Housing by dfhdhdhdhjr

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									Housing, Post
Secondary Education
and Employment
        Presented by
   William L.E. Dussault

                  www.dussaultlaw.com
Housing Options
   Living independently
       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
                                                      www.dussaultlaw.com
Living Independently
   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


                                             www.dussaultlaw.com
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
   Families pool resources together to purchase a
    home to rent to their children.
     Social
           Security benefits
     HUD Section 8 Vouchers
   Combining DDD & DSHS services (MPC hours)
   Issues of liability
   Ownership Structure
     Business entities (LLC, Partnership, Corporation)
     Special Needs Trust


                                               www.dussaultlaw.com
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
   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.
       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/
                                                            www.dussaultlaw.com
Post Secondary Education
   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

                                        www.dussaultlaw.com
Community College Programs
   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.”
   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.
   Application Procedures/Contact
    Formal admission procedure: To acquire an application packet, please
    contact ols-venture@bellevuecollege.edu or (425) 564-2844
                                                                www.dussaultlaw.com
High School versus College
             High School                   College
 Education is a right and FAPE   Not a right. Students must meet
 must be provided                admission requirements under
                                 ADA



 School district provides free   Student must self-identify,
 testing, transportation and     provide evaluation to support
 related services                needs, get to school, and obtain
                                 needed support services on own




                                                     www.dussaultlaw.com
High School versus College
           High School                           College

  School district develops IEP      There is no IEP or special
  with IEP team, including          education. Students choose
  student and parents               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




                                                      www.dussaultlaw.com
Job Placement via DDD
   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
                                                 www.dussaultlaw.com
Department of Vocational
Rehabilitation (DVR)
   Eligibility
     Physical,  mental, or sensory impairment
     Results in a substantial impediment that hinders the
      individual’s ability to achieve an employment outcome
   Can be a lot of frustration dealing with DVR
    depending on case worker.
   http://www.washingtoncap.org/



                                               www.dussaultlaw.com
What services does DVR provide?
   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
   Approximately 3500 people now being served
    and 7700 people “in plan status” waiting for DVR
    services
   Priority categories assigned
     Priority Category 1 – most severe disabilities
     Priority Category 2 – less severe disabilities
     Priority Category 3 – disabilities not classified as
      severe
   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


                                   www.dussaultlaw.com
Disclaimer & Notice
   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.

   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

                                                   www.dussaultlaw.com

								
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