[Senate Hearing 117-362]
[From the U.S. Government Publishing Office]
S. Hrg. 117-362
SAVING WITH ABLE: FINANCIAL SECURITY
FOR PENNSYLVANIANS WITH DISABILITIES
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HEARING
BEFORE THE
SPECIAL COMMITTEE ON AGING
UNITED STATES SENATE
ONE HUNDRED SEVENTEENTH CONGRESS
SECOND SESSION
__________
PITTSBURGH, PENNSYLVANIA
__________
AUGUST 17, 2022
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Serial No. 117-21
Printed for the use of the Special Committee on Aging
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available via the World Wide Web: http://www.govinfo.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
48-513 PDF WASHINGTON : 2022
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SPECIAL COMMITTEE ON AGING
ROBERT P. CASEY, JR., Pennsylvania, Chairman
KIRSTEN E. GILLIBRAND, New York TIM SCOTT, South Carolina
RICHARD BLUMENTHAL, Connecticut SUSAN M. COLLINS, Maine
ELIZABETH WARREN, Massachusetts RICHARD BURR, North Carolina
JACKY ROSEN, Nevada MARCO RUBIO, Florida
MARK KELLY, Arizona MIKE BRAUN, Indiana
RAPHAEL WARNOCK, Georgia RICK SCOTT, Florida
MIKE LEE, Utah
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Stacy Sanders, Majority Staff Director
Neri Martinez, Minority Staff Director
C O N T E N T S
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Page
Opening Statement of Senator Robert P. Casey, Jr., Chairman...... 1
PANEL OF WITNESSES
Brenda Dare, Community Advocate and Artist, Pittsburgh,
Pennsylvania................................................... 3
Colton Vazquez, Welcome Director, Open Up Pittsburgh, Pittsburgh,
Pennsylvania................................................... 5
Carrie Bach, Director of MCO Operations and Business
Intelligence, Voices for Independence, Erie, Pennsylvania...... 6
Andrew Duch, Advocate, Gibsonia, Pennsylvania.................... 9
APPENDIX
Prepared Witness Statements
Brenda Dare, Community Advocate and Artist, Pittsburgh,
Pennsylvania................................................... 25
Colton Vazquez, Welcome Director, Open Up Pittsburgh, Pittsburgh,
Pennsylvania................................................... 31
Carrie Bach, Director of MCO Operations and Business
Intelligence, Voices for Independence, Erie, Pennsylvania...... 33
Andrew Duch, Advocate, Gibsonia, Pennsylvania.................... 36
Statements for the Record
Lucinda Schaeffer on behalf of Adam Schaeffer, written statement. 41
Astrid Arroyo and Michael Uzyak, written statement............... 42
Jacey Surbrook, written statement................................ 43
Kelly Barrett, written statement................................. 45
Kathy A. Hertzog, written statement.............................. 46
Pat Grandy, written statement.................................... 50
Rachel Shandler, written statement............................... 51
Jennifer Rivera, written statement............................... 52
Ronna Riffle, written statement.................................. 53
SAVING WITH ABLE: FINANCIAL SECURITY
FOR PENNSYLVANIANS WITH DISABILITIES
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WEDNESDAY, AUGUST 17, 2022
U.S. Senate
Special Committee on Aging
Washington, DC.
The Committee met, pursuant to notice, at 9:30 a.m., at
University of Pittsburgh Alumni Hall, 4227 Fifth Avenue, Room
121, Pittsburgh, Pennsylvania, Hon. Robert P. Casey, Jr.,
Chairman of the Committee, presiding.
Present: Senator Casey
OPENING STATEMENT OF SENATOR
ROBERT P. CASEY, JR., CHAIRMAN
The Chairman. Good morning. The Senate Aging Committee
will--this hearing will come to order for the Senate Aging
Committee. We are grateful that everyone is here to talk about
these issues. I am really grateful that our witnesses are here
this morning and grateful for those who are in attendance.
Today's hearing highlights the experiences of
Pennsylvanians who are ABLE account owners, and who wish to
open an ABLE account but cannot do so. We are focused on both
those who have ABLE accounts, as well as those who would like
to open an ABLE account but are limited because of the
constraints of the law.
The original legislation in 2014, the Stephen Beck, Jr.,
Achieving a Better Life Experience Act, we shortened that to
ABLE Act, was signed into law in December 2014. I introduced
the ABLE Act to provide people with disabilities the
opportunity to build wealth without risking the loss of their
Federal disability benefits.
This is especially important for people with disabilities
who have a poverty rate more than twice that of those who don't
have a disability, so the poverty rate is twice that for people
with disabilities of those who do not have a disability. That
means that one in four of the 61 million people with a
disability in the United States live in poverty--one in four.
One of the reasons for this is that Federal programs limit
the amount of money that people with disabilities can save.
