Policy Corner: March 3, 2023
Categories: Policy Corner Archives
Senators Introduce Legislation to Eliminate Waiting Period for Disability Insurance Benefits
Senator Bob Casey, Jr. (D-Pa) has introduced S. 320, the Stop the Wait Act of 2023, to eliminate the disability insurance benefits waiting period for individuals with disabilities. Similar legislation was introduced in the prior Congress to no avail in response to the waiting time for individuals with disabilities to qualify for coverage through Social Security Disability Insurance (SSDI). After waiting months to qualify for coverage through SSDI, individuals with disabilities must wait another five months to get a disability check and another two years to obtain health coverage through Medicare. The Stop the Wait Act would eliminate these mandated waiting periods imposed on individuals with disabilities that harm their health by delaying critical health care.
American workers who have developed a disability may be eligible for SSDI, which is a benefit financed by employee/employer payroll taxes. SSDI requires an application and determination period that can last more than 18 months, as well as mandated five months to obtain a disability payment, and then an additionally-mandated 24 months to receive Medicare benefits. The legislation would require the Social Security Administration (SSA) to begin payment to an individual who is eligible for SSDI immediately after they are determined to be eligible for the program. The bill also calls for phasing out the 24-month waiting period for Medicare disability benefits.
Cosponsors of the legislation include: Senators Patty Murray (D-Wash.), Bernie Sanders (I-Vt.), Sherrod Brown (D-Ohio), Debbie Stabenow (D-Mich.), Elizabeth Warren (D-Mass.), Jack Reed (D-R.I.), Ed Marky (D-Mass.), Jeanne Shaheen (D-N.H.), Massie Hirono (D-Hawaii), Tammy Duckworth (D-Ill.) and Alex Padilla (D-Calif.).
Senate Passes Resolution Declaring March 1 as National AT Awareness Day
On Tuesday, the U.S. Senate passed S. Res. 85, introduced by Senator Casey, designating March 1, 2023, as National Assistive Technology Awareness Day. Assistive technology (AT) refers to any item, device, or piece of equipment used to maintain or improve the independence and function of people with disabilities and older adults. Examples include devices to assist with memory and organization; speech-generating devices; video magnifiers; timers; wheelchairs; ramps and lifts; voice recognition software, shoe horns, and automatic can openers. The Administration for Community Living (ACL) within the U.S. Department of Health and Human Services administers the federal AT program that provides funding to every State for AT assistance. The Assistive Technology Act was recently reauthorized by Congress as part of the National Defense Authorization Act (NDAA) in December 2022, for the first time since 2004.
Lawmakers Reintroduce Transformation to Competitive Integrated Employment Act
On Monday, Representative Bobby Scott (D-Va.), Ranking Member of the House Committee on Education and the Workforce, and Representative Cathy McMorris Rodgers (R-Wash.), Chair of the House Committee on Energy and Commerce, along with Senator Bob Casey (D-Pa.), Chair of the Senate Committee on Aging, and Senator Steve Daines (R-Mont.), announced that they will reintroduce the Transformation to Competitive Integration Act. This bipartisan legislation would provide states and employers with the resources to transition workers with disabilities into fully integrated and competitive jobs, which includes earning at least the minimum wage alongside individuals without disabilities, while phasing out the subminimum wage for individuals with disabilities. Under Section 14(c) of the Fair Labor Standards Act, employers can apply for special certificates from the Department of Labor (DOL) to pay individuals with disabilities less than the federal minimum wage. Under these certificates, there is no minimum floor for the hourly wage that an employer can pay an individual.
The announcement follows the release of a new Government Accountability Office (GAO) report, requested by Ranking Member Rick Scott (R-Fla.) and Senator Casey, on the 14(c) program. The GAO report acknowledged that due, in part, to federal policies that employer and worker participation in the 14(c) program has declined. However, DOL identified labor law violations in two-thirds of its investigations into 14(c) employers between FY 2012-FY 2021, finding over $15 million in back wages owed to more than 73,500 workers. In response, Senator Casey has introduced S.533, although text for the bill has yet to be published.
Representative Introduces Bill to Amend the Rehab Act
Representative Glenn Grothman (R-Wis.) has introduced H.R. 1296, the Workplace Choice and Flexibility for Individuals with Disabilities Act, to increase career opportunities for individuals with disabilities. The Congressman has emphasized that Community Rehabilitation Providers (CRPs) are essential to the well-being of individuals with disabilities because they provide employment and vocational training opportunities for individuals with disabilities in their communities. However, in 2014, Congress amended the Rehabilitation Act of 1973 via the Workforce Innovation and Opportunity Act (WIOA), which impacted CRPs. Previously, CRPs qualified as competitive integrated employment (CIE), however guidance from the U.S. Department of Education has narrowed the definition of CIE. Rep. Grothman’s Workplace Choice and Flexibility for Individuals with Disabilities Act is to define the definition of CIE to include CRPs in order to increase employment and vocational training opportunities for individuals with disabilities. Rep. Grothman serves on the House Committee on the Budget, the Committee on Education and the Workforce, and the Committee on Oversight and Accountability.
BIAA Plans for Brain Injury Awareness on the Hill
The Brain Injury Association of America is finalizing plans for March Brain Injury Awareness Day next week. On March 7th at 4:00 pm, BIAA, along with the National Association of State Head Injury Administrators (NASHIA) and U.S. Brain Injury Alliance (USBIA) will hold an Advocacy Orientation and Review in the Longworth House Office Building. Congressional Brain Injury Taskforce Chair Rep. Bill Pascrell, Jr. (D-N.J.) will provide an overview and update regarding issues before Congress of importance to the brain injury community. Information will be provided to attendees to assist those who are visiting with their representative and senators the next day.
Also, on March 7th, from 5:3 0pm – 7:30 pm, there will be a celebration of #MoCrazyStrong, a new documentary executive produced by and featuring professional skier Jamie MoCrazy, who suffered a serious traumatic brain injury following a ski accident. The evening will begin with a reception to provide an opportunity to meet Jamie MoCrazy and elected officials and their staff. Then, there will be a brief discussion with Jamie MoCrazy and her family, followed by a presentation of her documentary. On March 8th, advocates will meet with their Congressional delegation on the Hill.
As a reminder, the National Association of Head Injury Administrators (NASHIA) is holding a SEED Summit on March 7-8, 2023, at the Residence Inn Arlington Capital View, Arlington Virginia. The SEED Summit is hosted by Pennsylvania and will provide participants an opportunity to discuss strategies for building state service and support systems. Space is limited. Individuals who are interested may register here.