Social Security can provide essential income for adults with autism spectrum disorder (ASD). With 1 in 36 individuals diagnosed with ASD by age 8 according to the CDC, and 80% of adults with ASD either unemployed or underemployed, the financial welfare for individuals with ASD necessitates the receiving of Social Security benefits.

In the last ten years a substantial group of stakeholders including adults with ASD, parents, corporations, educational institutions, nonprofits, service providers, and government agencies have been working hard to improve employment outcomes for individuals with ASD.

Unfortunately, the current implementation of Supplemental Security Income (SSI) and Social Security Disability Insurance / Childhood Disability Benefit (SSDI) programs must be updated to work in concert with these efforts. Those signing this petition are stakeholders in the effort to improve the quality of life for individuals with ASD so that they can live independently and work in competitive integrated employment settings.

Below are challenges for the ASD community caused by current Social security legislation and practices:

• Hesitancy of individuals with ASD and their families to fully engage in competitive integrated employment, for fear that they will lose the safety net and medical insurance provided by SSI or SSDI.
• Individuals with ASD who have earned wages, are being reevaluated by Social Security, without their knowledge. They are then notified that they have been reclassified as no longer being disabled. In reality, they are still disabled. If they were to encounter the loss of a loved one, unemployment, or other unplanned changes, their mental health can quickly degrade. Without their Social Security income, these individuals can find themselves penniless and lacking health insurance that might be necessary for them to cope with their mental health and physical challenges.
• As a result of these arbitrary classifications these individuals can be hit with tens of thousands of dollars of assessments by Social Security for years of overpayment, even if the individual was properly notifying Social Security of their income. Since they may now be unemployed and no longer receiving Social Security, they may not have the means of repayment.
• Current trends in gig-type employment where individuals work periodically for a few months on and off transitory earnings may falsely indicate the achievement of  substantial gainful employment. However, without a steady paycheck this may result in false reclassifications.
• Many states are offering paid internships or on-the-job training, to provide the opportunity for individuals with disabilities to gain work experience. However, although their salary is subsidized by the state, the earnings can erroneously be treated as proof that they can achieve substantial gainful employment.

Proposed Changes

To make Social Security synergistic with efforts to improve financial independence and increase employment of individuals with ASD and other disabilities the following revisions should be made to the current Social Security Disability legislation.

Proposed changes to SSI:

1. Increase the Protected Income for Individuals receiving SSI from $80 per year to Poverty Level (currently $13,590 for a single person for a year), prior to deducting $1 for every $2 earned. (Legislative change required.)
2. Health Insurance coverage shall stay in place regardless of employment status if the individual is not receiving health insurance through their employer. 1.(May be addressed through other government healthcare programs.)
3. Provide immediate reinstatement of SSI Benefits (including Health Insurance) in the case that an individual becomes unemployed, assuming if they meet the financial requirements and are still disabled.
4. Any re-evaluation that seeks to determine whether an individual is no longer considered "disabled" must go through a rigorous process. The first step should be to notify the individual that they are being re-evaluated and provide the reasons for the reevaluation. The second step would involve a review of the medical opinions that were used to originally qualify the individual for SSI. Other considerations for the review should include whether employment accommodations were made such as job coaching, reduced hours, or government subsidies in determining whether the individual is capable of substantial gainful employment on a permanent basis. Individuals shall have the right to contest and appeal a new designation prior to implementation without the loss of any rights or benefits. 1.(Some of this may be currently in the law; however, we are hearing that individuals are confused by the process and have had negative outcomes that they did not understand.)
5. Overpayment of SSI Benefits shall be limited to no longer than one year in the case that individuals have properly notified SSI of their salaries. (Legislative change required.)

Proposed changes to SSDI:

1. The salary threshold for triggering the Trial Work Period will be increased from $940/month to the local poverty level and shall require nine consecutive months of earning above the national poverty level. (Legislative change required.)
2. Any salaries earned through subsidized employment (For example On-The-Job Training, Paid Internships, job coaching, etc.) shall not be considered as a condition for triggering the Trial Work Period. (Legislative change required.)
3. Health Insurance coverage shall stay in place regardless of employment status if the individual is not receiving health insurance through their employer. (Legislative change required.)
4. Raise substantial gainful employment from $1310 per month to the local poverty level. (Legislative change required.)
5. Provide expedited reinstatement of SSDI Benefits in the case that an individual’s becomes unemployed. (Legislative change required.)
6. Any re-evaluation that seeks to determine whether an individual is no longer considered “disabled” must go through a rigorous process.  The first step should be to notify the individual that they are being re-evaluated and provide the reasons for the reevaluation. The second step would involve a review of the medical opinions that were used to originally qualify the individual for SSI.  Other considerations for the review should include whether employment accommodations were made such as job coaching, reduced hours, or government subsidies in determining whether the individual is capable of substantial gainful employment on a permanent basis.  Individuals shall have the right to contest and appeal a new designation prior to implementation. (This may be currently in the law; however, we are hearing that individuals are confused by the process and have had negative outcomes that they did not understand.)
7. Overpayment of SSDI Benefits shall be limited to no longer than one year in the case that individuals have properly notified SSI of their salaries. (Legislative change required.)