This means a person cannot save for a home. They cannot
purchase a needed assistive technology or even save for a car
that would be accessible to them. That is why we created ABLE
back in 2014, to knock down a barrier that people with
disabilities face every day as they work to improve their
lives, so far, 46 states and the District of Columbia have used
the ABLE Act to create special savings accounts that enable
people with disabilities receiving federal benefits to save
like every other American was able to save.
Here in Pennsylvania, as of August the 5th, there are more
than 6,750 ABLE account owners who have saved nearly $74
million. Those nearly 7,000 Pennsylvanians have been able to,
on average, save nearly $11,000 per account, because of ABLE,
people with disability can save for education, they can save to
start a business, they can save to buy a home, or even save for
retirement, but there are limits on who can open an ABLE
account. A person with a disability must have acquired their
disability prior to their 26th birthday in order to open an
ABLE account. That is a limitation that we have to change.
There are millions of Americans who acquire their disability
later in life. They may acquire the disability after the age of
26. It might be when they are age 30 or 35 or 40, and we want
to make sure that we are providing this opportunity for as many
Americans as possible, so I introduced a bill, the ABLE Age
Adjustment Act. It is Senate Bill 331, and this bill would
increase the age of eligibility to own an ABLE account to age
46 instead of 26. This would make 6.2 million more Americans
eligible to open an ABLE account, including one million
veterans.
This bill was recently voted out of the Senate Finance
Committee, and I am fighting every day to make sure it is the
law. I hope we can pass this, and we are going to try as best
we can to get it passed by the end of this calendar year, so
today we are gathered to hear more about why Pennsylvania
families need ABLE and why we have to expand it. Let me turn to
our witnesses.
I will just provide ever so brief introductions of our
witnesses, but we are so grateful they are here, willing to
testify, share their experience, and to enlighten us and
educate us about what we have got to do next. Our first witness
is Ms. Brenda Dare.
Ms. Dare has experience as a community advocate and artist.
She opened her ABLE account in March 2021 and is a supporter of
the program for sure. I want to thank Ms. Dare for being here
and look forward to your testimony. Our second witness is
Colton Vazquez. Colton is a senior at Duquesne University,
where he studies performing arts.
He is the mascot for the Pittsburgh Thunderbirds, a welcome
director at an Open Up yoga studio, and one of Kenny's
kangaroos at Kennywood Amusement Park. I want to thank Mr.
Vazquez for sharing his story with us today. Our third witness
is Ms. Carrie Bach, who is currently the Chief Operations
Officer at Voices for Independence in Erie, Pennsylvania. In
addition to her work at Voices for Independence, she also spent
15 years working for the Pennsylvania General Assembly, the
Pennsylvania Legislature.
Ms. Bach, I look forward to hearing your testimony as well.
Our fourth and final witness is Andrew Duch. Mr. Duch has
worked at Giant Eagle for nine years. He will tell us about a
major purchase he made with ABLE account funds that he helped--
that has helped increase his personal independence.
Mr. Duch, thank you for sharing your story with us today
and being with us, so we will start with our first witness. Ms.
Dare, you may begin your testimony.
STATEMENT OF BRENDA DARE, COMMUNITY
ADVOCATE AND ARTIST, PITTSBURGH, PENNSYLVANIA
Ms. Dare. Thank you, Senator. Good morning to everyone that
is here with me today. I would like to tell you a little bit
about my historical perspective. I am nearly 50 years old. I
grew up with my disability. I have had it since birth, and
being a person who grew up with a disability, I was taught to
have a very different attitude about finances and money than
most of you in this room.
While wealth is something that you aspire to--it is
something that I was taught to fear. Most kids welcome birthday
cards and eagerly take the money out of them to put into their
piggy bank. Friends and family were cautioned not to put money
in my birthday cards and Christmas stockings, as it would have
to be reported and might affect the next month's SSI check.
When I turned 16, I was thrilled at the possibility of
gaining a little more independence from my mother and my
family. I said, it is time to get a job. There was a grocery
store within walking distance of my house and the manager,
Henry, had agreed he would teach me how to use a pricing gun so
that I could work in stock. My mother's response was absolutely
not. She knew nothing of work incentives or Social Security
programs that might have enabled me to get a job.
She was deathly afraid that if I earned a paycheck, it
would negatively impact the small benefit that we needed to
keep the house in running order. It was seen as my
responsibility to forgo that little bit of independence and
wealth to help the family. This had a major impact on how I
felt about wealth. I developed the attitude that I just wasn't
going to own anything. That meant that when I did leave college
at the age of 21, I didn't have any practical work experience,
and so when I went for my first job, I ended up getting a part
time job at a disability organization that held a 14C
certificate. For those of you that don't know what that is, it
enables employers to pay less than minimum wage to people with
disabilities simply because they have a disability.
