Or. Admin. Code § 461-001-0035 - Definitions; OSIP-EPD and OSIPM-EPD

The following definitions apply to the rules of the OSIP-EPD and OSIPM-EPD programs in Chapter 461:

(1) "Approved account" refers to a segregated account in a financial institution, the purpose of which is to save to use for future disability-related expenses that would increase the individual's independence and employment potential. Also included in this definition are accounts regulated by the Internal Revenue Code and used for retirement planning, such as IRAs, 401(k)s, TSAs, and KEOGHs.

(2) "Blind work expenses" (BWE) refer to those costs defined by SSA that can be used as reductions to earned income as defined in 20 CFR 416.1112(c)(8).

(3) "Disabled" or "has a disability" refers to having a physical or mental impairment, or a combination of these impairments, that meets the definition of disability used by SSA when determining eligibility for Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) as defined in 20 CFR Part 404.

(4) "Disability determination" refers to the process used to establish whether the individual's disability meets the definitions used by SSA in determining eligibility for SSI and SSDI.

(5) "Employment" refers to an ongoing work activity for which a client provides the Department with one of the following:

(a) Tax payments or filing for Federal Insurance Contribution Act (FICA).

(b) Tax payments or filing for Self-Employment Contributions Act (SECA).

(c) Clear and convincing evidence of self-employment.

(6) "Employment and independence expense" (EIE) refers to the cost of any expense that can be reasonably expected to enhance the independence and employment potential of the individual.

(7) "Impairment related work expenses" (IRWE) refer to those costs defined by SSA that can be used as reductions to earned income. To be allowed, the item or service must be related to the impairment and necessary to enable the individual to perform the individual's job as defined in 20 CFR 416.976.

(8) "Participant fee" refers to the monthly payment that clients in the OSIP-EPD and OSIPM-EPD programs must make in order to be eligible for the OSIP-EPD and OSIPM-EPD programs (see OAR 461-160-0800).

(9) "Past relevant work" (PRW) refers to work done within the past 15 years, that was substantial gainful activity, and that lasted long enough for the worker to learn how to do it.

(10) "Substantial gainful activity" (SGA) refers to the term used by SSA to describe a level of work activity and earnings. In the OSIP-EPD or OSIPM-EPD programs, an individual is engaging in SGA if the earnings of the individual are at or above the OSIP-EPD or OSIPM-EPD income standard.

Notes

Or. Admin. Code § 461-001-0035

AFS 1-1999(Temp), f. & cert. ef. 2-1-99 thru 7-31-999; AFS 7-1999, f. 4-27-99, cert. ef. 5-1-99; AFS 22-2002, f. 12-31-02, cert. ef. 1-1-03; SSP 10-2003(Temp) f. & cert. ef. 5-1-03 thru 9-30-03; SSP 17-2003, f. & cert. ef. 7-1-03; SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05; Renumbered from 461-110-0115, SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 14-2007, f. 12-31-07, cert. ef. 1-1-08; SSP 23-2008, f. & cert. ef. 10-1-08

Stat. Auth.: ORS 411.060, 411.070, 414.042

Stats. Implemented: ORS 411.060, 411.070, 414.042