Life After School
Introduction
Adulthood looks different for everyone. The resources and support people need will depend on their personal goals. As a person becomes an adult, some of their rights and services will change. It is important to understand those changes and plan for them. This section includes information on:
- Employment
- Centers for independent living
- Office of Intellectual and Developmental Disabilities transition coordinators
- Social Security benefits
- Guardianship and alternatives to guardianship
- Medicaid waivers
Employment
People with disabilities who want to work during or after high school should know their rights in the workplace. These rights protect them from discrimination. Some people may need accommodations to help them apply for a job or do their work. If an accommodation is needed, they must ask their employer. This is a big change from how accommodations are decided in school. Transition is a good time for students to learn about employment rights, workplace laws, and the skills needed to do well at work.
Frequently Asked Questions About Employment
There are laws that protect job applicants and employees with disabilities. In this section, we will focus on one federal law. You can learn more about other federal laws that protect employees with disabilities on the US Department of Labor website.
Title I of the Americans with Disabilities Act (Title I) protects qualified people with disabilities from discrimination at work. This law applies to employers with 15 or more employees. This law protects all aspects of employment, including:
- Applying for a job.
- Hiring and promotions.
- Training.
- Requesting reasonable accommodations.
- Terminations.
The law applies to private businesses, state and local governments, and employment agencies.
The person can ask the employer for a reasonable accommodation. Employers do not need to find people who need reasonable accommodations. However, if a person’s disability is obvious, the employer should ask if an accommodation is needed. In most cases, it is the person with the disability’s responsibility to tell the employer about the need for an accommodation. It is best to put that request in writing. After a request, the person and the employer should talk about the needs and what accommodations may be reasonable (see below).
A reasonable accommodation is a change to a job, workplace, or work policy that helps a person with a disability:
- Apply for a job.
- Perform their job duties.
- Access the workplace.
- Take part in workplace activities (such as training or social events).
- Enjoy the same benefits and privileges of employment as employees without disabilities.
Examples of reasonable accommodations are:
- Providing an accessible job application.
- Allowing a service animal.
- Providing an amplified phone.
- Having an American Sign Language Interpreter at a training.
- Changing work schedules.
- Making the work area accessible, such as providing a stool.
When discussing reasonable accommodations, employers do not have to cut essential job duties or provide accommodations that will lower production or performance standards. An employer does not have to provide personal items a person would use outside of work, such as eyeglasses. An employer does not have to provide an accommodation that will be an “undue burden” to the employer. An undue burden means the accommodation would cause significant difficulty or expense. If the employer proves the requested reasonable accommodation is an undue burden, the person and the employer should explore other reasonable accommodations that would meet the needs.
A reasonable accommodation can be requested at any time. The request can come from the applicant or employee or from someone acting on that person’s behalf, such as a parent or healthcare provider. A person does not have to use any special legal words or language to make the request. Just need to tell the employer that an adjustment or change is needed due to disability. Some employers have a special process for making requests, so check with the employer.
The request for reasonable accommodation does not need to be in writing, but it is best to put it in writing and keep a copy.
The Job Accommodation Network (JAN) has a sample letter that can be used to help make the request.
Yes, the Job Accommodation Network (JAN) is a great resource. It offers free help on workplace accommodations and disability employment issues. In their “Situations and Solutions” section, you can check for suggestions by specific disability, by limitations, or by occupation.
A person working with the South Carolina Vocational Rehabilitation Department (SCVRD) or the South Carolina Commission for the Blind (SCCB), can ask the counselor about reasonable accommodations. A person who is not currently receiving help from SCVRD or SCCB, but is having trouble working without accommodations, should apply for services from the appropriate agency.
After a person requests a reasonable accommodation, the employer should start a process called the “interactive process.” This is an informal process to better understand the needs and explore possible accommodations. During this process, an employer may request more information about the disability if it is not obvious. However, information requested by the employer should be limited. It should show the nature of the disability and how it relates to the accommodation requested.
If there is a problem during this process, the person can contact the employer’s human resources department.
A person may feel there has been discrimination and want to take legal action. Before that can happen, the first step is to file a “charge” of discrimination with either with the US Equal Employment Opportunity Commission (EEOC) or the South Carolina Human Affairs Commission (SCHAC). There is a timeframe to file a charge. It must be filed within 180 days of the last act of the discrimination. In South Carolina, that time is extended to up to 300 days
Learn More:
Disability Rights South Carolina Employment webpage.
Contact the SC Vocational Rehabilitation Department or the South Carolina Commission for the Blind, depending on which agency applies to the person.
A person can talk about employment goals with the IEP team. Transition services in an IEP can help get ready for work after school. Examples are:
- Explore interests during high school – explore what kind of jobs match interests and strengths.
- Set goals – work with the IEP team to create clear, realistic goals that match needs and future plans.
- Build skills – practice skills such as decision-making, problem-solving, and self-regulation, resume/interviewing skills, self-advocacy skills, and how to ask for a reasonable accommodation.
- Find assistive technology needs. Figure out if need tools or technology are needed to succeed at work.
- Involve SCVRD/SCCB– These agencies can support people during the transition from school to employment.