I was grateful for that money, but I sure didn't know what
to do with it. I had gone through a cycle in college where I
had gotten the predatory credit offers that come to all new 18
year olds who are away at college, and I had overspent on that
shiny new credit card just as soon as I got it, so I was
already digging myself out of a hole, and that $5 an hour job
helped a little, but not much.
I really didn't see how I was going to get ahead in the
world. Well, then I began to know that there were ways around
those things. By that time, I was receiving SSDI on my father's
record because he had become disabled as well, so I had a
little bit more money coming in, and when I say a little, I
think the difference between my SSI benefit and my SSDI benefit
was $17, but that $17 meant that I had lost my Medicaid while I
was in the waiting period, so what discretionary income I did
have from that little job and the one that followed, I spent on
medical expenses to deal with the minor infections that are
part of my everyday life. I sure didn't see a way to financial
success. The only savings I had existed in a water cooler
bottle because as a person with a disability, getting to the
bank was difficult.
Using bank machines was even more difficult because we
hadn't reached the point where--although the ADA was passed,
access was minimal, so I really didn't know what my financial
future was going to be. Well, I made a mistake on my taxes one
year and got a little further behind that financial eight ball,
and I just accepted the fact that I was going to live in lower
middle class for all of my life and I wasn't going to own
anything. I was going to be an apartment renter and I was going
to live moment to moment. I remember a very telling argument
with my mother. There was a Starbucks across the street from
where I lived, and any of you who know me well know that I
don't go anywhere without a coffee cup. Well, I was a regular
customer, sometimes three or four times a day.
My mother and I were arguing one day. She said, you spend
hundreds of dollars a month on coffee, imagine what you could
do with that money, and I looked at her and I said, not much,
if I don't want to lose my Federal home and community based
services benefit. That has an income cap too.
I lived my whole adult life in a fair market apartment
where I spent 75 percent of my income some years on rent
utilities because I didn't want to live in public housing, not
because of any shame or stigma attached to it, but because I
didn't want yet another financial review.
I had spent my entire childhood deathly afraid of the
Social Security envelope that came every year to trigger our
annual service review where my mother would, when I was a
child, carry me on her hip, to prove I was still disabled and
prove we needed the money. Wealth was certainly not in my
future, though I did dream of hitting the lottery and buy
tickets once in a while.
When I heard about--the full time job I eventually got with
a center for independent living, I started to learn a little
bit more about what I could have. I started to learn there were
people that knew how to use work incentives and other things
that the Social Security Administration offered, and I learned
about something called the PASS program, which, if you haven't
heard of that, it is exactly what you should do with that
opportunity. It is a tremendous amount of work for a terribly
constrained program that never did function efficiently and
forced people with disabilities to come up with a goal before
they knew, before they saved the money, they didn't know what
they were saving it for.
ABLE gives us a way around that. ABLE gives us a way to be
fully functioning citizens who are able to save and prepare for
futures. I am now raising my eight year old niece, living in a
home full of love and security, and when I had to quit my job
six months ago, ABLE gave me the cushion to be able to do that.
I want other people to realize how powerful this program
is, and I want more people to be able to take advantage of it,
through the Age Adjustment Act and through what I hope we can
establish, a program where account holders serve as mentors to
people who want to become involved in the process.
I want to help Senator Casey make these changes, and I know
that all my other fellow witnesses do, too. Thank you.
The Chairman. Ms. Dare, thanks so much for your testimony
and the comprehensive story you told about your own life and
how it has been improved through the ABLE Act----
Ms. Dare. You are welcome.
The Chairman [continuing]. we are grateful, and that is
about as good a summation of why we need to not only keep what
is in place growing and moving in the right direction, but also
to make the changes we have to make to improve it, so thank
you.
Ms. Dare. You are welcome.
The Chairman. Next, we will hear from Mr. Vazquez. You may
begin your testimony.
STATEMENT OF COLTON VAZQUEZ, WELCOME DIRECTOR,
OPEN UP PITTSBURGH, PITTSBURGH, PENNSYLVANIA
Mr. Vazquez. Good morning, Senator Casey. My name is Colton
Vazquez. I am 23 year old. I live in Pittsburgh. I vote----
Voice of Candy Vazquez. You vote in every election.
Mr. Vazquez. I vote in every election.
Voice of Candy Vazquez. You are senior at Duquesne
University.
Mr. Vazquez. Yes. Thank you.
Voice of Candy Vazquez. What are you here to talk about?
Mr. Vazquez. My account. My credit card.
Voice of Candy Vazquez. So you are here to talk about your
ABLE account and how you use it.
Mr. Vazquez. ABLE account.
Voice of Candy Vazquez. Okay, and why it is important to
you, right?
Mr. Vazquez. Yes. I work at Open Up and at Kennywood and at
Castle Camp.
Voice of Candy Vazquez. You had four jobs this summer.
