Transcript Housing - Seattle University School of Law

Housing, Post
Secondary Education
and Employment
Presented by
William L.E. Dussault
www.dussaultlaw.com
Housing Options
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Living independently
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Use of DDD or DSHS services
Owning or renting?
Who owns the home?
 Homes of $500,000 or less as exempt resources
 Estate recovery
Roommates?
 Pooled Resources
 Multiple families
Living with parents
Intermediate care facilities for the mentally retardation
(ICF/MR)
Adult Family Homes & Assisted Living Facilities
Skilled Nursing Facilities
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Living Independently
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Rent or Own Living Unit
Arrange for necessary hours of supervision and
assistance
Private vs. State pay
State Programs
 DDD
supported living programs
http://www1.dshs.wa.gov/ddd/services.shtml
 See Waiver Programs via DDD and Home &
Community Based via A&DS
 Medicaid PCP
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Living with Family
Remain in family home
 Pay fair market rent (room and board) to
retain full SSI payments
 Tax treatment of rent payments for family
 Dependency Status for IRS
 Problematic for Long Term Planning for
disabled family member
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Home Owned by Multiple Families
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Families pool resources together to purchase a
home to rent to their children.
 Social
Security benefits
 HUD Section 8 Vouchers
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Combining DDD & DSHS services (MPC hours)
Issues of liability
Ownership Structure
 Business
entities (LLC, Partnership, Corporation)
 Special Needs Trust
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Adult Family Homes
Residential homes licensed to care for up
to 6 residents
 Privately operated by licensed providers
 Home-like environment
 Availability limited by space in licensed
homes
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HUD Section 8
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Rent subsidy based on income
Operated by County or Local Housing Authorities
Fixed Site and Voucher Programs
Waiting Lists
King County Housing Authority is currently closed to new
applications, but does open from time to time. It
currently has over 10,000 people on vouchers
and in rent subsidy programs.
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Current waiting list of 2454 applicants for SHA with list to open in
12 to 24 months
Check websites for availability at
http://www.seattlehousing.org/housing/vouchers/ and
http://www.kcha.org/
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Post Secondary Education
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IDEA Secondary Transition Programs set
foundation
Academic vs. Vocational goals
Continued schooling vs. Direct OJT
Interaction with DDD/DVR for post secondary
education funding
Encourage use of specialized community
college programs
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Community College Programs
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Sample Program: Bellevue Community College
“The Venture Program at Bellevue Community College has launched an
Associate in Essential Studies (AES) Degree. This pilot program is the
first degree program in America for students challenged with learning,
cognitive, and intellectual disabilities.”
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Venture Vision
The American education system is not intended to be a dead end road, yet
students with learning, cognitive, and intellectual disabilities are not
expected to nor encouraged to learn as much or earn as much as typical
students. The Venture Program addresses a student population for whom
there is little if any serious and viable postsecondary option. The Associate
in Essential Studies is a rigorous college degree program whose time has
come.
Postsecondary education has become an increasingly important
prerequisite to independent adult living. The Venture Program believes that
individuals learn at different rates and slower learners can reach their full
potential when given the opportunity. We believe in our students.
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Application Procedures/Contact
Formal admission procedure: To acquire an application packet, please
contact [email protected] or (425) 564-2844
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High School versus College
High School
College
Education is a right and FAPE
must be provided
Not a right. Students must meet
admission requirements under
ADA
School district provides free
testing, transportation and
related services
Student must self-identify,
provide evaluation to support
needs, get to school, and obtain
needed support services on own
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High School versus College
High School
School district develops IEP
with IEP team, including
student and parents
College
There is no IEP or special
education. Students choose
coursework and are provided
academic adaptations and
other modifications
School district obtains and pays Student Disability Services
for needed educational services Offices exist to facilitate student
support needs
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Job Placement via DDD
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Typically provided via contracts with counties
“Employment services provide ongoing support services
and training for eligible persons with paid jobs in a
variety of settings and work sites. These include
individual supported employment , group employment,
prevocational services, and Person to Person. These
may be individual or group options in the community and
specialized industry settings.”
“Community Access services provide activities, special
assistance, advocacy, and education to help clients
whose age or disability currently limits their ability to
participate actively in their community.”
See: http://www1.dshs.wa.gov/ddd/services.shtml
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Department of Vocational
Rehabilitation (DVR)
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Eligibility
 Physical,
mental, or sensory impairment
 Results in a substantial impediment that hinders the
individual’s ability to achieve an employment outcome
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Can be a lot of frustration dealing with DVR
depending on case worker.
http://www.washingtoncap.org/
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What services does DVR provide?
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Assessment services
Counseling with a rehabilitation counselor
Services to teach how to look for a job, prepare
a resumé, interview for a job, on-the-job training
and vocational education or classroom training
Rehabilitation technology – customized devices
and equipment and training
Costs of tuition, transportation, independent
living and other disability-related expenses
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DVR Waiting List
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Approximately 3500 people now being served
and 7700 people “in plan status” waiting for DVR
services
Priority categories assigned
Category 1 – most severe disabilities
 Priority Category 2 – less severe disabilities
 Priority Category 3 – disabilities not classified as
severe
 Priority
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Placement on the list will depend on the severity
of the disability
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Employment Concerns
Work as a Reflection of Self Worth
 Earned Income Restrictions on SSI/SSDI
 Substantial Gainful Activity (SGA) $860/mo
 Sliding Scale Benefit Reduction
 Volunteer vs. Paid Work
 Employer Abuses/Discrimination
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Disclaimer & Notice
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This training and written materials are designed to
provide accurate and authoritative information in regard
to the subject matter covered. It is provided with the
understanding that the presenters are not engaged in
rendering legal, financial or other professional services.
If legal advice or other expert assistance is required, the
services of a competent professional should be sought.
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Please keep in mind all written materials and power point
slides are the intellectual property of the Dussault Law
Group. These materials may not be distributed without
the express written consent of the authors.
May, 2010
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