HOUSING AND GOVERNMENT BENEFITS FOR YOUR ADULT SONDAUGHTER

HOUSING AND GOVERNMENT BENEFITS FOR YOUR ADULT SON/DAUGHTER WITH ASPERGER’S SYNDROME

Common Government Benefits • • SSI- Supplemental Security Income Medicaid SSDI/Medicare OPWDD (interaction with waiver programs) • Housing Subsidy • SNAP

Eligibility and Entitlement • What resources are available – – – – SSI/SSDI monthly benefit Medicaid/Waiver Acces-VR OPWDD ISS (individual supports and services) SDSO (self direction service options) County Based DSS • • • SNAP HEAP Life Line – HUD – housing vouchers – OMH for comorbid issues

SSI/MEDICAID • Deeming and application process • Medicaid v. Medicare • SSDI v. SSI – Means testing – Substantial gainful activity

OMH • Application Process – SPOA • Persons with Axis 1 diagnosis (severe mental illness i. e. major depression, bipolar disorder, schizophrenia) • For individuals dually diagnosed with developmental disability and serious mental illness, access OPWDD FIRST.

ACCES-VR • • • ACCES-VR administers transition and youth services through age 25 and services for adults with disabilities, including programs to assist eligible individuals in obtaining employment. Services – Assessment to help identify skills, abilities, interests and limitations – Career counseling and guidance – Rehabilitation and assistive technology – Education at a vocational school, college, or on the job training – Supported Employment – Job placement and job retention – Other services necessary to achieve the employment goal ACCES-VR services will end when an individual enters and maintains “competitive employment” for at least 90 days.

SSI/SSDI • SSI pays benefits to adults and children with disabilities who have limited income and resources. (What is deeming? ) • SSI v. SSDI • Substantial Gainful Activity (SGA) • Application and moving forward/ fair hearings

OPWDD • Eligibility- When to apply • Front Door • Services – family support , case management, housing, supported employment, recreation, skills development, training, long term habilitative services, nursing and psychiatric services, respite (short-term caregiver relief).

OPWDD Housing Options and Supports • Non-certified residential opportunities. Living at home with family or independently – Community Habilitation (Comm Hab) – Environmental Modifications (If not OPWDD sometimes the Medical Indemnity Fund “MIF”)

Types of Group Homes • The state or a non-profit agency owns or leases a home certified by OPWDD. There are state mandated regulations on how the home is run and staffed and how many people can live there. – Intermediate Care Facility (ICF) — 24 -hour staff - Higher level of care. May have many medical or other health care needs, may require full time nurse, or have nutritional needs. – Community Residence (CR) — 24 -hour staff — more structured tend to be large homes. – Individual Residential Alternative (IRA) — 24 -hour staff — structure varies — could be home or apartment Supervised Apartments 24 -hour staff assisted Supportive Apartments - - Some staff assistance but not 24 hours

Residential Support Categories • Emergency Need • Substantial Need • Current Need – Sometimes these are referred to as level of need

Housing and OPWDD • • OPWDD’s Multi-Family Integrated Supportive Housing Program (ISH) – Partners with the New York State Division of Homes and Community Renewal (HCR) to fund affordable multi family housing projects. – Can team up with a developer and seek capital funding – Eligible projects give tenant preference to people with intellectual or developmental disabilities for up to 25% of the total units in the apartment building for at least a 30 -year regulatory period. OPWDD can provide capital financing for part of the total project costs for the tenant preference units as well as rental assistance and supports service funding for individuals renting these units. The New York Housing Resource Center (HRC) for People with Intellectual/Developmental Disabilities – Funds received through the Balancing Incentive Program grant (BIP).

Self-Direction Subsidy • Housing Subsidy is restricted to participants in Self-Direction who are at least 18 years old. The rental lease or mortgage must be in the name of the person who is self-directing, or the person who is self-directing must have clear tenancy rights in a shared living environment. • The amount of available Housing Subsidy is calculated based on a participant’s income and Housing and Community Renewal (HCR) payment standards. Housing Subsidy follows the same rules as Individual Supports and Services (ISS).

ISS Housing Subsidy • Individual expected to contribute 30% of your income to housing costs. You are responsible for paying the part of the cost that is more than your housing subsidy. – Market rate apartment – Subsidized apartment – Customized Residential Option: You may use your housing subsidy toward the cost of a non-certified, single-family home owned by a not-for -profit agency who rents the house to people with developmental disabilities. Each person who lives in the house has his or her own lease. Tenants work together to decide the rules of the house. Hudson Valley Counties Served: Orange, Rockland, Sullivan, Westchester Individual Supports and Services Coordinator for Region 3 January Sullwood (january. sullwold@opwdd. ny. gov) Telephone: (845) 947 -6325

Questions to Ask When Choosing Housing • What type of housing does my child prefer? • What type of supports does my child need? Socially? Physically? • Will my child have access to appropriate transportation? • What can I afford? What can my child afford with benefits and/or a job? • Sustainability of housing option

Advance Directives • • Power of Attorney Statutory Gift Rider Health Care Proxy HIPPA Release Living Will Disposition of Remains Letter of Intent

Trust Planning and Housing • • First Party SNT Third Party SNT Pooled Trust ABLE Account

First Party SNTs • Funded with the beneficiary’s own assets – Personal injury, inheritance, matrimonial settlement • Irrevocable • Established by beneficiary, parent, grandparent, guardian or court for sole benefit of a person with a disability under 65 years of age • Trust is subject to Medicaid Payback • Trustee can be individual, trust company or a non-profit corporation • Must be for the “sole benefit” of the disabled person

Third-Party Special Needs Trust • Created by another for the benefit of individual with disabilities • Cannot hold beneficiary’s own assets • No age restriction • No payback requirement • Testamentary / Inter-vivos • Provide “supplemental” source of funds without jeopardizing benefits • Do not have to meet SSA definition of “disability”

Pooled Trusts • Established with the beneficiary’s own assets • Managed by a non-profit organization • Assets are pooled for investment and management purposes only • Separate accounts are maintained for each beneficiary • Modified payback provision depending on which trust is used • Reduced cost for managing funds/filing taxes

Distributions from SNT • No cash distributions • ISM Reduction- non cash distributions (Direct, Indirect, Credit Card, True Link) for food and shelter • Non ISM – everything else (trips, equipment etc. )

ISM Reduction • If receiving SSI, SSI will be reduced if SNT pays for food or shelter • Never give a beneficiary cash or a cash equivalent. Gift cards may be considered a cash equivalent.

QUESTIONS DISCLAIMER Nothing in this handout should be construed as legal advice. Please consult with your own attorney before relying on the information contained here