Mr. Vazquez. Four jobs this summer.
Voice of Candy Vazquez. Do you love to work?
Mr. Vazquez. Yes.
Voice of Candy Vazquez. Say that.
Mr. Vazquez. Yes.
Voice of Candy Vazquez. Colton loves to work and make
money. What are you studying at Duquesne?
Mr. Vazquez. I study history of theater and acting.
Voice of Candy Vazquez. History of theater and acting.
Would you like some help with that one? I travel to different
cities to audition for theater jobs. I have to save money to
pay for it. Where did you go this summer to audition?
Mr. Vazquez. Florida. Sesame Street live.
Voice of Candy Vazquez. You went to Florida to audition for
Sesame Street live?
Mr. Vazquez. Yes. Harry Potter----
Voice of Candy Vazquez. Yes, you did get to go to Harry
Potter also. What is your dream job?
Mr. Vazquez. Dream job, wiggles--become wiggles----
Voice of Candy Vazquez. Colton's dream job is to become a
wiggle and perform for kids. What are you saving your money for
now?
Mr. Vazquez. Saving money--Australia.
Voice of Candy Vazquez. He is saving his money to go to
Australia.
The Chairman. Wow.
Voice of Candy Vazquez. Colton had the opportunity to
perform with The Wiggles when they were in Pittsburgh.
Mr. Vazquez. Saving money----
Voice of Candy Vazquez. He must have a way to save money.
You also want to save for what?
Mr. Vazquez. My own apartment and my own wedding, and my
own dog.
Voice of Candy Vazquez. You want some help with this one?
Okay. All of these things cost money. I have to be able to save
money to do this. Without an ABLE account, I am only allowed to
save $2,000. That is not enough to buy a house or a condo.
Mr. Vazquez. And this.
Voice of Candy Vazquez. You want that one too? Okay. If you
allow me to save money, I can provide many of my own supports.
I will always need some help and I must have health insurance,
but I am capable and need the chance to save money without
being afraid of losing many of my other benefits. Thank you.
The Chairman. Well, Colton, thanks so much for your
testimony and for sharing part of your life story with us.
Mr. Vazquez. Thank you.
The Chairman. We are grateful.
Mr. Vazquez. Thank you.
The Chairman. You even have a game plan for your career, so
that is I think, more than I did at your age, so you are ahead
of where I was at your age, so thanks for sharing that, and
your mom Candy is here. I should have introduced you earlier.
Mrs. Candy Vazquez is here to be with Colton as his
communication supporter.
Next, our third witness is Ms. Bach, thank you for being
with us today and look forward to your testimony.
STATEMENT OF CARRIE BACH, DIRECTOR OF
MCO OPERATIONS AND BUSINESS INTELLIGENCE,
VOICES FOR INDEPENDENCE, ERIE, PENNSYLVANIA
Ms. Bach. Thank you for having me today.
The Chairman. Sure.
Ms. Bach. My name is Carrie Bach, and I am living with
quadriplegia as a result of a spinal cord injury from an
accident that occurred on November 3d, 2019. I was 41 years
old. This accident happened in my own living room when I
slipped, broke my neck at the C5, C6 level, which is about in
this area, and my life changed forever in the blink of an eye.
Prior to my fall, I worked as a professional in an office
just like all of you, but I also had a second career and
identity as a professional performer. I am a classically
trained ballerina. However, I realized pretty early on that I
was not physically built for a career in ballet. I am 5.2'' and
I had a compact, muscular build, which was not exactly where
ballet companies were hiring at the time, so instead I took my
training, and I focused it on swing dancing, partnered
acrobatics, aerial performance, and stilt walking. This allowed
me the opportunity to travel around the United States as well
as 33 different countries. I also spent a little time as a
competitive bodybuilder. My husband here is also a professional
performer, too, with talents that far exceed my own.
We had both decided that we were going to retire as
performers that year. In fact, I finished my final gigs three
weeks before I fell. However, those are all stories for another
day. I am here to talk about November 3rd, 2019, the day both
of our lives changed forever and in an instant. We all know
that accidents happen every day and it could be any one of us.
I even worked for an organization, Voices for Independence,
that assist people with disabilities, but I still never thought
it would be me.
We planned and saved money for vacations, for buying a new
car. We planned for our kid's college educations and our
retirement, but no one ever makes plans to have a disability.
We just don't. Even though we know it could happen to any one
of us or our loved one at any moment.
When I had my accident, we were both gainfully employed and
had retirement accounts set up. I have a State pension plan
which I invested in, my husband has a 401k plan, and we both
have IRAs. Our income and assets put us above the limit to
qualify for most programs assisting people with disabilities.
When I was in rehabilitation for my injury at UPMC Mercy
Hospital, I remember being told that people with ACIs rarely
ever return to work, and if they do, it usually takes two to
three years. I returned to work three weeks after I left rehab.
