BILL NUMBER:  S1704

 TITLE OF BILL :

An act to amend the social services law, in relation to an
individual's application for supplemental security income


 PURPOSE :

To provide that, if an individual has been required by the local
social services district to apply for supplemental security income as
a condition of eligibility for public assistance, that fact be
considered in making a work participation determination.

 SUMMARY OF PROVISIONS :

Section 1 amends subdivision 4 of section 332-b of the social services
law by adding a new paragraph (f), which provides that if an
individual has been required to apply for supplemental security income
by a local social services district, as a condition of eligibility for
public assistance, that it be considered by the medical evaluator in
making the work participation determination.

 EXISTING LAW :

              

Currently those applying for federal disability benefits may be
required to meet public assistance work requirements, even if they had
to apply for such benefits as a condition of eligibility. It is not
explicitly stated that this requirement be considered when an
evaluation for work participation is being made.

 JUSTIFICATION :

If there is a question with an applicant's employability, the social
service district typically has a contract practitioner or agency
perform an evaluation before placing them in a job. It is also very
typical that these individuals are told by the social services
district that they must apply for Supplemental Security Income (SSI)
as a condition of eligibility. While this is clearly a signal that the
individual may have significant barriers to performing any type of
work, it is not explicitly stated that the practitioner examining the
individual consider the fact that they have applied for SSI at the
local district's request. Given that it is in all parties' best
interest to have disabled individuals on SSI rather than public
assistance, it makes sense to ensure that the examiner knows and
considers all available information.  If the practitioner is alerted
to the fact that the individual has been required to apply for SSI,
and that they need to consider this in making their determination,
they may be more critical in their examination.

 LEGISLATIVE HISTORY :

2008: S.1507 - Advanced to Third Reading
2008: S.A7945 - Passed Assembly
2006: S.2332/A.5445 - Committed to Rules in Senate/Advanced to Third
Reading Cal. 523 in Assembly
2004: S.6423B/A.9948A - Passed Senate/Passed Assembly, Veto
14 of 2004.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after becoming law.