[nabs-l] Means Testing for College Studentsþ

Thu Jun 3 13:41:46 UTC 2010

Hi Elizabeth,

Well, I would hope that this thread might be helpful to other students that
may be faced with this situation sometime in the future, but if you would
like to e-mail me directly, that would be just fine too.  My e-mail address
is: aspooner at blindinc.org

Without having all of the details of your situation, current living
arrangements and more specifics regarding your current college status and
situation, etc., I can only give you some general parameters.

The law is quite clear, as an adult receiving SSI you are not obligated to
contribute financially, regardless of what the VR agency wants to call it.  

They cannot include your parent's income.  They may argue that you are
living with them (I do not know if you are or not), but if you are, they see
this as you being supported by this family income.  This is a little grey
area, but ultimately if you can provide evidence to them that you are
self-supporting, (using your SSI as your means of support) then this
evidence is the proof that you are not receiving financial support from your
family.  

If you are using only your SSI for support, and living in an apartment or
dorm during college, the time that you spend in the summer with your parents
should not be considered as financial support either.  You can avoid this
possibility even further by paying your parents a small amount for rent
while you are there.

Al Spooner
Assistant Director
Outreach and Marketing
Blindness Learning In New Dimensions, Incorporated  (BLIND, Incorporated)
100 East 22nd Street
Minneapolis, MN 55404
Office: 612-872-0100 Ext. 226
Toll Free: 800-597-9558
Fax: 612-872-9358 
Web Site: www.blindinc.org
Office E-mail: aspooner at blindinc.org

-----Original Message-----
From: nabs-l-bounces at nfbnet.org [mailto:nabs-l-bounces at nfbnet.org] On Behalf
Of Elizabeth
Sent: Wednesday, June 02, 2010 8:16 PM
To: nabs-l at nfbnet.org
Subject: Re: [nabs-l] Means Testing for College Students

Hi Al,

Thank you for your response. These regulations should come in handy when
making the argument against a means test. But how exactly do you make this
argument when the agency isn't exactly calling it a means test though?  and
I'm still not quite sure if this answers the question as to whether or not
the income of the student's parents would count as a comperable benefit for
services as the agency seems to be claiming. I don't know, perhaps I'm
posting this on the wrong list, but I just thought I would give it a try I
guess. 

Elizabeth

> From: aspooner at blindinc.org
> To: nabs-l at nfbnet.org
> Date: Wed, 2 Jun 2010 15:03:27 -0500
> Subject: Re: [nabs-l] Means Testing for College Studentsþ
> 
> Hi Elizabeth,
> 
> The Federal RSA regulations state that if you are a SSI recipient, that
they cannot require you to contribute financially. Please see below, taken
from the Rehabilitation Act Regulations:
> 
> Sec. 361.54 Participation of individuals in cost of services based on
financial need.
> 
> . . . (3) The designated state unit may not apply a financial needs test,
or require the financial participation of the individual . . .
> . . . (ii) As a condition for furnishing any vocational rehabilitation
service if the individual in need of the service has been determined
eligible for Social Security benefits under Titles II or XVI of the Social
Security Act.
> 
> [Note: Title II (2) is Social Security Disability Insurance, and Title XVI
(16) is SSI.] 
> 
> Al Spooner
> Assistant Director
> Outreach and Marketing
> Blindness Learning In New Dimensions, Incorporated (BLIND, Incorporated)
> 100 East 22nd Street
> Minneapolis, MN 55404
> Office: 612-872-0100 Ext. 226
> Toll Free: 800-597-9558
> Fax: 612-872-9358 
> Web Site: www.blindinc.org
> Office E-mail: aspooner at blindinc.org
> 
> -----Original Message-----
> From: nabs-l-bounces at nfbnet.org [mailto:nabs-l-bounces at nfbnet.org] On
Behalf Of Elizabeth
> Sent: Wednesday, June 02, 2010 12:10 AM
> To: nabs-l at nfbnet.org
> Subject: [nabs-l] Means Testing for College Students?
> 
> 
> Hello List,
> 
> The Michigan Commission for the Blind is currently reviewing the policy
they use to provide services to college students. After reviewing the
proposed changes, it appears as though the biggest change they want to make
to the policy is implementing a means test as a provision of services. Since
I live in Michigan, I am not familiar with the various policies that are
carried out in different states. Does anyone know if there are any state
vocational rehabilitation programs that use means testing for college
students, and if so, how means testing impacts the quality of services
college students receive from their vocational rehabilitation agency?
Additionally, does anyone know where I might be able to find more
information about the use of means testing as a provision of services? 
> 
> One of the main arguments the agency is using to justify a means test is
the fact that in most cases the income of the student’s parents is used to
determine federal financial aid. They seem to believe that if the parents
income is used to determine federal financial aid then the parents income
should also be used to determine how much money the student can contribute
to his or her vocational rehabilitation program. However, this does not seem
right to me, as I believe the main purpose of the vocational rehabilitation
program is to serve the individual, in this case the college student, and
not necessarily the family as a whole. 
> 
> I also understand that the vocational rehabilitation agency cannot require
individuals to use Social Security benefits to pay for services. Does anyone
know if this applies to providing services to college students as well? The
Michigan Commission for the Blind claims that by implementing a means test
for college students that they are not violating this policy because the
student can choose to pay for their portion of services any way they see
fit. However, if the only means of income available to the student is
through their Social Security benefits, then how else is the student
expected to pay for their portion of services? 
> 
> Their answer to this argument is that if a student chooses to use their
Social Security benefits to pay for their portion of services, then that is
the students choice. But what they do not seem to understand is that in most
cases the student does not have a choice when that is their only source of
income. They also seem to believe that this burden should fall on the
parents if the student cannot pay their portion of services. But this
statement only leads me to believe that they are out of touch with the real
world where many people in Michigan are struggling to keep their job, put
food on the table, and make the mortgage payments on time if at all.
> 
> Any information you might be able to provide on this subject would be
greatly appreciated. 
> 
> Thanks,
> Elizabeth
> 
> 
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