I also was told by the social workers that my options for going
home were for my husband to quit his job to care for me at
home, or I would have to go to a nursing facility.
Luckily, I knew from my years of working with the
legislature and BFI that I had other options and I discharged
to my own home, because of our financial situation and not
qualifying for most programs, we immediately amassed a bill
over $70,000 to get our home ready for me. This included new
flooring that could withstand the wear and tear of my
wheelchair, a ramp, accessible bathroom, and a van.
We had to wait to install door opener at the cost of over
$6,000. That is all right, I cannot safely exit my home if I
was by myself, and a fire broke out. Luckily, we were able to
make that investment this year so I can get out of my house.
However, the $6,000 investment does not include the daily
medical supplies that are not covered by my insurance.
The past two years, my company has offered a health
insurance option for a high deductible health plan with an HSA
account. We changed our insurance company this year and there
is no longer the option for an HSA.
Like most people, I read to the policy, but only yet fully
understand how much my medical expenses will cost me this year
between different deductibles, co-pays, co-insurance, or items
that are not covered at all. I also no longer have the benefit
of a plan that offers me a program with tax benefits for saving
money for my medical expenses.
I do not have the option of an ABLE savings account with
similar tax benefits since I acquired my injury and disability
after the age of 26. I would absolutely open an ABLE account
for my medical expenses right now if the law allowed for it. I
was lucky that I did not sustain a traumatic brain injury when
I hit my head.
My brain still works even if my body doesn't. I chose to
continue working because I can. My husband and I chose not to
spend down our resources so that the Government would be
responsible for paying my care. It would be nice to have the
opportunity to open an ABLE account where we would have the
same tax benefits as other people with disabilities.
Therefore, I urge Congress to pass the ABLE Age Adjustment
Act that would change the age requirement to 46 instead of 26
years old for onset of a disability. Thank you for the
opportunity to submit my testimony for this hearing today.
I hope that you will remember and consider my story if this
legislation ever does come before you for a vote, and so I do
have to leave you with one last question. Have you made your
plans for having a disability? Yes, today this is my story, but
tomorrow it could just as easily be yours. Thank you very much.
The Chairman. Carrie, thanks so much for sharing that, and
I am going to have to call you by your first name, and your
husband Jeff is helping you provide your testimony. We are
grateful you are both here.
Ms. Bach. Yes. He took off work today to be here with me.
The Chairman. Thanks, Jeff, for doing that and helping our
hearing, but Carrie, you made the case for why a ABLE age
adjustment has to get passed----
Ms. Bach. Correct.
The Chairman. Simple as that. Now that I know your story
and now that I have been made aware of your legislative
experience----
Ms. Bach. Ah, use me up. I am ready. I think that goes for
everybody at this table.
The Chairman. Yes. Visit some offices, and we can give you
the address of where those offices are.
Ms. Bach. No problem.
The Chairman. It is easier to do it in Washington because
you can go up and down hallways instead of having to fly from
one State to another.
Ms. Bach. Right. Yes. Yes. Absolutely.
The Chairman. I think I can get the office numbers for you.
Ms. Bach. No problem. It is very interesting to be on this
side of the table instead of the other side of the table, but
you know, it is also really helpful to me to be on this side of
the table and I am happy to do it.
The Chairman. Well, with your Harrisburg experience, I am
sure, it will help us in Washington.
Ms. Bach. Oh yes, I am sure they still hear my high heels
clicking around those halls.
The Chairman. Well, we are grateful. Thank you.
Ms. Bach. You are welcome.
The Chairman. Our fourth and final witness, Mr. Duch, you
may begin.
STATEMENT OF ANDREW DUCH, ADVOCATE,
GIBSONIA, PENNSYLVANIA
Mr. Duch. Thank you for this opportunity to testify before
the Senate Special Committee on Aging. My name is Andrew Duch.
I live in Gibsonia, Pennsylvania, 15 miles North of Pittsburgh.
I am 27 years old and work in stock for Giant Eagle. I have
been working for Giant Eagle for nine years. I have a great
interest in amusement parks, especially rollercoasters. I am a
coin collector and I enjoy the outdoors. I have lived in the
Pittsburgh area for my entire life. Also, I was diagnosed with
Autism Spectrum Disorder at the age of three.
I received special education services in school and
participated in the marching band in high school--go Talbots.
In 2013, I graduated from Hampton Township School District. I
went on to attend Project Search at UPMC Passavant Hospital,
where I trained in the linen, pharmacy, and emergency room
departments.
While I was still in high school, my family and I attended
the PA Department of Education's Transition Conference in
Hershey, where I learned about PA ABLE. Since I receive
benefits like a PFDS waiver and medical assistance, I couldn't
have a lot of money in a savings account, or I could lose those
benefits, so my family and I found out more about PA ABLE and
opened an account.
