461-001-0035

Previous Rules

461-001-0035 Effective 01/01/08
Definitions; OSIP-EPD and OSIPM-EPD
The following definitions apply to the rules of the OSIP-EPD and OSIPM-EPD programs in Chapter 461:

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.

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

Client contribution refers to the amount that must be paid monthly as a condition of eligibility for the EPD program. This contribution is the combination of the Cost Share and the Premium.

Cost share refers to the amount of unearned income in excess of the OSIP income and payment standard that is given to the state.

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.

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.

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

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

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

Clear and convincing evidence of self-employment.

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.

Impairment related work expenses (IRWEs) refers 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.

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.

Premium refers to the payment given to the state that is based on a graduated percentage of the total income of the individual.

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.

Stat. Auth.: ORS 411.060, 411.070, 414.042
Stats. Implemented: ORS 411.060, 411.070, 414.042
Effective 01/01/07 this rule has been renumbered from 461-110-0115.

Effective 01/01/07 this rule has been renumbered from 461-110-0115.
461-001-0035 Effective 01/01/07
Definitions; OSIP-EPD and OSIPM-EPD
The following definitions apply to the rules of the OSIP-EPD and OSIPM-EPD programs in Chapter 461:

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.

Attached to the workforce refers to a person who is employed and has, in each countable quarter, earnings sufficient to receive credit from the Social Security Administration (SSA) for a quarter of coverage for purposes of obtaining Social Security benefits (see 42 U.S.C. § 413).

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

Client contribution refers to the amount that must be paid monthly as a condition of eligibility for the EPD program. This contribution is the combination of the Cost Share and the Premium.

Cost share refers to the amount of unearned income in excess of the OSIP income and payment standard that is given to the state.

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.

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.

Employment refers to an ongoing work activity for which income is received and a potential tax liability is incurred.

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.

Impairment related work expenses (IRWEs) refers 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 person to perform their job as defined in 20 CFR 416.976.

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.

Premium refers to the payment given to the state that is based on a graduated percentage of the total income of the individual.

Substantial gainful activity (SGA) refers to the term used by SSA to describe a level of work activity and earnings. In the EPD program, a person is engaging in SGA if their earnings are at or above the EPD income standard.

Stat. Auth.: ORS 411.060, 411.070, 414.042
Stats. Implemented: ORS 411.060, 411.070, 414.042

461-110-0115 Effective 10/01/05
Terms Used in Determining Eligibility; OSIP-EPD and OSIPM-EPD

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.

Attached to the workforce refers to a person who is employed and has, in each countable quarter, earnings sufficient to receive credit from the Social Security Administration (SSA) for a quarter of coverage for purposes of obtaining Social Security benefits (see 42 U.S.C. § 413).

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

Client contribution refers to the amount that must be paid monthly as a condition of eligibility for the EPD program. This contribution is the combination of the Cost Share and the Premium.

Cost share refers to the amount of unearned income in excess of the OSIP income and payment standard that is given to the state.

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.

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.

Employment refers to an ongoing work activity for which income is received and a potential tax liability is incurred.

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.

Impairment related work expenses (IRWEs) refers 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 person to perform their job as defined in 20 CFR 416.976.

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 to how do it.

Premium refers to the payment given to the state that is based on a graduated percentage of the total income of the individual.

Substantial gainful activity (SGA) refers to the term used by SSA to describe a level of work activity and earnings. In the EPD program, a person is engaging in SGA if their earnings are at or above the EPD income standard.

Stat. Auth.: ORS 411.060, 411.070, 414.042
Stats. Implemented: ORS 411.060, 411.070, 414.042

461-110-0115 Effective: 7/01/03
Terms Used in Determining Eligibility; OSIP-EPD and OSIPM-EPD
Approved account means a segregated account in a financial institution, the purpose of which is to save 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.
Attached to the workforce means a person is employed and has, in each countable quarter, earnings sufficient to receive credit from the Social Security Administration for a quarter of coverage for purposes of obtaining Social Security benefits (see 42 U.S.C. § 413).
Blind Work Expenses (BWEs) are those costs defined by the Social Security Administration (SSA) that can be used as reductions to earned income as defined in 20 CFR 416.1112(c)(8).
Client contribution is the amount that must be paid monthly as a condition of eligibility for the EPD program. This contribution is the combination of the Cost Share and the Premium.
Cost share means the amount of unearned income in excess of the OSIP income and payment standard that is given to the state.
Disabled means having a physical or mental impairment, or a combination of these impairments, that meets the definition of disability used by the Social Security Administration when determining eligibility for Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) as defined in 20 CFR Part 404.
Disability determination means the process used to establish whether the individual’s disability meets the definitions used by the Social Security Administration (SSA) in determining eligibility for Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI).
Employment means an ongoing work activity for which income is received and a potential tax liability is incurred.
Employment and independence expense (EIE) means the cost of any expense that can be reasonably expected to enhance the individual’s independence and employment potential.
Impairment Related Work Expenses (IRWEs) are those costs defined by the Social Security Administration (SSA) that can be used as reductions to earned income. To be allowed, the item/service must be related to the impairment and necessary to enable the person to perform their job as defined in 20 CFR 416.976.
Premium means the payment given to the state that is based on a graduated percentage of the individual’s total income.
Stat. Auth.: ORS 411.060, 411.070, 414.042
Stats. Implemented: ORS 411.060, 411.070, 414.042

