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1. If someone receives benefits because of his/her disability and decides to go to work, will the person lose the benefits?
2. What should I know about employment rights under the American's with Disabilities Act?
3. If a person with a non-apparent disability gets a new job, is it best to disclose information about that from the beginning in case anything should come up?
4. I have difficulty getting employers to respond to me when I try to develop jobs for people with disabilities, can I improve my approach?
5. I work with some people who have difficulty "fitting-in" to mainstream type of jobs, what are the alternatives?
6. If I refer a person to MRC, what can I do to help the process go smoothly?
7. What existing resources in the community might help with job development efforts?

1. If someone receives benefits because of his/her disability and decides to go to work, will the person lose the benefits?

  It will depend. There are several factors that are important when discussing benefits and work. The basics involve knowing: 1) what type of benefits the person receives, 2) how much gross income s/he earns a month, and 3) how long the person has worked.

SSI beneficiaries will have their SSI cash benefit gradually reduced as their earnings increase. One dollar is deducted for every two earned after applicable earning exclusions are applied. That means a person whose income comes from SSI and earnings would generally have to earn over $1200 a month before losing cash benefits completely.

SSDI beneficiaries will either receive their entire check or no check depending on their work activity. People who receive SSDI have what's called a 9-month Trial Work Period; they can earn any amount for that period and still be eligible for their entire check. Social Security will then conduct a review after which a beneficiary may still receive a cash benefit depending on his or her earnings.

Working beneficiaries may also have the opportunity to deduct work expenses related to their disability from countable income and/or exclude additional income in order to save for training or a business. To find out more, consult a work incentives expert from your state "Work Incentives Planning and Assistance" program. Go to: www.socialsecurity.gov/work/ServiceProviders/WIPADirectory.html

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2. What should I know about employment rights under the American's with Disabilities Act?

  The ADA protects people with disabilities from discrimination in the workplace. This federal law compels employers with 15 or more employees (state law is 8 or more in Massachusetts) to provide equal opportunities to people with disabilities in all aspects of employment including the application process, training & promotion, and other work-related benefits and privileges. The employer is also required to negotiate a "reasonable accommodation" with a worker who has a disability if it is necessary to help the individual participate in the workplace.

Three very important features about the ADA are, 1) the employee must have a mental or physical impairment that interferes with one or more major life activities, 2) the person must be qualified to do the job with or without a reasonable accommodation and, 3) accommodations are negotiable and must not create undue hardship to the business.

If in an employee needs an accommodation, s/he may request it using plain language rather than disclosing specific diagnosis or providing a detailed medical history. While an employer may request medical verification, the employee's physician need only provide information about specific functional limitations. If the accommodation is not prohibitively expense and does not significantly interfere with the operation of the business, than the request should be granted or an equally effective accommodation option should be offered.

If the employer and employee have difficulty reaching an agreement about an accommodation, the Department of Justice offers mediation services (free of charge) to help both parties develop an understanding of the how the ADA should be applied. If an employee believes that s/he has been a victim of discrimination because of disability, he or she may wish to contact the Equal Employment Opportunity Commission (EEOC) to find out how to resolve the issue.

Find out more about ADA at the U.S. Department of Justice www.usdoj.gov/crt/ada/adahom1.htm or at the EEOC at http://www.eeoc.gov/

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3. If a person with a non-apparent disability gets a new job, is it best to disclose information about that from the beginning in case anything should come up?

The topic of disclosure can be a controversial issue. The only reason a person with a disability would need to disclose is if s/he needs an accommodation. However, some employees with disabilities would prefer to disclose, or not disclose, for personal reasons. Either way, the important point to remember about disclosure is that it is best left to the discretion of the job seeker. Why---because it is the job seeker who is left with the consequences, good or bad, that result from disclosure.

What can employment support staff do to help a job seeker with disabilities make decisions around disclosure:

• Explain to the job seeker that s/he is allowed to disclose at any point of the employment process however, if an accommodation is necessary, the person will benefit if they disclose before performance problems jeopardize the job
• Make sure that s/he understands that the consequences of disclosure may be both positive (e.g. a needed accommodation) and negative (e.g. diminished expectations of one's abilities).
• Remind the individual that they can use plain language when disclosing the disability. For example, rather than saying, "... I have traumatic brain injury so I'm forgetful..." it may be better to say, "I need written instructions so I don't forget..."
• Help the person strategize what should be said and who should be told.

Another tip about disclosure and accommodations, when disclosing a disability it is better for the job seeker to come prepared with some effective accommodation ideas instead of disclosing the disability and expecting the employer to generate solutions. Find out more about workplace accommodations and disclosure at the "Job Accommodations Network":

http://www.jan.wvu.edu/

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4. I have difficulty getting employers to respond to me when I try to develop jobs for people with disabilities, can I improve my approach?