At the same time I was working part time at Gian Eagle. I
am working a lot more hours now than when I started at Giant
Eagle. Some weeks I work 40 or a few more hours. Recently, I
also became eligible for health insurance. I was glad that
Giant Eagle offered me health insurance because I could not be
on my parent's insurance anymore.
There are other things that I didn't want to rely on my
parents for as an adult, like transportation. I always knew I
wanted to learn to drive, but I would need a car. I decided
that I would put money--put away money to help buy a car for
myself. I used my PA ABLE account to save money.
It is pretty easy to use. When I was still in school in
Project Search, I would use paratransit. It was okay, but there
are some challenges to using paratransit. I had to call ahead.
Sometimes they were late or too early.
Sometimes I had to wait a long time for a ride. When I was
24, I decided it was time to learn to drive. I used the Penn
DOT app to practice the written test. It took a few tries, but
I passed. Then I took driving lessons. In July 2020, I took my
road test and passed on the first try. The next day, my family
and I went to look at cars.
We knew I might not find something right away. They showed
us some and they were okay, but then they showed me a black
cherry Honda Civic. I loved the color, and I liked how the car
looked. It was perfect. Thankfully, I had saved quite a bit of
money with my PA ABLE account, and I was able to put down a
good amount for a down payment.
By putting down more money, my monthly payment and my
insurance payments are very manageable. Since I have gotten my
license and my car, I am able to drive to and from work. I am
able to meet friends at the driving range for my church group
and I don't have to rely on my family to drive me around.
If I want to drive to Sheetz for a coffee, I just do it.
Using PA ABLE, I was able to save enough money to buy a car. I
am much more independent than I was when I had to use
paratransit or rely on my family to drive me somewhere.
My car has allowed me to do things I wouldn't have done if
I didn't have it, and it gives me independence to do what I
want. Now, I am saving so that I can live on my own. I am
saving for the first and last month's rent for an apartment.
PA ABLE has helped me learn to save money and taught me
that by saving I can get the things I want to live a good life.
Thank you.
The Chairman. Well, Andrew, thanks so much for sharing
that, and it is just such a specific example of what ABLE can
mean for someone's life. Just the ability to save for, in your
case, a car among other savings that you can achieve, so thanks
for sharing that. I will start our questions and I will start
with, I will come back to Andrew in terms of the order, but I
wanted to direct this first question to three of our four
witnesses, to Brenda, Colton, and Andrew, because you have ABLE
accounts.
When we envisioned these accounts back in 2009, we started
working on the legislation and then it passed it in 2014, other
Senators and I knew that people and House members as well, we
obviously passed it in both places, we knew that people with
disabilities were being denied a chance to save, just as
several of our witnesses talked about.
We knew that the asset limits for supplemental security
income, SSI, and for Medicaid and other Federal assistance
programs put arbitrary limits on a person's ability to save and
therefore limited their future.
The asset limits for these Federal disability programs were
essentially keeping people either close to or in, living within
the poverty rate. Since ABLE accounts have been available,
these Americans have been able to save, and each of you have
highlighted some of those examples today.
I guess I am going to start with Brenda, and maybe Colton,
and then Andrew. What is the best thing about having an ABLE
account?
Ms. Dare. The best thing for me about having an ABLE
account is that now that I am not working, it gives me a little
bit of financial security and a place to fall back on. One of
the things people don't think about--you mentioned assistive
technology.
I have a lifting system in my home that helps me get out of
bed every morning. It costs me about $3,000 a year to maintain
that. I can apply to the Office of Vocational Rehab to manage
those expenses and pay for them, but that takes months and
sometimes I don't have months if the battery decides to die and
I all of a sudden need $1,000 for battery and maintenance.
ABLE gives me that cushion, so it is one less thing I have
to worry about, because when those emergencies come up or when
the breaks went out on my van, I could just write the check,
just like everybody else does. It is not scrambling around to
see what support source can I get to the fastest, so it is a
real stress relief.
The Chairman. Brenda, thanks. Colton, how about you, if you
could point to one thing, what is the best thing about an ABLE
account?
Voice of Candy Vazquez. What is the best thing about having
your own account?
Mr. Vazquez. Account----
Voice of Candy Vazquez. What do you like the most about it?
Mr. Vazquez. Save money----
Voice of Candy Vazquez. You like to save money, but you
also like to whip out your debit card.
Mr. Vazquez. Yes.
Voice of Candy Vazquez. You like the access.
Mr. Vazquez. Debit card, yes.
Voice of Candy Vazquez. For dating, right?
Mr. Vazquez. Yes.
The Chairman. Debit card for dating. That is good.
Voice of Candy Vazquez. That was awesome. That is exactly
what you use it the most for.
The Chairman. Thanks, Colton.
Mr. Vazquez. You are welcome.