- Gain work experience– Try community work experiences to explore different types of jobs.
Centers for Independent Living
Centers for Independent Living (CILs) provide services for people with disabilities to live independently in their communities. They are non-profit organizations that are run by and for people with disabilities. They are community-based and serve people with all types of disabilities. Services may vary depending on the agency and location. The goal of these services is to support people with disabilities to live as independently as possible. CILs can be a helpful resource during the transition from school to adult life. You can also use the services of a CIL after transition. Most CILs offer a variety of services, including:
- Information and referral
- Peer support
- Training in independent living skills
- Advocacy (both systems and personal)
- Help transitioning people from a nursing home to independent living or from school to adult life.
There are three CILs in South Carolina that cover different regions of the state.
Walton Options for Independent Living
Office of Intellectual and Developmental Disabilities Transition Coordinators
The Office of Intellectual and Developmental Disabilities (OIDD), formerly known as the South Carolina Department of Disabilities and Special Needs, is a state office that can help people with intellectual disabilities, autism spectrum disorder, head and spinal cord injuries, and other related disabilities. If a person is eligible for OIDD services and is between the ages of 18 and 22, they can contact an OIDD Transition Coordinator for assistance. Transition Coordinators can:
- Share information and resources.
- Help with person-centered planning.
- Make referrals for services.
Every county in South Carolina has a Transition Coordinator. To learn more or find contact information, visit the OIDD website.
Social Security Benefits
People with disabilities may receive Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI). These federal benefits programs run by the Social Security Administration (SSA) have their own rules for who qualifies and what must be reported. It’s important to understand what benefit you are receiving to follow reporting rules. This can help you avoid problems like overpayments.
Supplementary Security Income (SSI): a program that provides monthly payments (benefits) to people with disabilities who have limited income and resources.
Social Security Disability Insurance (SSDI): A program that provides monthly payments (benefits) eligible people with disabilities who have worked in the past but can no longer work due to their disability.
Important Information to Know About Social Security
If a child receives Supplemental Security Income (SSI), the SSA will review the case when the child turns 18. At that time, the SSA will conduct what is called a redetermination. This means they will decide if the person is still eligible for SSI using adult rules, which are different from the child rules.
If a child under 18 receives SSI, the payments are usually made to the child’s parent or guardian. Once a person turns 18, the payments are made directly. However if the person needs help managing money the Social Security Administration can appoint a representative payee. This representative payee (often known as the Rep Payee) should be responsible and trustworthy. The Rep Payee will manage the payments on behalf of the person with a disability. The representative payee must use the money to pay for the person’s basic needs and living expenses. A parent or family member is usually chosen as the representative payee. A private organization can also be a representative payee. Let the Social Security Administration know right away if there are concerns about how a representative payee is handling the money.
Learn more:
Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) are two different types of disability benefits from the Social Security Administration. SSI is a needs-based program. People may be eligible for SSDI based on their work history or through family benefits.
There are work incentives that can help individuals on SSI or SSDI go back to work without losing their benefits right away. If a person is planning to work while receiving benefits, it is important to know:
- What to report to the Social Security Administration (SSA).
- How working can affect their SSI or SSDI payments.
- What work incentives may apply to their situation.
You can contact the SC Work Incentives Planning and Assistance (WIPA) program for help with understanding your benefits and working.
If a person receives SSI/SSDI certain changes have to be reported to the SSA. This includes:
- When the person is going to work.
- Income.
- Changes with work.
- Certain life changes.
Reporting this information on time and accurately is very important. It helps make sure you receive the correct payments and can help you avoid or reduce overpayments.
It is important for people to understand:
- What must be reported.
- When to report it.
- How to report to the SSA.
Learn more:
An overpayment happens when a person gets more payments from the Social Security Administration than should have been paid. There are many reasons why an overpayment can happen. One common reason is not reporting income or changes in living situations on time. A person can help avoid or reduce overpayments by reporting income and other required information. If someone is overpaid, the Social Security Administration will send a notice of overpayment. The notice must be read carefully. There are options to address an overpayment. A person may be able to appeal, request a waiver, or set up a payment plan. Do not ignore an overpayment notice. Get help.
Learn More:
Guardianship and Alternatives to Guardianship
Many people misunderstand who needs a guardian. Turning 18 does not mean a person with a disability automatically needs someone to take legal control over decisions, even if the person needs help with things like finances, healthcare, or education. Guardianship should be a last resort. It takes away a person’s legal rights and limits independence. Before choosing guardianship, other less restrictive options should be considered.
What It Is:
A process where the young adult works with trusted people, such as family members or mentors, to make decisions while keeping legal rights.
Benefits:
- Encourages independence and builds confidence in making decisions.
- Allows the person to stay in charge and make choices while getting support.
- Can be done through formal or informal agreements.
Learn More:
The SC Supported Decision Making Project
Center for Public Representation’s Supported Decision-Making Website
What It Is:
A legal document that allows the young adult to choose a trusted person to make decisions for them in specific areas, such as healthcare or finances.
Benefits:
- Helps the person to stay independent while getting support in key areas.