The important question to ask yourself is whether you are asking the employer to give someone you are working with a job or, whether you are offering an employer a solution his/her labor problem. All too often, there is a misconception that the employer is doing a human service agency "a favor" by hiring one of their clients with a disability. The fact is, workers with disabilities can and do make significant contributions to the labor force.

A good way improve your outreach to employers is to make sure that your promotional materials, business cards, etc. send a message about quality employees rather than focusing on disability services. Research the employer before initial contact find out what products and/or service they provide. When meeting with an employer, do more listening than talking. Try to determine the employer's labor needs and then explore how the job seekers you represent can meet those needs.

The important thing to remember is that while your primary responsibility is to the job seeker, the employer is also your customer. Using good customer service practices can help you develop productive relationship with employers in the community. Learn the "language of business" by becoming active in local business associations, chambers of commerce, your local Workforce Investment Board and, never underestimate the power of networking.

For more information on effective job development, visit the publications and tools and resources sections of this website.

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5. I work with some people who have difficulty "fitting-in" to mainstream type of jobs, what are the alternatives?

One approach to helping non-traditional jobseeker jobs is called Customized Employment. This term is often associated with initiatives developed by the Department of Labor's Office of Disability and Employment Policy (ODEP). The goal of the approach is to help job seekers develop a "niche" for themselves in the workforce by creating a unique relationship between the employee with a disability and the employer that will meet the workplace needs of both.

Customized Employment includes:

• Individualization- the creation of an employment plan based on the jobseeker's goals interests and abilities
• Representation- the designation of a representative who can help the jobseeker both develop a customized employment opportunity as well as develop a support network to help the employment succeed
• Negotiation - this includes the development of a proposal for the employer that will illustrate how the job seeker will contribute value to the organization and then working it through until an agreement is reached that creates a win-win situation for both parties.
• Ongoing Supports- the provision of supports and accommodations that are flexible and continue for as long as necessary.

Techniques that may be useful in developing a customized employment situation include 1) Job Carving, in which a position is developed by carving out select job tasks from a specific job description that match the jobseekers talents and abilities and 2) Job Creation, in which a new job description is developed by selecting tasks from several different positions.

To find out more about customized employment visit ODEP at, http://www.dol.gov/odep/more.htm or visit the National Center of Workforce and Disability (NCWD) at, http://www.onestops.info/category.php?cat_id=10

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6. If I refer a person to MRC, what can I do to help the process go smoothly?

Services from MRC are based on eligibility. In order for a person to start, s/he should make an appointment with their local MRC office. Find a local office by calling 1-800-245-6543 (Voice/TDD) or go to http://www.mass.gov/ and Type "MRC area offices" in the search bar.

Some potential steps one can take to facilitate the process are to:

• Explore career aspirations with the individual by discussing interests, values and abilities that they can later share with the MRC counselor.
• Help the person develop an inventory of educational, work and volunteer experiences which s/he can share with the MRC counselor
• Help the person collect medical or disability related information that may be relevant to eligibility for services
• Encourage the jobseeker to be punctual and dress professionally and come prepared with questions
• Encourage the person to take notes and become familiar with the services available through MRC
• Remind the person that vocational rehabilitation is a partnership between the job seeker and MRC counselor.

MRC can offer a range of services including assessment, placement, training and self-employment. What types of services one receives will be determined an "Individual Plan for Employment" which is developed by the counselor and the job seeker. A good point to emphasize to your referrals is that the rehabilitation process works best if the person seeking services is an active part of the job search and career development process.

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7. What existing resources in the community might help with job development efforts?

If you help people with disabilities find employment, you can benefit by collaborating with your local One-stop Career Center. Career Centers were developed as a result of the Workforce Investment Act and are designed to meet the needs of all job seekers, including those with disabilities.

Any job seeker can pursue services by simply registering at their local One-stop. After intake and orientation, the individual can get assistance in developing a resume, post it online, and/or look for available job opportunities through the center's job bank. The individual will also have the opportunity to attend workshops, free of charge, that are relevant to the job seeking process. If person needs additional services, they may be eligible for additional service including individual job counseling and training opportunities.

Organizations that provide employment services for people with disabilities can benefit by nurturing a relationship with their local One-stop. In addition to services for job seekers, employers are also customers of the Career Centers. Providers can expand their network with local employers by connecting with One-stop activities such as training seminars, job fairs and local business leadership events. Some provider agencies have staff that are co-located; they have an office space at the One-stop a few days a week. The best way to get a relationship established with you local One-stop would be to visit your local center and arrange to meet with the "disability navigator." The disability navigator initiative is very active in Massachusetts should be able to directly communicate with the navigator that serves local career center of region.

For information about the One-stop system, visit: www.careeronestop.org/. You can find your local Career center by visiting http://www.detma.org/ and clicking on "Find a Career Center Near You"

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