SI 00870.001:
Plan to Achieve Self-Support (PASS) — Overview
Effective Dates: 04/09/2009 - Present- Effective Dates: 01/16/2018 - Present
Citations:- TN 12 (01-18)
Act as Amended in 1972 - Section 1612(b)(4)(A) and (B), Section 1613(a)(4)- SI 00870.001 Plan to Achieve Self-Support (PASS) — Overview
Social Security Independence and Program Improvements Act of 1994 (Public Law 103-296)-Section 203- Citations:The Social Security Act (the Act) as amended in 1972,
Regulations No. 16, Subpart K, Sections 416.1112, 416.1124, 416.1161, and 416.1180-416.1182, Subpart L, Sections 416.1210, and 416.1225 - 416.1227.- §§ 1612(b)(4)(A) and (B), 1613(a)(4); Social Security Independence and Program Improvements Act of 1994,
TN 9 (07-00)- Pub. L. No. 103-296, § 203 (1994);
SI 00870.001 Plans to Achieve Self-Support — Overview- 20 CFR §§ 416.1112, 416.1124, 416.1161, 416.1180–416.1182, 416.1210,416.1225–416.1227
- A. Introduction to PASS
The Social Security Act authorizes the exclusion of income and resources of an individual who has a disability or is blind when the individual needs such income and resources to fulfill an approved Plan to Achieve Self-Support (PASS). The income and/or resources the individual uses to pursue the PASS will not be counted in determining his/her eligibility or payment amount for Supplemental Security Income (SSI). Any earned income set aside under a PASS does not affect the amount of earnings considered for the purposes of a substantial gainful activity determination, if needed.- The PASS provision is part of the original Supplemental Security Income (SSI) statute, Social Security Amendments of 1972, Pub. L. No. 92-603, § 301 (1972). Legislative history shows that Congress expressed a “desire to provide every opportunity and encouragement to the blind and disabled to return to substantial gainful employment.” H.R. Rep. No. 92-231, at 152 (1971). Congress intended the PASS provision “be liberally construed if necessary, to accomplish these objectives.”
The PASS provision is part of the original SSI statute. The legislative history shows that the Congress expressed a “desire to provide every opportunity and encouragement to the blind and disabled to return to gainful employment.” Congress intended that the PASS provision “be liberally construed if necessary to accomplish these objectives.”- The Act authorizes the exclusion of a disabled or blind beneficiary’s income and resources when they are necessary to fulfill an approved PASS. The Social Security Administration (SSA) does not count the income and resources the beneficiary uses to pursue the PASS when we determine the eligibility or payment amount for SSI. If SSA takes an initial SSI claim that includes PASS eligibility, we will consider substantial gainful activity (SGA) before excluding any countable wages for PASS. If the beneficiary has worked over SGA since the last medical decision, the claims specialist must refer the claim to the Disability Determination Service (DDS) for a new decision.
Several factors make PASS an effective tool for someone wanting to work under the SSI program:* PASS reflects individual choice. Individuals choose their own work goal.* PASS is self-financed. Individuals use their own funds (often, their Social Security Disability Insurance (SSDI) benefits) to pursue the plan. The receipt of, or an increase in SSI benefits up to the amount of the Federal Benefit Rate (FBR), and any applicable state supplement, replaces some or all of the funds that the individual uses for the PASS.* PASS is largely self-directed. Individuals decide what goods and services are needed to reach the work goal.- Several factors make PASS an effective tool for someone who wants to work and accomplish a specific work goal:
- * A PASS allows beneficiaries to independently choose and accomplish their own work goals;
- * PASS enables beneficiaries to use their own funds, commonly Social Security Disability Insurance (SSDI) benefits or wages, to pursue the plan;
- * The receipt of, or an increase in Supplemental Security Income (SSI) benefits up to the amount of the Federal Benefit Rate (FBR), and any applicable state supplement, replaces some or all the funds that are excluded for use of the PASS; and
- * PASS is largely self-directed and allows beneficiaries to decide what goods and services they need to obtain one’s own work goal.
B. Overview of PASS Process- B. Overview of PASS process
1. Field Office Responsibilities- 1. Field Office (FO) responsibilities
Field office (FO) staff will discuss the benefits of a PASS with any beneficiary that is likely to benefit from a PASS.(See SI 00870.003)- FO representatives will discuss the benefits of a PASS with any beneficiary who expresses a desire to work and become self-sufficient. (See SI 00870.003.)
If the beneficiary wants to apply, the CR will assist the beneficiary in the completion of the SSA-545-BK and forward the PASS request to the PASS expert immediately or refer the individual to the PASS expert for assistance in developing the PASS. See SI 00870.020 and SI 00870.023)- If the beneficiary wants to apply or needs assistance with the completion of the Form SSA-545-BK (PASS application), the FO representative will provide the individual with the PASS Cadre contact information. The representative should direct the beneficiary to additional information on SSA’s website at http://www.ssa.gov/disabilityresearch/wi/pass.htm.
2. PASS Expert Responsibilities- If the FO representative receives a completed SSA-545-BK, they should fax the form into the certified electronic folder (CEF), or non-disability repository for evidentiary documents (NDRed), and notify the regional PASS Cadre using established regional procedures.
The PASS Expert is primarily responsible for initiating, developing, adjudicating, monitoring and assisting the beneficiary interested in applying for a PASS. Upon receipt of a PASS request, the PASS expert will review the request and contact the indivdiual for further development and discussion of the PASS goals and requirements with respect to approving the request, if possible, and contact the individual directly as circumstances warrant. The PASS expert may be the PASS specialist located at a PASS cadre or an Employment Support Representative servicing a particular pilot area. (See SI 00870.025)- 2. PASS Cadre responsibilities
- The PASS Specialist or Area Work Incentive Coordinator (AWIC) in the regional PASS Cadre is primarily responsible for the following regarding the PASS plans:
- * initiating,
- * developing,
- * adjudicating, and
- * monitoring.
- In addition, the PASS Specialist, or AWIC, is responsible for assisting beneficiaries in applying for a PASS.
- Upon receipt of a PASS referral or application, the PASS Specialist or AWIC will contact the beneficiary for further development and discuss the PASS goals and requirements. Regional PASS Cadre contact information is located at the following website: https://www.socialsecurity.gov/disabilityresearch/wi/passcadre.htm
- (See SI 00870.025.)
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