The Chairman. Andrew, how about you? I think we--I might
know your answer. It might rhyme with car.
Mr. Duch. Well, I like to save from my ABLE account
because, what if I need tires changed on my car? What if my
engine needs to be replaced? I could use some of that money for
it, I have some money in my drawer, actually, where I live.
I can probably use some of that to use for if I want to
change my tires, if my engine needs to be replaced, or if
something where to happen on my car. I could definitely use it
for things like that.
The Chairman. Yes, and Carrie for you, if you had an ABLE
account, what would be the best use of it for you the best?
Ms. Bach. Well, for me, I would most likely use mine kind
of as an in and out to pay my bills, but yet still get the tax
benefit of placing the money in the account. As a full time
employee, those are the types of things that help us plan for
our future, but you know, as I said in my testimony, $76,000
right out the door just to come home.
You know, those are the types of things that people can't
afford to do. That was really a struggle for us. That was part
of my motivation for getting back to work after just three
weeks, is that I had a bill to pay off, so we had to get going.
That and of course, you know, I was just sitting around, so
I felt idle. Work is very important to me, but that is probably
how I would use mine, as more of an in and out for medical
expenses as they come up.
The Chairman. Well, and I wanted to stay with you for a
question. As I menioned earlier, we believe that if we can pass
the ABLE age adjustment, as you have been advocating for, that
about 6.2 million Americans would become eligible, and after
you had shared your story about your injury, I guess at that
time you were how old?
Ms. Bach. I was 41.
The Chairman. 41.
Ms. Bach. I will never forget.
The Chairman. Well, and we know that there are a lot of
Americans in that category----
Ms. Bach. Absolutely.
The Chairman [continuing]. who have those injuries. I am
told that it is 18,000 spinal cord injuries each year, and most
of those 18,000 are older than the age of 26. I guess you may
have already answered this question by way of your testimony,
but when you consider just those Americans, what is the best
case for the ABLE Act for those Americans?
Ms. Bach. How do we get them to sign up? Well, you know,
Brenda actually tested, or touched on this in her testimony,
the fear. There is a general fear of losing other benefits that
you just, you can't take that chance, because for me, if I
didn't have personal assistance services, I would not be able
to get out of my bed. I can't do that on my own. I have to have
somebody else there with me, so to lose a service like that--
now again, my--I am able to have that through a different
program in Pennsylvania called the Act 150 Program, and that is
unique to Pennsylvania and allows people with--who are working
or have a slightly higher income to have PAF benefits where you
pay on a sliding scale based on your income, but to lose those
benefits, at the risk of this new account, where I am told that
I can save something but what if in the end it doesn't work and
I lose everything, that is the reality, I think, of what we are
going to be dealing with, and so I think that one of the best
ways to do that is word of mouth of people who are actively
using this account, doing something at--for example, I work for
a Center for Independent Living. If I was able to open one, I
am going and I am talking to my coworkers about how to do it.
Getting them to open up an account because they are the
ones that are working with other people with disabilities every
day and can encourage them and let them know that it is exactly
as it seems. You are not going to lose your benefits over
making this investment. As big or as small as it may be, get it
started, but I think we need to do it by example.
The Chairman. Yes. Well, thanks. I know when you are
advocating for this bill, you are speaking for not just folks
who might be beyond the age limit, but individuals who have
suffered the same injury you have, so.
Ms. Bach. Absolutely.
The Chairman. You are being a voice for them. I want to
turn back to Brenda. One of the greatest challenges for some
people with disabilities is finding home. Affordable housing is
challenging for everyone and that goes beyond the disability
community, but ever more so if you are in the disability
community.
We are told that a 2020 study found that only six percent
of apartments or homes in the United States are accessible. Six
percent of homes and apartments accessible in the United States
of America.
I say that again with emphasis. Brenda, can you tell us how
you are planning to use your ABLE account to help improve your
housing situation if you have used funds to make your home more
accessible?
Ms. Dare. Well, I have used ABLE to help maintain the
equipment that makes my home accessible to me, but I just want
to reiterate, when you are talking about one in five Americans
that have a disability of some sort. That six percent of homes
and housing stock is woefully insufficient. When we bought our
home, we looked at 32 houses in 16 months.
We bought the one that I could get inside of. It still
required two years? worth of modifications. If I had had an
ABLE account at that time, the timeframe for those
modifications would have been greatly reduced, but because I
had to depend on the Office of Vocational Rehabilitation, it
took two years for a concrete pad in our driveway and a lifting
system to be installed.
That was all that needed done. For people that are aware of
what those things are, that should have been six months at the
most rather than almost two years, so I think having my ABLE
account and being able to tell people, if you really want to
help us out as a family, if you really want to help me out, if
you know that I have gone--I am going through some tough health
stuff right now, if you want to help out, I tell people, use
the you gift code for some money in my ABLE account.
