help the client make well-informed decisions about employment. Assessment can be formal or informal and includes gathering of data (e.g., medical and psychosocial information, disability benefits and other financial or legal factors, work/education history, certificates/licenses) and opportunities for self-assessment. See the Resources page for examples of vocational assessment tools.
Layla had a substantial work history as a medical receptionist for eight years after earning an associate’s degree. She tells her Case Manager, Roberto that as she became increasingly impacted by addiction and a troubled relationship, her work performance deteriorated. She quit her job when she realized she was at risk of being fired. This was four years ago, and she has not worked since.
"I’m feeling strong and well enough to go back to work, but I’m not sure what to pursue. Do you think this is something you could help me figure out? I did pretty well at my job back when I worked at the doctor’s office, before I got sick. I was good enough with people, but mostly I liked keeping everything organized. It was the same with college. I made the dean’s list a couple times and kept a very tight schedule."
Layla feels ready to go back to work after four challenging years dominated by discovering and adjusting to her HIV status, undergoing treatment for substance use and depression, and gaining independence from an abusive partner.
"I told my doctor that I’m interested in starting to work again. She thinks that my health is stable enough for me to go back to work. In fact, she said that she thinks this could be really good for me."
At the time she began considering work, Layla was receiving SSDI and a HOPWA partial rent subsidy.
"I’m worried that I’ll lose my financial and housing benefits if I go back to work. And how would my health insurance benefits change? These are the questions that keep me up at night.
Roberto, Layla’s Case Manager, referred her to the nationwide Work Incentives Planning and Assistance (WIPA) program. WIPA offers assistance to individuals receiving SSDI and/or SSI to learn about and plan transitions to employment while receiving disability benefits.
"I’ll make an appointment with the local WIPA program office and get some detailed information from them. Thanks for telling me about this, I hadn’t heard of this program before."
Roberto listened carefully and helped Layla problem-solve. He asked probing questions that encouraged Layla to think through her concerns and identify potential sources of formal and informal support. He helped her to consider strategies, resources and programs that could help her navigate an optimal transition to work. Would her mother be able to help with child care? What did she think about completing a certification program?
"I’m afraid I won’t be able to find a decent job after being out of work for so long. I really want to be able to get a good job with the potential for advancement. What kind of jobs am I actually qualified for now, and how can I convince anybody to actually hire me?"
Having lost the structured routine and expectations of employment for several years, Layla was unsure of how she might handle such a big change.
"I’m a hard worker, and I know I could do well again at work. But I haven’t had a job or any place I had to be on time every day since before I was on my own with the kids, and I’d be lying if I said I wasn’t nervous about that. I’m also a little worried that I might run myself down physically and risk my health if I push myself too hard. It would be great if I could start by doing a trial run or taking a class or something to build up my skills and get back into the swing of things."
Layla knew she needed to learn more about the job duties of the positions that interested her. Roberto recommended informational interviewing and online career research. He helped her contact human resources at a nearby hospital and showed her some relevant employment assessment websites.
"I’d heard of medical records clerks and health information technicians, but wasn’t entirely sure what either job actually was. My case manager, Roberto, suggested that I ask for informational interviews – meetings to talk with people who do these jobs so that I could get a better sense of what they do every day and whether or not either job might be right for me. These informational interviews were a huge help. Roberto also showed me how to use these online tools that let me learn about the current job market. This helps me get a sense of whether there will be good jobs available if I decide to train as a medical records clerk. Based on everything I learned, I decided that I wanted to try this. My longer-term goal is to become a health information technician, which pays even more."
Layla learned from Roberto about the potential of support and financial assistance from her state’s vocational rehabilitation agency for training and job search activities. He also introduced her to resources available through her local American Job Center.
"I was surprised to learn there could be so much support for job training and actually looking for work. Through the American Job Center I have an appointment next week to meet with a Disability Program Navigator working there. I’m so excited to actually picture going back to work again. My life is moving in a whole new direction."
Information obtained during the vocational assessment process will help in the development of an individual vocational/career plan. The purpose of the plan, developed collaboratively by the client and service provider, is to identify the client’s short- and long-term employment goals and articulate the steps to achieve them. In addition to addressing the client’s individual situation, the plan should also take into account relevant external factors, including current and projected labor market trends, available training and education programs, available employment services, and other resources.
When Layla first met with Angela, her Vocational Rehabilitation Counselor, she shared the information she had been gathering with her Case Manager Roberto’s assistance. Together, Layla and Angela would develop Layla’s Individual Plan for Employment (IPE).
"Thanks for working with me, Angela. I’m looking forward to hearing the ideas you have to help me develop an actual plan."
Angela and Layla developed an IPE that reflected all of the areas of support that Layla would need in order to pursue her goal of becoming a medical records clerk: accessible training programs, employment assistance resources, activities to hone her skills and to give her a competitive edge.
"I plan to enroll in an intro to health management course this fall at the community college. They have a co-op program where I can work in a clinic for course credit getting real hands-on experience. I’m going to to ask the instructor if I can audit the course in case it becomes too much for me. I’m also going to pursue options for volunteering in the medical records field."
Layla’s IPE also accounted for important non-vocational areas of her life: her health and healthcare. Her plan ensured her ability to:
"Angela made sure my plan also allowed for family responsibilities and other needs beyond my healthcare. I listed things like transportation, clothing, and other materials I’d need, like books and notebooks and access to a computer, and we identified resources to help me make sure I could get what I needed."
Layla and Angela used the IPE writing process to identify and document each of her goals, and to list the steps necessary to achieve them. One goal was to avoid or minimize expenses related to preparing for employment. Another was to learn about all available supports and resources that would help her do well in training.
