[nfbmi-talk] rsa was most clear on this

joe harcz Comcast joeharcz at comcast.net
Fri Dec 3 13:34:00 UTC 2010

3.  Financial Needs Testing for SSI/SSDI recipients


Legal Requirement:


34 CFR 361.54(b)(3)(ii) 


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 determine eligible for Social Security benefits under Titles II or XVI of the Social Security Act.  


Finding 3:  MCB is not in compliance with 34 CFR 361.54(b)(3)(ii) because it requires SSI/SSDI beneficiaries and recipients to provide a financial contribution equivalent to the maximum SSI monthly amount (according to the SSA Red Book for the current year) towards the cost of certain VR services, such as maintenance. This policy fails to comply with federal regulations at 34 CFR 361.54(b)(3)(ii) that prohibit MCB from requiring SSI/SSDI recipients to participate in the financial cost of their VR services.


Corrective Action 3:  RSA requires that MCB to revise its policies to ensure that SSI/SSDI beneficiaries and recipients are not required to provide a contribution toward any VR service.  Furthermore, MCB must cease requiring SSI/SSDI recipients to contribute towards the financial cost of their VR services.  Once MCB implements the revised policies, MCB must submit a copy to RSA to ensure compliance.


Agency Response:  MCB is revising its maintenance policy to eliminate the requirement that individuals must use their SSI/SSDI to contribute to their rehabilitation program.  The revision will comply with the federal regulation at 34 CFR 361.54(b)(3)(ii).


RSA Response:  RSA appreciates the fact that MCB has begun revising its maintenance policy to comply with 34 CFR 361.54(b)(3)(ii).  Once MCB completes the revisions, MCB must submit a copy of the revised policy to ensure compliance.  In the meantime, MCB must assure that it will cease requiring SSI/SSDI to contribute towards the cost of their VR program.

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