461-110-0115 Temp. Eff.: 5/01/03 through 6/30/03
Terms Used in Determining Eligibility; OSIP-EPD and OSIPM-EPD
Approved account means a segregated account in a financial institution; the purpose of which is to save for future expenses that would increase the individual's independence and employment potential. Also included in this category are retirement accounts(IRAs, 401(k)s, TSAs, KEOGHs, etc.) and Medical Savings Accounts (MSAs).
Attached to the workforce means a person is employed and has, in each countable quarter, earnings sufficient to receive credit from the Social Security Administration for a quarter of coverage for purposes of obtaining Social Security benefits (see 42 U.S.C. § 413).
Blind Work Expenses (BWEs) are those costs defined by the Social Security Administration (SSA) that can be used as reductions to earned income as defined in 20 CFR 416.1112(c)(8).
Client contribution is the amount that must be paid monthly as a condition of eligibility for the EPD program. This contribution is the combination of the Cost Share and the Premium.
Cost share means the amount of unearned income in excess of the OSIP income and payment standard that is given to the state.
Disabled means having a physical or mental impairment, or a combination of these impairments, that meets the definition of disability used by the Social Security Administration when determining eligibility for Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) as defined in 20 CFR Part 404.
Disability determination means the process used to establish whether the individual's disability meets the definitions used by the Social Security Administration (SSA) in determining eligibility for Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI).
Employment means an ongoing work activity for which income is received and a potential tax liability is incurred.
Employment and independence expense (EIE) means the cost of any expense that can be reasonably expected to enhance the individual's independence and employment potential.
Impairment Related Work Expenses (IRWEs) are those costs defined by the Social Security Administration (SSA) that can be used as reductions to earned income. To be allowed, the item/service must be related to the impairment and necessary to enable the person to perform their job as defined in 20 CFR 416.976.
Premium means the payment given to the state that is based on a graduated percentage of the individual's total income.
Stat. Auth.: ORS 411.060, 411.070, 414.042
Stats. Implemented: ORS 411.060, 411.070, 414.042

461-110-0115 Effective: 1/01/03
Terms Used in Determining Eligibility; OSIP-EPD and OSIPM-EPD
Approved account means a segregated account in a financial institution; the purpose of which is to save for future expenses that would increase the individual's independence and employment potential. Also included in this category are retirement accounts (IRAs, 401(k)s, TSAs, KEOGHs, etc.) and Medical Savings Accounts (MSAs).
Blind Work Expenses (BWEs) are those costs defined by the Social Security Administration (SSA) that can be used as reductions to earned income as defined in 20 CFR 416.1112(c)(8).
Cost share means the amount of unearned income in excess of the OSIP income and payment standard that is given to the state.
Disabled means having a physical or mental impairment, or a combination of these impairments, that meets the definition of disability used by the Social Security Administration when determining eligibility for Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) as defined in 20 CFR Part 404.
Disability determination means the process used to establish whether the individual's disability meets the definitions used by the Social Security Administration (SSA) in determining eligibility for Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI).
Employment means an ongoing work activity for which income is received and a potential tax liability is incurred.
Employment and independence expense (EIE) means the cost of any expense that can be reasonably expected to enhance the individual's independence and employment potential.
Impairment Related Work Expenses (IRWEs) are those costs defined by the Social Security Administration (SSA) that can be used as reductions to earned income. To be allowed, the item/service must be related to the impairment and necessary to enable the person to perform their job as defined in 20 CFR 416.976.
Premium means the payment given to the state that is based on a graduated percentage of the individual's total income.
Stat. Auth.: ORS 411.060, 411.070, 414.042
Stats. Implemented: ORS 411.060, 411.070, 414.042