"In my research with Roberto, I found out that at the college where I plan to take courses, students with disabilities could receive support services. So steps in my IPE include determining what exactly those services are and signing up for them. Angela is really good at helping me brainstorm less obvious goals that I didn’t think of at first, and then breaking them down into steps for achieving them."
Implementation services may vary depending on the individual goals and needs of the client. Implementation entails accessing the resources identified in the vocational/career plan to make progress toward identified goals. At this stage, the client is participating in activities to increase the likelihood of obtaining employment. For employment service providers, this means helping the client connect to:
When Layla decided to enroll in school, she enlisted a diverse support network that included people from different parts of her life:
"Sometimes the coursework can feel overwhelming, or I find myself slipping out of my routine or just getting really tired. Roberto is constantly checking up on me and encouraging me to reach out to my friends or my sponsor. He makes sure I keep my medical appointments and take my meds. He hounds me if I miss a meeting or a support group. I don’t know if I could make it without his support. I do feel like I’m challenging myself and really developing new ‘muscles’ for self-care and training, and I’m proud and excited. Soon I will be ready to actually start looking for a job."
After completing her classes, Layla began working with Irena, an employment specialist Angela connected her with. Irena was known to be especially helpful to people looking for work with qualifications in the health care industry. She helped Layla develop her resume, prepare for interviews, and build other job search skills.
"I was really nervous about looking for a job. Working with Irena, my employment specialist, helped a lot. It was like having my own personal, well-informed coach, cheerleader, and researcher all rolled into one. Irena helped me apply for medical records clerk jobs available in two hospitals and a clinic that was easy for me to get to. She helped me get ready for my interviews, write thank-you notes, and follow up in a professional way. She also kept me from getting too discouraged when I didn’t get hired by the first hospital or the clinic. Irena pushed me to keep trying. And it worked – I got a great job at the second hospital! I’m so excited. I can’t wait to begin!"
Once employment is achieved, the focus of employment services shifts to post-employment support. For many people living with HIV/AIDS—as well as others who face employment challenges—support while adjusting to a new employment situation is critical to succeeding on the job. Examples of post-employment support include job retention services, job coaching, and ongoing career development to help plan for continued growth and advancement.
After more than five years of not working, Layla began her new job as a medical records clerk at a large hospital. The full range of her support network helped make this transition successful. Continued check-ins helped her navigate through adjustments to her new routine. Layla had prepared well for managing the reporting requirements related to her benefits and stayed on top of those responsibilities.
"It took a while for me to feel I could handle all the major changes in my life that come with being fully employed again. Working full time was a challenge to my self-care activities and I often relied on other people to help me stay on track. It helped to consult my IPE, which listed clear steps during this stage, including how to keep my benefits, and finding time for myself. If it weren’t for Roberto, Angela, Irena, and the rest of my support network, I’m not sure I would have made it."
Eventually, Layla began shifting her roles in some of the places she’d depended on for services. Roberto developed an opportunity for her to connect with another woman who’d recently begun to consider working. Layla then proudly served as the first mentor in a new Getting to Work Mentorship Program for people living with HIV/AIDS in her community.
"All the people in my network of supporters had everything to do with me getting to where I am today. Becoming a mentor to others living with HIV or AIDS who want to go back to work is so rewarding. And it has given me the confidence I need to believe that eventually I can move into even more challenging positions at work."
Stigma/Discrimination
April: There people who have skills and abilities that they are not really aware that they have, that they haven’t tapped into or that they feel because of their diagnosis, they can no longer do it. There is so much stigma and fear about someone finding out your diagnosis, so how far do you really want to step out into the world and let your shield down.
Many people living with HIV or AIDS are eager to get back to work, but face very real concerns about stigma and discrimination.
April: If service providers can see the change in a person who is down in the dumps, really living outside of the world, and you see a person that you give them this stipend job or this volunteer opportunity, how they flourish and how every day, they have a purpose, and they get up out of the bed, and they put on their shirt and their tie or whatever,
and they are providing something to someone else. That changes their whole mindset of what their life could be.
Heather Salek: My hope in five or ten years is that there is no stigma. Stigma has been eliminated and that people living with HIV and AIDS have the opportunities that they deserve to pursue whatever type of career employments life that they wished to have.
HIV/AIDS service providers can play a key role in addressing stigma and discrimination.
Allison: Service providers are in an ideal position to help someone who is struggling with that very issue. They may be struggling with it in their personal life, they may be contemplating how they want to deal with it as they return to work and I think a service provider can both be a sounding board but
also a referral to other people who may be trying to make the same decision or groups of people, where someone can have that discussion in an open and safe environment.
HIV/AIDS service providers have strong partners in the effort to get their clients back to work and protect them in the workplace.
Allison: The Department of Justice role with respect to the National Aids Strategy is to help reduce the stigma and discrimination faced by people with this virus in order to create a safe environment, in order for them to feel safe, not only if they already have the virus but to get tested to find out whether or not they do.
In order for the strategy to work, in order for people to get tested and stay in treatment, they have to feel safe about doing that. They have to feel safe about doing that. And they can’t feel safe about doing that if they think every time they disclose, something bad is going to happen to them,
because then they are going to talk to their friends and maybe their friend who thinks they have the virus, is not going to go get tested, and that’s going to have a really bad outcome for that person. And we really need to be in the business of ensuring that just doesn’t happen anymore.
When transitioning to work, whether for the first time or after a period of unemployment, people living with HIV or AIDS confront a variety of considerations. It is important for those who provide services to people living with HIV or AIDS to be aware of these factors and their implications for clients’ transition to work. It can be helpful to think about these considerations as falling into four categories: medical, legal/financial, psychosocial, and vocational.
