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Self-Employment & Social Security

Protocol for BPAO Services

It is important that you have an idea of what your role will be as the Benefits Specialist, what other expert resources exist to help in self-employment matters, and your protocol for handling the self-employment cases. The follow is an example of procedures, developed and utilized by the Dan Wittwer with Life Plan Trust in North Carolina, for when an SSDI beneficiary or SSI recipient requests assistance with self-employment/PASS Plan.

  • The initial service provided by the Benefits Specialist will be the SSDI or SSI intake and general information session. This will include covering Life Plan Trust fact sheets on SSDI, SSI, Medicare, Medicaid, Impacts of Earnings on Benefits, and an overview of work incentives. In addition to the consumer, others who may be appropriate attendees at this session include family members and case manager/support team staff.
  • A session geared specifically to the consumer’s benefits and applicable Social Security policy and provisions information will be conducted, This will be the initial phase of the benefits analysis. I n addition to information directly from Social Security, the book Social Security Considerations for Small Business Owners with Disabilities and the book Making Self-Employment Work by Griffin-Hammis will be used extensively as a resource in providing specific aspects of self-employment as related to Social Security benefits. Specific information about the PASS Plan and business plan requirements will be discussed.
  • It will be clearly stated that the Benefits Specialist does not write business plans; the consumer will be given a list of resources that will assist with the business plan. The consumer will be advised that a business plan must first be in draft form before the initiation of PASS plan development as so much of the PASS Plan depends upon the specifics of the business plan. In addition to the consumer, other attendees at this session may include family members and case manager/support team staff.
  • If the consumer is a VR client, then a contact (with release forms signed) will be made with VR to provide initial discussion of the consumer’s interest in self-employment.
  • With a signed release form the Benefits Specialist will contact that business expert resource and provide any necessary benefits analysis and considerations regarding Social Security benefits and requirements for the business plan and PASS Plan. If the consumer decides to pursue the development of a business plan, the consumer will advise the Benefits Specialist of the business expert resource which will be assisting in that process. It is recommended that a meeting between the consumer, the business expert, and the benefits specialist be conducted early on in the process. It is necessary that this connection between the business plan and the benefits analysis and considerations of the Social Security benefits be made. At any time during the development of the business plan, there may be a request for advisement related to Social Security issues and considerations by either the consumer or the business expert assisting with the business plan. Ensure VR involvement when they are also planning services that will assist with the self-employment.
  • If the consumer is a VR client, then a discussion between VR, the consumer and the Benefits Specialist is indicated to coordinate aspects of the business plan and the PASS Plan development. Then any VR services for the business start up and considerations of those services in relation to Social Security provisions and benefits needs to also be discussed with the business expert.
  • With the completion of the draft of the business plan, the Benefits Specialist may proceed with assistance for the development of the PASS Plan. And if VR services are part of the business plan and PASS Plan, the consumer needs to understand the services of and responsibilities to each program.
  • With the completion of the business plan and PASS Plan, both will be forwarded to the PASS Cadre for review and decision.
  • Once a PASS Plan is approved for self-employment it is advisable to have contacts every 90 days to determine status. Problems and issues raised would be referred to the appropriate business and technical expert. In some instances the problems may be specific to Social Security and may need to be addressed to the PASS Cadre or to the local Social Security office.

The VCU-BARC Self-Employment & Social Security Pages have been developed in conjunction with Griffin-Hammis Associates, LLC. The contents do not necessarily represent the policy, interpretations or opinion of the Social Security Administration (SSA). The information contained here is intended to inform readers of issues that may affect Social Security and/or other public assistance benefits. Because individual circumstances differ, the reader should not rely on any information here as being specifically applicable to an individual's situation. Readers are encouraged to contact a BPAO benefits specialist to discuss her or his specific situation.