461-110-0115 Effective 05-01-99
Terms Used in Determining Eligibility; OSIP-EPD and OSIPM-EPD
Approved account means a segregated account in a financial institution; the purpose of which is to save for future expenses that would increase the individual’s independence and employment potential. Also included in this category are retirement accounts (IRAs, 401(k)s, TSAs, KEOGHs, etc.) and Medical Savings Accounts (MSAs).
Blind Work Expenses (BWEs) are those costs defined by the Social Security Administration (SSA) that can be used as reductions to earned income as defined in 20 CFR 416.1112(c)(8).
Cost share means the amount of unearned income in excess of the OSIP income and payment standard that is given to the state.
Disabled means having a physical or mental impairment, or a combination of these impairments, that meets the definition of disability used by the Social Security Administration when determining eligibility for Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) as defined in 20 CFR Par 404.
Disability determination means the process used to establish whether the individual’s disability meets the definitions used by the Social Security Administration (SSA) in determining eligibility for Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI).
Employment means an ongoing work activity for which income is received and a potential tax liability is incurred.
Employment and independence expense (EIE) means the cost of any expense that can be reasonably expected to enhance the individual’s independence and employment potential.
Impairment Related Work Expenses (IRWEs) are those costs defined by the Social Security Administration (SSA) that can be used as reductions to earned income. To be allowed, the item/service must be related to the impairment and necessary to enable the person to perform their job as defined in 20 CFR 416.976.
Premium means the payment given to the state that is based on a graduated percentage of the individual’s total income.
Stat. Auth.: ORS 411.060, 411.070, 414.042
Stats. Implemented: ORS 411.060, 411.070, 414.042

461-110-0115 (Temporary rule 2-1-99 through 7-31-99)
Terms Used in Determining Eligibility; OSIP-EPD and OSIPM-EPD
Approved Account means a segregated account in a financial institution; the purpose of which is to save for future expenses that would increase the individual's independence and employment potential. Also included in this category are retirement accounts (IRAs, 401(k)s, TSAs, KEOGHs, etc.) and Medical Savings Accounts (MSAs).
Blind Work Expenses (BWEs) are those costs defined by the Social Security Administration (SSA) that can be used as reductions to earned income as defined in 20 CFR 416.1112(c)(8).
Cost Share means the amount of unearned income in excess of the OSIP income and payment standard that is given.
Employment means an ongoing work activity for which income is received and a potential tax liability is incurred.
Employment and Independence Expense (EIE) means the cost of any good or service that can be reasonably expected to enhance the individual's independence and employment potential.
Impairment Related Work Expenses (IRWEs) are those costs defined by the Social Security Administration (SSA) that can be used as reductions to earned income. To be allowed, the item/service must be related to the impairment and necessary to enable the person to perform their job as defined in 20 CFR 416.976.
Premium means the payment given to the state that is based on a graduated percentage of the individual's total income.

461-110-0115
Terms Used in Determining Eligibility; OSIP-EPD and OSIPM-EPD
Approved account means a segregated account in a financial institution; the purpose of which is to save for future expenses that would increase the individual's independence and employment potential. Also included in this category are retirement accounts (IRAs, 401(k)s, TSAs, KEOGHs, etc.) and Medical Savings Accounts (MSAs).
Blind Work Expenses (BWEs) are those costs defined by the Social Security Administration (SSA) that can be used as reductions to earned income as defined in 20 CFR 416.1112(c)(8).
Cost share means the amount of unearned income in excess of the OSIP income and payment standard that is given to the state.
Disabled means having a physical or mental impairment, or a combination of these impairments, that meets the definition of disability used by the Social Security Administration when determining eligibility for Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) as defined in 20 CFR Par 404.
Disability determination means the process used to establish whether the individual's disability meets the definitions used by the Social Security Administration (SSA) in determining eligibility for Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI).
Employment means an ongoing work activity for which income is received and a potential tax liability is incurred.
Employment and independence expense (EIE) means the cost of any expense that can be reasonably expected to enhance the individual's independence and employment potential.
Impairment Related Work Expenses (IRWEs) are those costs defined by the Social Security Administration (SSA) that can be used as reductions to earned income. To be allowed, the item/service must be related to the impairment and necessary to enable the person to perform their job as defined in 20 CFR 416.976.
Premium means the payment given to the state that is based on a graduated percentage of the individual's total income.
Stat. Auth.: ORS 411.060, 411.070, 414.042
Stats. Implemented: ORS 411.060, 411.070, 414.042