Medical considerations might include:
Legal and financial considerations might include:
Psychosocial considerations might include:
Vocational considerations might include:
Of course these are only a few examples. Because each individual’s situation is unique, there is no one-size-fits-all method to supporting clients as they transition to work. Thoughtful and thorough planning is essential. The remainder of this module addresses some additional important factors to consider during clients’ transition to work.
When transitioning to work, people living with HIV or AIDS confront a variety of considerations.
When transitioning to work, people living with HIV or AIDS confront a variety of considerations.
When transitioning to work, people living with HIV or AIDS confront a variety of considerations.
When transitioning to work, people living with HIV or AIDS confront a variety of considerations.
When transitioning to work, people living with HIV or AIDS confront a variety of considerations.
Of course these are only a few examples. Because each individual’s situation is unique, there is no one-size-fits-all method to supporting clients as they transition to work. Thoughtful and thorough planning is essential. The remainder of this module addresses some additional important factors to consider during clients’ transition to work.
In the U.S., it is a civil right to live free from discrimination on the basis of having, being perceived as having, or being associated with someone who has HIV or AIDS. HIV/AIDS service providers play an important role in educating their clients about the laws that protect the civil rights of PLWHA to seek, keep, and advance in
employment while being free from discrimination. Federal law protects individuals with HIV/AIDS from stigma and discrimination in transportation, housing, and the provision of public and private services. These laws provide protections for clients so they can determine whether to disclose HIV/AIDS status or seek workplace accommodations.
Though not all PLWHA think of themselves as having a disability, HIV/AIDS is covered by laws that prohibit discrimination and provide other protections based on disability status in the workplace. Pages that follow summarize these laws and regulations, with further detail in the Resources section.
Employment Gives Identity
Cecilia Chung: Certainly, I think that there is so much change happened on the state level there are many more states now that have passed legislations that prohibit discriminations based on one’s gender identity and expression, and also the ADA prohibits discriminations based on somebody’s disability.
This is all supposed to work for us as people living with HIV and as LGBT people and particularly trans people. But law is just some words on the book until we find ways to put that into practice, finding employers who believe and who invest in these communities, it would just be words in the books.
And I think that that’s where our next challenge is. We are moving towards the right direction, but there is still a lot of work ahead of us.
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Makes it illegal to discriminate on the basis of disability in employment or in provision of services by organizations or entities that receive federal financial assistance under WIOA, and by any program or activity that is provided as part of the nation’s American Job Center network by an American Job Center partner. Under WIOA, people with disabilities, including HIV/AIDS, can expect to participate equally and fully in federally funded job training and employment services. Passed in 2014, WIOA supersedes the Workforce Investment Act of 1998 (WIA) and includes a specific focus on increasing competitive, integrated employment opportunities for people with disabilities, including significant disabilities.
Provides eligible employees up to 12 weeks of unpaid, job-protected leave for a range of health reasons, with continuation of group health care coverage under the same terms and conditions as if the employee had not taken leave. It is important to note that a number of states and some localities have their own family leave statutes, and if a provision of a state or local law is more beneficial to the employee, that provision will prevail. As a result, in some states and localities, individuals may be eligible for more than 12 weeks. Employees may also be entitled to more than 12 weeks as a reasonable accommodation under the ADA (discussed earlier in this section).
Provides rights and protections for participants and beneficiaries in group health plans.
Significantly increases employment options for PLWHA and other disabilities by expanding access to health care, eliminating annual or lifetime benefit limits, and prohibiting discrimination based on pre-existing conditions. http://www.aids.gov/federal-resources/policies/health-care-reform/
Disclosure Tate/Salek
Tim Tate: Within a week of my discovery I was HIV positive, I was on the front page of the Washington post saying I was HIV positive. The second you tell people you’re positive, you will be surprised that many people would go and go "Oh my God my wife is" my grandfather is whatever.
To be that open about it and to be allowed to be that open it, my employer by my family, then I had to hide nothing. And when I had to hide nothing, I was a better person for it. I'm really happy I did it that way.
Heather Salek: It’s a very personal decision. I think it’s important that the individual think about if it something they want to do when they want to do it and how they want to do it and making sure that they feel comfortable and safe but also understanding,
you don’t have to disclose its no one’s business unless you choose to disclose it and we take confidentiality very seriously and I make sure when I meet with people I upfront and explain to them.
This is very confidential and I will never call an employer and say hey i'm Heather from Cascades AIDS Project and i'm working with Bob like I will never do that unless you say hey can you do that can you introduce me and i'm okay if your Heather from Cascades AIDS Project, so making sure we're on the same page and i'm respecting this person wishes and how they choose to be identified.
Concerns about disclosure often loom large for people living with HIV or AIDS who are considering work. Unaddressed, they can thwart progress and even willingness to access needed services and resources outside familiar HIV/AIDS service systems. Ultimately, whether or not to disclose is a personal decision that needs to be determined and supported on an individual basis, including how it will be handled in an employment setting.
In addition to concerns regarding disclosing HIV or AIDS status, some people with histories of legal convictions, incarceration, or addiction require support and guidance determining if, when, and how to share this information with employers. For instance, it may be daunting to anticipate discussing gaps in work history related to these issues during job interviews or workplace interactions.
It is valuable for service providers to help their clients to explore scenarios related to disclosure—to consider when it may or may not be in an individual’s best interest to disclose their status, or more broadly the existence of a disability. Some individuals may not want to disclose their status in an employment setting, while others may choose to be open in all settings.
HIV/AIDS service providers can directly, or through partnerships, provide essential training and access to information and guidance about the protections under the ADA, HIPAA, and other laws that cover people living with HIV or AIDS. Doing so can reduce anxieties that may otherwise inhibit progress towards employment. Providing accurate information and resources to address disclosure concerns can also increase individuals’ confidence in managing workplace concerns and ultimately, the likelihood of achieving employment goals.