- Can be customized to cover only the areas support is needed.
- It is easy to change or cancel as situations change.
- Less restrictive and more affordable than guardianship.
- A signed POA can be filed with the court, but it does not have to be. It is a good idea to file a copy with the court so it will continue to be valid if the person becomes incapacitated due to illness or accident in the future.
Learn More:
Contact a local attorney. If you need help you can contact the SC Bar Association
What It Is:
A South Carolina law that allows the closest family member(s) to make healthcare decisions for a person who cannot make those decisions. It applies when the person does not have a guardian or health care power of attorney. If there are no family members who are available, another person “with an established relationship” can provide consent. This law applies to individuals age 16 and above.
Benefits:
- Allows medical decisions to be made quickly without requiring legal work.
- Allows family members to act in the best interest of their loved one.
- No need for court filings or added paperwork.
What It Is:
A South Carolina law that allows a student to choose someone to make educational decisions for them. If the student cannot communicate decisions, the family can step in.
Benefits:
- Makes sure educational decisions are made with the student’s best interests.
- Family members do not need to file any legal paperwork.
- Helps the student keep access to appropriate educational services.
Learn More:
DRSC Factsheet: Adult Students with Disabilities Educational Rights Consent Act
What It Is:
Special savings accounts for people with disabilities. It allows them to save money without losing government benefits. If the person with the account cannot manage it, a trusted person can manage it.
Benefits:
- Allows people to save money without affecting Medicaid or SSI benefits.
- Allows friends and family to add money to help with future needs.
The money can be used for education, housing, healthcare, and other important needs.
Learn More:
DRSC U | First Party Special Needs Trusts, Pooled Trusts, and Able Accounts
What They Are:
Specially designed financial tools that protect a person’s eligibility for government benefits while allowing access to money.
Benefits:
- Protects eligibility to government benefits such as Medicaid or SSI.
- Can be customized to meet the person’s needs.
- Provides long-term financial security and is often used as part of estate planning.
Learn More
DRSC U | First Party Special Needs Trusts, Pooled Trusts, and Able Accounts
What It Is:
A legal process where a court appoints a guardian to make decisions for a person who is found unable to make decisions independently. Guardianship can be over personal decisions, financial matters or both.
Benefits:
- Provide full legal protection for people who cannot make their own decisions and do not have enough support.
- The guardian must act in the person’s best interest by helping manage things like housing, healthcare, money, and other daily needs.
- Can protect the person from financial or medical abuse if the guardian is responsible and trustworthy.
Cons:
- The person with a disability may lose most or all of legal rights and will no longer be able to make decisions about medical, financial, or other choices.
- It is an expensive and long legal process that is hard to reverse once complete.
- It can cause conflict within family relationships.
- This could lead to financial or medical exploitation if the person granted guardianship is not trustworthy.
Learn More:
Medicaid Waivers
Medicaid is a health insurance program for people with low incomes, disabilities, and other groups. It is run by states but funded by both federal and state governments. South Carolina calls its Medicaid program “Healthy Connections.” The Medicaid program is run by the South Carolina Department of Health & Human Services (SCDHHS). Home and Community Based (HCBS) Waivers, also called Medicaid waivers, add extra services for people who have a high level of care. These waivers allow people with disabilities to live in their homes or communities instead of an institution. To qualify for an HCBS waiver, a person must:
- Be eligible for Medicaid, and
- Need a high level of care, like what is provided in a hospital, nursing home, or an intermediate care facility for people with intellectual disabilities.
The South Carolina Department of Health and Human Services (DHHS) runs:
- The Community Choices (CC) waiver
- The HIV/AIDS waiver
- The Mechanical Ventilator Dependent waiver
- The Medically Complex Children’s (MCC) waiver
Office of Intellectual and Developmental Disabilities (OIDD), formerly known as The South Carolina Department of Disabilities and Special Needs (DDSN), runs:
- The Community Supports (CS) waiver
- The Intellectual Disability or Related Disabilities (ID/RD) waiver
- The Head and Spinal Cord Injuries (HASCI) waiver
Applying for a Waiver & Waiting Lists
Most Medicaid waivers in South Carolina have very long wait lists to receive services. It is important to talk about waiver services during the school to adulthood transition process if it has not already been discussed. People should:
- Learn which waiver is the best fit for themselves or their family member’s needs.
- Apply to be on the waitlist as soon as possible.
This will help people get the services when they need them, even if there is a wait. A person may meet eligibility requirements for more than one waiver, but can be enrolled in only one waiver at a time. If a person already has a Case Manager or Early Interventionist (CM/EI), the CM/EI can be contacted about waiver options and applications. If a person does not have a Case Management or Early Intervention, contact should be made with the state agency that runs the applicable HCBS waiver
Disability Rights South Carolina is the Protection and Advocacy System for South Carolina. This publication provides legal information but is not intended to be legal advice. As the law may change, please contact Disability Rights South Carolina for updates. Please let us know if you would like this information in an alternative format.
This website was developed at U.S. taxpayer expense. This communication is partially funded through an SSA grant agreement. Although the SSA reviewed this document for accuracy, it does not constitute an official SSA communication.