[nfbmi-talk] FW: still violating this what a sick joke

[Fred Wurtzel]

Hello,

Boy, I have been saying this since before I retired.  I am finally
vindicated, though everyone kept saying it is ok to require clients to use
ssi for MCB services.  Never mind the morality of taking money from someone
only making $650 a month, it is illegal, just like I kept saying. I am glad
there is still justice, sometimes, I just feel bad for those people who had
money taken from them illegally by a state agency supposedly trying to help
them.

Why did this happen?  Why didn't it seem wrong to everyone?  Now, we need to
make our maintenance policy humane and just.  We need to try to understand
what it is like to live on $650/month, go to school, hunt for a job, be told
you can't work because the employer doesn't believe in you as a blind
employee.  Where is the passion?  Sure there are laws and rules to be
followed, but they are there to create opportunities for people who have
fewer opportunities than the general population.  There is a reason for this
agency to exist, a meaning to the work, it matters what happens to every
client, all the time.

Best Regards,

Fred

-----Original Message-----
From: nfbmi-talk-bounces at nfbnet.org [mailto:nfbmi-talk-bounces at nfbnet.org]
On Behalf Of joe harcz Comcast
Sent: Monday, November 08, 2010 9:37 PM
To: nfbmi-talk at nfbnet.org
Cc: TOM MASSEAU MPAS; Jeanette Brown MI CAP
Subject: [nfbmi-talk] still violating this what a sick joke

Technical Assistance:  None requested at this time.

 

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.

 
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