Concerns about disclosure often loom large for people living with HIV/AIDS.
Some people with histories of legal convictions, incarceration, or addiction require support and guidance determining if, when, and how to share this information with employers.
It is valuable for service providers to help their clients to explore scenarios related to disclosure—to consider when it may or may not be in an individual’s best interest to disclose their status.
HIV/AIDS service providers have a key role to play in educating PLWHA about their rights and protections under the ADA, HIPAA, and other laws.
While a significant focus of vocational services is preparing for and obtaining work, post-employment supports (also called post-placement or retention supports) are just as essential. Post-employment supports may include assisting people living with HIV/AIDS to access important resources including reliable transportation, back-up child care, and suitable work clothing. These supports may also include helping people to sharpen their problem-solving and other "soft" skills, and gain the confidence and resources to manage the challenges that often accompany transitioning to work, including those related to job demands, health (for example, treatment adherence, regular lab and medical appointments, self-care), personal life, and co-workers and/or supervisors.
For some people living with HIV/AIDS, accommodations may also be critical to employment success once on the job. Under the ADA, an accommodation:
For some people living with HIV/AIDS, reasonable accommodations may be critical to employment success once on the job. Under the ADA, a reasonable accommodation is any reasonable modification or adjustment to a job, the job application process, or the work environment that enables a qualified person with a disability to apply for a job, perform the essential functions of the job, or enjoy equal access to benefits and privileges available to other individuals in the workplace.
Examples of "reasonable accommodations" include:
Accommodations
Narrator: Employment is an essential part of living an independent, healthy life.
Christopher: Service providers should understand that we are just like anyone else. We want to get back on our feet and be able to provide for ourselves and also our families. And we are not asking for much we just want a job. You want an employee and if ducks are all in alignment, then why not give this person a job.
Narrator: People living with disabilities including HIV or AIDS have a right to reasonable accommodations to address barriers to their success on the job.
Allison: Lots of people are not going to understand what the word reasonable accommodation means. There is lots and lots of help out there for people, both for service provider and for the people who have this medical condition. The Job Accommodation Network has wizards there who can figure out any accommodation for any kind of a situation that you might have.
So there are many state resources, you don’t necessarily have to come to the federal government for that, that are more local and probably more accessible to people. So I just think it’s important to reach out, to not let things accelerate to the point where the bad thing has already happened. You want to prevent that from happening, so you want to do that reach out early.
Narrator: There are experts in your area who can advise service providers and their clients on the best ways to approach requesting an accommodation.
Lou Orslene: All of our services are free. Experts and confidential. So what they do is they can coach individuals living HIV and AIDs through the accommodation process and talk about some of the solutions that we know have worked in the workplace.
Narrator: Every day people across the nation living with HIV or AIDS are making valuable contributions to their workplace and their community.
Christopher: Seems like mostly everybody has some level of disability whether it’s physical, whether it’s mental, or even an educational disability but that doesn’t mean that I am not worthy of a job or that I am not capable of doing my work. It just means that I need an accommodation that can help me improve my work and also improve my personal life
because once I am happy with having once my medical is okay, then honey, you got me for good in terms of me able to produce the work.
If an individual with HIV/AIDS needs an accommodation in order to apply for a job, they (or someone authorized on their behalf) must request one by letting the employer know that they need an adjustment or change because of a disability. This can be done at any time during the application process. If an employee needs an accommodation once on the job, the employee (or someone on their behalf) should request one from the employer.
Once a request for a reasonable accommodation has been made by an employee, the employer should discuss available options with the employee and work together to determine an appropriate accommodation. The employer must provide the accommodation unless the employer can demonstrate that the requested accommodation would impose an undue financial or other hardship on the operation of the business.
In some cases it may be possible for an individual, or a service provider communicating with an employer on behalf of that individual (with permission), to disclose that the individual has a disability without revealing that the individual has HIV/AIDS. It may be sufficient to say that he or she has a medical condition or disability covered by the ADA, or that the medical condition adversely affects the immune system.
When doing so, they should be prepared to answer two key questions:
An employer can require medical documentation of the employee’s disability and the limitations resulting from that disability, so disclosure may be necessary at some point during the reasonable accommodation request process. If an employee discloses his or her HIV status, the ADA requires that this information be kept apart from general personnel files as a separate, confidential medical file available only under limited conditions.
Service providers, job seekers, employees and employers can obtain expert guidance on job accommodations for people with disabilities, including HIV/AIDS, from the Job Accommodation Network (JAN), a free service of the U.S. Department of Labor’s Office of Disability Employment Policy (ODEP).
Contact information for Job Accommodation Network is provided in the Resources section of this module.
Three examples of accommodations for people living with HIV/AIDS in different work environments are described on the following slide. You will be able to hear their stories.
Michael’s job in a pharmacy requires that he stand for several hours per day. He has requested accommodations to address the strain on his body from standing for hours on a tile floor without regular breaks.
I love my job at the pharmacy, but standing for eight hours a day on the hard tile floor was really getting to me. I spoke with my supervisor, and she negotiated with the owner to carpet the floors with extra padding and she purchased a lean stool to help when I’m standing. I also requested permission to take a half hour lunch instead of an hour so that I could use the remaining half hour to take additional brief breaks throughout the day when I’m feeling fatigued. I feel so much better now at the end of the day than I did before. I was worried I’d have to find another position elsewhere, but now I’m really comfortable at work.
Brandon’s pain and digestive issues related to his illness made his days as a computer operator difficult.
