FILE NO: EM-97-19l              DATE: NOVEMBER 28, 1997 

 TO: All RCs/ARCs/ADs/DOs/BOs/TSCs/TSCCoord/PSCs/DOCs/ODIO/
OIO/DCO/OTS/OAS/OPSOS/DCS/DCPP/DCCOMM/DCLCA/DCFAM/OPBP/
OPLM/OPIR/DCHR/OWA/OHACO/OHAHOs/RPAOs/HCFACO/
HCFAROs

FROM: SSA, OPBP

SUBJECT: Emergency Instructions--Plans for Achieving Self-Support {PASS)

A. BACKGROUND

In April 1996, the Social Security Administration (SSA) issued revised policy and procedural guidelines for handling PASS applications and reviews. At the same time, it gave PASS decision-mak1ng authority to a cadre of specialists that it created and trained for that purpose. Based on its experience with the April 1996 guidelines, SSA is now implementing the following additional clarifications and changes to PASS policy and procedure. Although the changes are effective immediately, it is recognized that full implementation of some of the procedural changes will require a transition period.

B. POLICY-RELATED CHANGE AND CLARIFICATIONS

1. SI E00870.006 C.1.c.--Entry Level Positions (Policy Clarification)

   Disregard the current instructions in this section.
   The limit on occupational goals is as follows:

Within the business, trade, or profession of the individual's choice, his or her occupational goal must be the earliest point on the career path at which earnings can reasonably be expected to cover his or her living expenses (as they exist during the PASS), uncovered medical expenses, and work-related expenses.

In this context, prior education and training are relevant only to the extent that they would enable the individual to achieve the occupational goal without the steps and expenses provided for in the PASS.

2. SI E00870.006 D.3.-- Feasibility (Policy Clarification)

Whether an occupationa1 goal is feasible depends on whether the individual can reasonably expect to perform the work, considering the nature of his or her impairment and the limitations imposed by it.

Whether the plan for achieving an otherwise feasible occupational goal is viable depends on whether the plan includes the steps necessary to achieve the goal, considering not only the nature of the individual's impairment and the limitations imposed by it, but:

o prior work history;

o age, education, and training;

o the individual's ability to meet both the plan-related expenses and his or her other expenses during the PASS;

o the obstacles that must be overcome because of the nature of the impairment.

PASS determinations and notices should make a clear distinction between the feasibility of the goal and the viability of the plan.

3. SI E00870.025 C.2.a.--Feasibi1ity Assumed (Procedural Change)

The criteria in this section, for presuming the feasibility of an occupational goal, will also apply for presuming the viability of the plan for achieving the goal. That is, absent evidence to the contrary, assume that the plan for achieving the goal is viable if the PASS was prepared by any of the professionals In the field of vocational rehabilitation and employment listed in this section.

4. SI E00870.025 C.2.b.--Evaluation of Feasibility (Procedural Change)

If a professional in the field of vocational rehabilitation and employment prepares a PASS, but the presumption in SI E00870.025 C.2.a. is not used and the PASS Specialist believes that the goal is not feasible or that the plan for achieving it is not viable, the PASS Specialist will discuss the basis of this belief with the preparer. If, after this discussion, the PASS Specialist determines that the goal is not feasible or that the plan is not viable, he or she will document the file regarding the discussion and the basis of his or her position. The PASS Speciallst may, if he or she considers it necessary, ask the individual to undergo a VR evaluation at SSA's expense.

In addition, before denying any PASS on the basis that the plan for achieving an otherwise feasible goal is not viable, the PASS Specialist will contact the PASS applicant, explain why the plan is not viable, and discuss modifications that would make the plan viable. If a viable plan cannot be developed, the PASS Specialist will document the file regarding this discussion and the basis of his or her position.

5. SI E00870.006 E.3.c.--Start-Up-Costs (Policy Change)

Effective for all determinations made on or after the date of this teletype, if a major purchase is found reasonable and necessary, funds set aside for it will be excluded to the extent that the expense remains necessary to achieve an approved goal and earnings do not negate the need to continue the exclusion. In other words, funds set aside for installment payments may now be excluded.

C. PROCESS-RELATED CHANGES

1. SI E00870.025--Documenting and Reviewing a PASS (Process Change)

       In the FO, the CR will:

o Accept the PASS application (or assist in its completion) and ensure that it has been completed properly.

o Obtain any relevant documentation the individual can provide at the time of application.

o Forward the PASS and all related documentation to the cadre of PASS Specialists without further development.

At the cadre cite, the PASS Specialist will, upon receiving a PASS:

o Communicate directly with the PASS applicant and other involved parties to complete development of the PASS, calling upon the FO for assistance an needed.

o Upon adjudication of the PASS portion of an SSI initial claim, provide the OR handling the rest of the claim with system-input instructions and appropriate notice language, as circumstances warrant. If no SSI initial claim or redetermination is involved, make appropriate systems input and issue the notice, informing the FO of these actions and providing the FO with a copy of any notice.

The PASS Specialist will be similarly responsible for PASS review functions, requesting FO assistance as circumstances warrant and keeping the FO informed of its adjudicative actions.

2. SI E00870.055--Compliance Review (Procedural Change)

Current accounting requirements will continue, but the PASS Specialists will augment these reviews with periodic progress checks. A progress check need be no more than a telephone call to see if the individual has encountered or foresees any problems, and will include accounting requirements only if it indicates a specific need for them. The first of these progress checks can occur within 30 days of a PASS approval, if the PASS Specialist believes that circumstances warrant it. The PASS Specialist will determine the frequency of subsequent checks, based on case circumstances.

3. SI E00870.050--PASS Amendments (Procedural Clarification)

When there has been a departure from the plan, or a change has occurred, and the departure or change does not compromise the integrity of the plan, it should be incorporated as a retroactive amendment.

D. OTHER

1. Training by PASS Specialists

The PASS Specialists will work with RO, F0 and other staff to provide regular ongoing PASS-related training for FOs and TSCs, and outside organizations such as VR, PASS advocates and preparers, and the general public.

2. Notification of Individuals Who Have Had a PASS Have Been  Terminated or Denied since March 1996

Anyone whose PASS was terminated or denied after March 1996 will be contacted, informed of these changes, and invited to submit a new PASS. Instructions necessary for handling these cases will be issued at a later date. No action is necessary until such instructions are received.

POMS instructions will follow as soon as possible.

You may direct questions about this teletype to your RO support staff. RO staff may contact Stephen Fear or Raymond Marzoli at -S3E.

RETENTION DATE: March 31, 1998