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5.5.7  Payment Reductions

Under the ADA , an individual cannot be required to disclose that s/he has a disability or be required to participate in a separate program for disabled individuals.  W-2 agencies must comply with this federal law when assigning activities to W-2 participants.  A participant must be given the opportunity to disclose a disability or other barrier to participate in the W-2 program or employment before payment reductions are imposed.  The following W-2 policies provide these assurances to participants:     

1.             If a participant who is placed in W-2 T or CSJ and has not been offered the BST prior to the initial W-2 placement, the individual may not receive a payment reduction for failing to participate in any assigned activity until the BST is either completed or declined.

2.             W-2 payment reduction cannot be imposed on a participant for declining to complete a formal assessment.

3.             A participant placed in W-2 T or CSJ who has agreed to and is referred for a formal assessment may not receive a payment reduction for any assigned activity until:

a.             The formal assessment results are received by the W-2 agency and the formal assessment activity has been end-dated on CARES screen WPCS; or

b.             The W-2 agency has determined that the participant will not comply with the assigned formal assessment activity and the activity has been end-dated on CARES screen WPCS.

After the formal assessment has been completed and end-dated in CARES and the FEP, in consultation with the participant, has made necessary adjustments to the participant’s EP, the individual may receive a payment reduction for failing to participate in assigned W-2 activities without good cause.  This may include an activity recommended by the qualified assessing agency such as mental health counseling or physical therapy.  

 

 

 

This page last updated in Release # 10-01
Release Date:  10/05/10
Effective Date:  10/05/10