I have been at my job for over five years. A few months ago I started experiencing more health issues and I was really having a hard time at work. I lost a lot of weight, and it became painful for me to sit in my desk chair. Even worse – I was running to the bathroom constantly. Everything I ate was going right through me. It was embarrassing and exhausting to have to walk all the way across the building to get to the restroom – sometimes two or three times an hour. I felt like everybody was noticing me walking back and forth all the time and wondering what was going on. I was also so tired from all of the walking that I could hardly move by the end of the day.Finally I spoke to a person in human resources, and he was great. He arranged for me to move to a workstation right next to the restroom, and my company got me an ergonomic chair with extra padding. I am much more comfortable and able to focus on my work, instead of counting down the minutes until I can get home and be comfortable.
Sonia’s work hours made it difficult for her to get to necessary medical appointments.
I’m HIV positive but nobody knows at work. I’d like to keep it that way. I’m a legal assistant for a law firm and I love my job. It’s frustrating though because the HIV clinic is only open during work hours. I finally told my boss that I had periodic medical appointments during the workday and he suggested I work a flexible schedule to accommodate them. Now I come in early and stay late on the days I don’t have appointments. It is a huge relief to make it to all my medical appointments and go to counseling, without always worrying about work – I feel like I’m finally taking care of myself.
Job Accommodation Network
Lou Orslene: So the job accommodation network has been providing services for over 30 plus years, to people with disabilities, employers, service providers and other interested in helping people with disabilities gain employment. When you look at our customers satisfactions rates, they are very high. So, there’s a lot of confidence and there’s a lot of competence, within organizations providing support.
Discrimination based on HIV and AIDS is illegal. This includes the unlawful denial of reasonable accommodations. For more information, visit www.ada.gov/AIDS.
An applicant or employee who believes that he or she is being unlawfully denied a reasonable accommodation by an employer may file a charge with the nearest Equal Employment Opportunity Commission (EEOC) office. There are time limits for filing a charge. For more information about the ADA’s employment provisions, or to file a charge of discrimination, please call the EEOC at 800-669-4000 (Voice) or 800-669-6820 (TTY), or visit www.eeoc.gov/employees/charge.cfm.
Take a moment and answer these questions to deepen your understanding of this module.
Quiz
Answer Choices:
Answer Choices:
Sheila started a job as a dishwasher at a large chain restaurant about 2 months ago with the understanding that she would be trained to wait tables there as well. Recently she approached her supervisor to ask when she could start this training, and he explained that he had decided not to train her to wait tables after all. Sheila suspects that his decision is related to her HIV status, which she recently told him about. Sheila is thinking of complaining to the district manager, but is afraid that if word gets back to her supervisor, she might lose her job altogether.
Which of the following laws might offer protection for Sheila in this situation?
Answer Choices:
Sheila has decided to accept a new position with another company and has not decided if she wants to disclose her HIV status. She is concerned about her ability to keep this private when she discovers that one of her co-workers is married to a nurse that she regularly sees in her HIV clinic.
Which of the following laws offers protection for Sheila in this situation?:
Answer Choices:
The many policies that impact financial, medical, or housing benefits can be challenging to understand—for recipients and their service providers.
Categories of benefits to consider in employment-related benefits planning include:
The many policies that impact financial, medical, or housing benefits can be challenging to understand—for recipients and their service providers. This complexity and concerns about undermining financial stability and health care may make some PLWHA and service providers reluctant to even explore employment options. However, there are safeguards in place that make working a viable option for PLWHA who are receiving benefits. Categories of benefits to consider in employment-related benefits planning include:
Some people living with HIV/AIDS may be receiving Supplemental Security Income (SSI) and/or Social Security Disability Insurance (SSDI) benefits, commonly referred to as "disability benefits." If the beneficiary’s health improves and he/she wants to work, there are rules and incentives that can help.
SSI pays benefits based on financial need. The monthly payment varies up to the maximum federal benefit rate. Furthermore, some states add money to federal SSI payments. In most states, beneficiaries are automatically eligible for Medicaid, the state-federal health care program for low-income individuals.
SSDI pays benefits to individuals and certain members of their families if they are "insured," meaning that they worked long enough
and paid Social Security taxes; the monthly payment is based on the Social Security earnings record of the insured worker. The worker is automatically eligible for Medicare after receiving SSDI for two years.
Note: When working with a client who is receiving benefits, it is important to first determine whether they are receiving SSI, SSDI, or both.
SSI and SSDI have their own "work incentives" – special rules that make it possible for people receiving SSI or SSDI to work and still receive monthly payments and Medicaid or Medicare.
The Ticket to Work and Work Incentives Improvement Act of 1999 aimed to remove disincentives to work for Social Security beneficiaries with disabilities, including through the Ticket to Work and Self Sufficiency Program. This program, which is free and voluntary, allows all SSI/SSDI beneficiaries to access career counseling and job placement services from authorized employment service providers.
You will learn more about this program in Module 3 of this course. Work incentives allow people with disabilities who receive SSI or SSDI to keep their benefits while they explore employment, receive vocational rehabilitation, and gain work experience. Cash benefits and/or Medicaid or Medicare can also often continue throughout their transition to work.
In addition, there are protections in place to help individuals return to these benefit programs if they are unable to continue working due to their disability.To learn more about these work incentives, visit http://www.chooseworkttw.net/about/frequently-asked-questions/index.htm.
SSA offers several resources to help beneficiaries understand work incentives and services available to them.
The Work Incentives Planning & Assistance (WIPA) projects, which are staffed by Community Work Incentive Coordinators (CWICs), offer in-depth counseling about working, earning more money, and how working may affect benefits.
Work Incentive Seminar Events (WISE) are also available, which provide free, accessible online learning opportunities for beneficiaries to learn about various programs and work incentives. See the Resources section for additional information on WIPA and WISE.
The following slides will address how work impacts SSI and SSDI benefits and various work incentive programs.
Individuals receiving SSI will not automatically lose their SSI benefits if they transition to work. Income is counted to determine a new monthly payment using a simple calculation. In many cases, individuals who receive a combination of SSI or SSDI benefits and income from a job earn more per month than they would if relying on public benefits alone.
When countable income and earnings are reduced, the client’s SSI cash benefit is increased. Additionally, as long as the individual’s income does not exceed a certain amount, he or she will not lose the SSI cash benefit.
It is important to remember, however, that for many, getting off of SSI benefits entirely and achieving self-sufficiency is the ultimate goal. Also, many states have "Medicaid Buy-In Programs."
These programs allow adults with disabilities to earn more than would otherwise be possible and keep their Medicaid health care coverage. For more information on the availability of the Medicaid Buy-In Program in your state, see the Resources section for useful links.
Using the SSI Cash Benefit Calculation
It is vital that SSI beneficiaries access individualized benefits counseling when planning for employment. The following example illustrates how employment can impact benefits but should not be considered comprehensive or a substitute for consultation with a trained benefits counselor.
In simplest terms, SSI work incentives reduce an SSI recipient’s monthly benefit amount by $1 for every $2 earned – this is the central baseline formula. Countable income and earnings are reduced for all beneficiaries by two exclusions – a General Income Exclusion and an Earned Income Exclusion – intended to help offset expenses incurred while working.
It is vital that SSI beneficiaries access individualized benefits counseling when planning for employment.
SSI work incentives reduce an SSI recipient’s monthly benefit amount by $1 for every $2 earned.
This table shows how to make the calculation described in the audio. It is built up step-by-step, so it might be easier to read it after the audio has completed and all of the steps have been written to the screen.
| $685 | Gross Earned Income |
|---|---|
| -$85 | Subtract Exclusions |
| $600 | Divide by 2 |
| $300 | Countable Earned Income |
| $721 | SSI Cash Amount |
| $300 | Subtract Countable Earned Income |
| $421 | New SSI Cash Amount |
| $1,106 | Total Monthly Income |
| + $385 | Monthly Difference |
The monthly maximum SSI amounts for 2014 are $721 for an eligible individual, $1,082 for an eligible individual with an eligible spouse, and $361 for an additional person. Two exclusions apply to all beneficiaries. The first is the General Income Exclusion, which is $20.00; and the second is the Earned Income Exclusion, which is $65.00. Thus, you would subtract both exclusions, which together equal $85, from the monthly income the beneficiary earns by working. Once you have subtracted this $85, you will divide the remaining work income by 2 to determine countable earned income. When you subtract that amount as your countable earned income from your SSI payment, you can determine the new monthly SSI payment amount.
Let’s think of this in real terms. Simon is an SSI recipient with no spouse or dependents. Before he started working, Simon was receiving a monthly SSI benefit payment of $721. He started working part-time making $685.00 per month and has no exclusions other than the General Income Exclusion of $20 and the Earned Income Exclusion of $65. So, to calculate Simon’s countable income, you would start with his $685 in wages, then subtract both the $20 General Income Exclusion and the $65 Earned Income Exclusion, which leaves $600. We divide this $600 by 2 to derive Simon’s countable income, which is $300.
In order to calculate Simon’s new SSI payment, we subtract this $300, which is his countable earned income, from the original SSI payment of $721. The resulting $421.00 will be Simon’s new SSI payment. In Simon’s case, his new total monthly income will include his $685 in wages, as well as his new SSI payment of $421. This equals $1,106, which is $385 more than the monthly income he received when he was not working.
The monthly maximum SSI amounts for 2014 are
Two exclusions apply to all beneficiaries.
Thus, you would subtract both exclusions, which together equal $85, from the monthly income the beneficiary earns by working. Once you have subtracted this $85, you will divide the remaining work income by 2 to determine countable earned income. When you subtract that amount as your countable earned income from your SSI payment, you can determine the new monthly SSI payment amount.
Let’s think of this in real terms. Simon is an SSI recipient with no spouse or dependents. Before he started working, Simon was receiving a monthly SSI benefit payment of $721. He started working part-time making $685.00 per month and has no exclusions other than the General Income Exclusion of $20 and the Earned Income Exclusion of $65.
So, to calculate Simon’s countable income, you would start with his $685 in wages, then subtract both the $20 General Income Exclusion and the $65 Earned Income Exclusion, which leaves $600. We divide this $600 by 2 to derive Simon’s countable income, which is $300. In order to calculate Simon’s new SSI payment, we subtract this $300, which is his countable earned income, from the original SSI payment of $721. The resulting $421.00 will be Simon’s new SSI payment.
In Simon’s case, his new total monthly income will include his $685 in wages, as well as his new SSI payment of $421. This equals $1,106, which is $385 more than the monthly income he received when he was not working.
These are out-of-pocket expenses for items and services related to the SSI beneficiary’s impairment and are needed to work.
Individuals receiving SSI based on blindness may exclude earnings used for expenses involved in being employed.
The PASS program allows for the accumulation of assets beyond the standard eligibility limits for SSI ($2,000.00/month for an individual; $3,000.00/month for a couple). A PASS must be in writing and approved by SSA. To get started contact your local SSA office and ask for an application, which is SSA Form 545 BK." The set aside assets under a PASS are for expenses related to this plan.
Under the PESS program, SSI does not count some resources that are essential to means of self-employment when deciding initial and continuing eligibility for SSI. For example, property such as tools, equipment or business inventory are not counted.
SSI beneficiaries under the age of 22 who are regularly attending school or training, including those participating in the AmeriCorps program, may be eligible to exclude some work earnings. In 2014, the allowable monthly exclusion is $1,750.00, with an annual maximum of $7,060.
Protections are in place to ensure that individuals receiving SSDI will not automatically lose their SSDI benefits if they transition to work.
Fear – If benefits are terminated because they exceed earning thresholds, an SSDI recipient may fear that they will be left with nothing if they find themselves needing to leave their jobs and face a lengthy period with no income while they reapply for SSDI.
Reality – The reality is that SSA allows individuals in this situation to forego the application process and begin receiving benefits again through a streamlined process called Expedited Reinstatement.
Medicare for most working people with disabilities:
Just as safeguards exist to support workforce entry or reentry for individuals receiving SSI, protections are in place to ensure that individuals receiving SSDI will not automatically lose their SSDI benefits if they transition to work. SSA offers employment supports to help SSDI beneficiaries protect their cash and medical benefits while they work. Many individuals fear that if their benefits are terminated because they exceed earning thresholds they will be left with nothing if they find themselves needing to leave their jobs, and will face a lengthy period with no income while they reapply for SSDI. In reality, SSA allows individuals in this situation to forego the application process and begin receiving benefits again through a streamlined process called Expedited Reinstatement. More details regarding expedited reinstatement and other SSDI work incentives and safeguards are available in the next slides.
Most Medicare beneficiaries who work will be able to continue their Medicare benefits for at least 93 consecutive months. However, these individuals must be enrolled in Medicare after the nine-month Trial Work Period (to be described further in this module). Some beneficiaries whose Medicare coverage ends due to work may be able to buy continued Medicare coverage, as long as they remain medically disabled. Some individuals with low incomes and limited resources may also be eligible for state assistance under various Medicare Savings Programs.
To receive Social Security Disability Insurance (SSDI), a person cannot perform "Substantial Gainful Activity (SGA)." If an SSDI beneficiary returns to work and earns more than a certain amount each month (in 2014, the threshold is $1,070 for people who are not blind, and $1,800 for people who are blind), they are considered to be engaged in SGA. However, there are several work incentives in place to protect SSDI beneficiaries engaged in work.
Through the Trial Work Period (TWP), a work incentive for SSDI, an individual may still be able to receive benefits after returning to work and meeting the SGA income threshold. Through TWP, SSDI beneficiaries are able to work for at least nine months and continue to receive full benefits, regardless of how much they earn, as long as they remain eligible based on their disabling impairment and participate in required reporting of their income.
Upon completion of the nine TWP months, the SSDI beneficiary begins an Extended Period of Eligibility (EPE). The EPE is a consecutive 36-month period during which the beneficiary receives their SSDI cash amount for any month during which the individual’s earnings do not exceed the SGA limit (with the exception of a grace period).
Visit the Resources section of this module to learn more about about the above incentives and about a number of additional work incentives for SSDI beneficiaries, including the Impairment Related Work Expenses (IRWE), Extended Medicare, Expedited Reinstatement (EXR), and "Section 301" Payment Continuation.
The Earned Income Disallowance (EID), sometimes called Earned Income Disregard, is a U.S. Department of Housing and Urban Development (HUD) program that allows tenants who have been out of work to accept a job without having their rent increase right away. Its goal is to encourage people who qualify to seek employment, rather than be discouraged from work due to the belief that much of what they earn will be spent on higher rent. Also, EID participants are better able to pay for the costs of keeping employment, such as transportation and work clothing. The following slide offers a more detailed look at the EID.
To qualify for EID [24 CFR 574.310 (d) (1)], one of the following must be true of the tenant’s living situation:
In addition, one of the following must be true of the household’s increased income:
EID may be used for a total of 24 months, but a tenant can receive the benefit over a 48-month period. The 48-month period begins on the date when the family member first begins employment and can stop and start along with employment. For example, a person could start and maintain employment for three months, and use EID, then stop working. If he or she began working again within 48 months of the first use of EID, he or she would be able to use EID to fully disregard up to nine more months of employment income.
100 percent of any increase in income from work is ignored for up to 12 months. 50 percent of any increase in income from work is ignored for another 12 months
| 100% Increase | Ignored for Year 1 |
|---|---|
| 50% Increase | Ignored for Year 2 |
This table shows how to make the calculation described in the audio. It is built up step-by-step, so it might be easier to read it after the audio has completed and all of the steps have been written to the screen.
| $721 | Monthly SSI Income |
|---|---|
| x .30 | x 30% |
| $216 | Rent payment per month |
This table shows how to make the calculation described in the audio. It is built up step-by-step, so it might be easier to read it after the audio has completed and all of the steps have been written to the screen.
| 100% | Year 1 |
|---|---|
| 50% | Year 2 Income Disallowed |
| $685 | Gross Earned Income |
| 50% | Income Disallowed |
| $342.50 | Income Disallowed |
| $721 | Monthly SSI Income |
| +$342.50 | Allowed 50% Income |
| $1,063.50 | Total Income |
| 30% | Multiplied by 30% |
| $319.05 | Adjusted Rent Payment per Month |
The exact Earned Income Disregard benefit amount depends on the tenant’s income. Starting from the base income prior to employment, 100 percent of any increase in income from work is ignored for up to 12 months that is, the 1st year and rent does not increase.
After those 12 months, up to 50 percent of any increase in income from work is ignored for another 12 months, or Year 2.
For families that qualify for Earned Income Disregard because a family member with a disability has gained employment, only the earnings of the individual with the qualifying disability are excluded from income calculations.
In order to calculate Simon’s new SSI payment, we subtract this $300, which is his countable earned income, from the original SSI payment of $721. The resulting $421.00 will be Simon’s new SSI payment. In Simon’s case, his new total monthly income will include his $685 in wages, as well as his new SSI payment of $421. This equals $1,106, which is $385 more than the monthly income he received when he was not working.
Let’s return to the example of Simon, the SSI recipient who got a job earning 685.00 per month.
Before Simon’s employment, his monthly SSI income was $721, and he had no other earnings. His monthly rent was calculated by taking 30% of $721. The result was a rent of $216 per month.
For the first year after Simon starts working and earning $685 in wages per month, his rent will not increase.
During Simon’s 2nd year of employment, only 50% of his income from wages will be counted in his rent calculation. The new calculation will be based on Simon’s new income, which includes his $721 in SSI plus 50% of his $685 in monthly wages, which is $342.50. This brings Simon’s countable income to $1063.50. 30% of $1063.50 is $319.05, so that will be Simon’s new monthly rent.
The exact Earned Income Disregard benefit amount depends on the tenant’s income. Starting from the base income prior to employment, 100 percent of any increase in income from work is ignored for up to 12 months. That is, in the 1st year (Year 1), rent does not increase.
After those 12 months, up to 50 percent of any increase in income from work is ignored for another 12 months, or Year 2.
For families that qualify for Earned Income Disregard because a family member with a disability has gained employment, only the earnings of the individual with the qualifying disability are excluded from income calculations.
Let’s return to the example of Simon, the SSI recipient who got a job earning 685.00 per month. Before Simon’s employment, his monthly SSI income was $721, and he had no other earnings. His monthly rent was calculated by taking 30% of $721. The result was a rent of $216 per month.
For the first year after Simon starts working and earning $685 in wages per month, his rent will not increase. During Simon’s 2nd year of employment, only 50% of his income from wages will be counted in his rent calculation.
The new calculation will be based on Simon’s new income, which includes his $721 in SSI plus 50% of his $685 in monthly wages, which is $342.50. This brings Simon’s countable income to $1063.50. 30% of $1063.50 is $319.05, so that will be Simon’s new monthly rent.
Answer Choices:
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Module 2 Conclusion
Narrator: Changing minds can change lives.
Liza Conyers: When people get to work and people see, people with HIV working, it can help to reduce HIV stigma and a reduction of HIV stigma can also lead to better public health outcomes, when people can be more open and others become more knowledgeable.
Brett Andrews: Institutions are made up of people. So to the degree that you can change a person’s mind, you can change the institution’s position on that stigma and remove some of those barriers and that stigma. You have to start at your dinner table. You, yourself, have to have an understanding of what has happened over the last 30 years, the advancements that have been made across so many different levels.
And then you have to be willing to have the courage to the bravery to introduce that conversation around your dinner table. And in many ways, that’s your beta test. That’s your test case to see how much folks know, what do they have an understanding of, are there any myths that still live out there, is there a clarification that you can bring to the topic.
HOPWA Getting to Work Employment Initiative: Capacity Self Assessment
Getting to Work Wrap-Up – 11/2012
Sustainability: Ensuring Your Employment Program’s Long Term Success – 09/2012
Navigating Workforce Systems – 07/2012
Living and Working with HIV – 03/2012
Job Readiness Services – 04/2012
Benefits Planning and Returning to Work – 03/2012
Vocational Assessments – 02/2012
Vocationalizing – 12/2011
DOL/ODEP HIV/AIDS Topic Page
Resource Guide for Individuals Seeking to Enter or Reenter the Workforce
Success Stories — Individual, Employer and HIV/AIDS Service Provider Examples
HIV/AIDS Service Providers with Employment/Training Services
Institute on HIV/AIDS and Employment Event Report
HIV/AIDS Employment Roundtable Proceedings Report
DOL/ODEP Return-to-Work Toolkit
Job Accommodation Network
Job Accommodation Network: Accommodation Ideas for HIV/AIDS
AIDS.gov: Employment
SSA "Red Book" (SSI and SSDI Work Incentives)
Disability Benefits 101
HUD Earned Income Disallowance Training
Disability Benefits 101
Work Incentives
Work Incentives Planning and Assistance (WIPA) Overview
Medicaid Employment Initiatives
Using Medicaid Funding to Support the Employment of People with Disabilities
Work Incentive Seminar Events (WISE)
Medicaid Buy-In Program
DOJ HIV/AIDS Webpage
DOJ Guide to Disability Rights Laws
DOJ Frequently Asked Questions about ADA
EEOC Disability Discrimination Overview
EEOC ADA Fact Sheet
EEOC ADA Webpage
EEOC Rehabilitation Act Webpage
DOL Rehabilitation Act Webpage
DOL WIA Webpage
DOL FMLA Fact Sheet
DOL FMLA Advisor
DOL State FMLA Chart
HIV, Employment Discrimination and the Law Webpage (AIDS.gov)
HealthCare.gov
American Evaluation Association
American Psychological Association
Partner Services Evaluation Field Guide—Centers for Disease Control and Prevention (CDC)
W. K. Kellogg Foundation—Logic Model Development Guide
You have completed Module 2 of the Getting to Work Training Curriculum, Adopting an Employment and Training Mindset – Organizationally and Individually. In this module, we discussed what employment services are and how they are delivered.
This included the range of possible employment services, the vocationalizing process for organizations, and the employment process for individuals.
We also explored employment in the context of disability and how transitioning to work may impact individuals’ eligibility for public benefits.
The U.S. Department of Labor and U.S. Department of Housing
and Urban Development would like to acknowledge the following organizations and agencies for their substantial contributions to
this project:
In addition, we would like to thank the numerous individuals – members of the HIV/AIDS community, HIV/AIDS service provider community, researchers, government personnel, and advocates – who reviewed content, were featured in videos, and/or whose work in the area of HIV/AIDS and employment provided the foundation for content herein.
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