I don't need flowers. I don't need cards, but what we need
as a family is to increase that financial buffer we have, and
it has really been, I think, a powerful thing to be able to say
to people, this is how you can really make a difference.
The Chairman. Brenda, you said for those home improvements,
you needed a concrete pad and what was the other thing?
Ms. Dare. I needed a lifting system put in. It is called a
surehands lift. It attaches to the ceiling and picks me up and
can even pick me up off the floor, but it gets me out of bed
and into my chair. Out of my chair and onto the toilet and into
the shower. Greatest piece of equipment I have ever owned.
I would like to see them become more common, but they are
very expensive, and I think that ABLE gives people some ability
to have those things, but also some very simple things. There
is an 8-year old over there in the chair who really wants to go
to Disney World.
It is going to cost me some extra money to take a personal
care assistant with us to make sure that the car rental we have
is accessible, to make sure that everything we need is on that
trip. ABLE will be part of that, and no, Kaitlyn, I am not
saying it is coming next week.
The Chairman. Well, you are very focused on that future.
Ms. Dare. Yes, and to speak to what you were saying about
how to reach people, I think people really do not only have to
see it from us, they have to start hearing it from financial
services professionals that they encounter on an everyday
basis.
The Chairman. Right.
Ms. Dare. You know, back when we had a retirement account
where I worked, I went to our planner when I was thinking about
opening ABLE account. I would have opened it sooner except that
he said, I don't know anything about that, and your employer is
not going to match, so, you know, you are better off just using
our account. It shouldn't be that way.
We should have the ability to do a one-time rollover of a
larger amount every once in a while if, say, an inheritance
comes, and financial planners need to know how ABLE works and
how it interacts with other programs so that they can offer,
you know, really good advice.
The Chairman. Well, Brenda, thanks for that. I wanted to
turn to Colton for a question about education and employment.
We know that, as I made reference to earlier, the unemployment
rate for people with disabilities is less than half for that of
people without disabilities.
We are grateful today that our witnesses here today are
working and that some of you hold multiple jobs. That is not
easy. Colton, I know you have been using some of your ABLE
funds to be able to prepare for and interview for jobs.
Can you tell us how you have used ABLE savings to prepare
for a job interviews, and tell us about some of those
interviews, if you don't mind.
Mr. Vazquez. I--audition in Florida----
Voice of Candy Vazquez. What did you audition for in
Florida?
Mr. Vazquez. Sesame Street.
Voice of Candy Vazquez. Sesame Street, and then where else?
Mr. Vazquez. At New York.
Voice of Candy Vazquez. New York City?
Mr. Vazquez. Yes.
Voice of Candy Vazquez. What did you audition for there?
Mr. Vazquez. A movie.
Voice of Candy Vazquez. For the Netflix show Orange is the
New Black?
Mr. Vazquez. Yes.
Voice of Candy Vazquez. Pittsburgh has some performance,
but you have to go to other cities all the time, right?
Mr. Vazquez. Yes.
Voice of Candy Vazquez. It is expensive. Where else are you
headed to, for the movies?
Mr. Vazquez. Yes.
Voice of Candy Vazquez. To California. Colton is exhausted
because of work.
The Chairman. Oh, yes. I was going to say, sorry for that
delay. I wanted to make sure that--but, so you are planning to
go to California.
Mr. Vazquez. Yes.
The Chairman. You have been to New York and Florida. You
have got a busy schedule for a college senior. That is the
reality for folks who are pursuing their career goals or
dreams.
Mr. Vazquez. Yes.
The Chairman. Sometimes you have to travel and traveling
costs money, and Colton is able to use those funds to prepare
for and take advantage of those opportunities to audition, and
that is--in essence, we all, at some point in our lives, are
auditioning. A job interview is an audition of any kind, so we
are grateful that he is willing to share that story with us,
and Colton all I can say is, I don't think you are going to
need luck, but I wish you luck when you go to California, too.
I just hope you come back to Pittsburgh. We don't mind you
leaving Pennsylvania for a while. We hope you come back, but I
wanted to turn next to a question for a number of our
witnesses, for Brenda and Andrew and Colton again. Then I think
we will at that point probably wrap up.
I mentioned in my opening statement, there are about
120,000 ABLE account owners across the country that have now
saved $1 billion. I am not sure I said that, but I know I set
it out in an interview walking in the door, but to have $1
billion in assets saved across the country is a significant
advancement for the Nation, but we want to get that number up
and we want to get the account holder number way up, so we know
that those who have those accounts have a measure of financial
security they wouldn't have otherwise, and we know that for
some, they might be aware of ABLE, they might be aware of the
opportunity, but we still hear stories about people being
hesitant, reluctant, whatever the word is, to open an ABLE
account.
Some say that opening an account is difficult and some are
scared that their benefits will be affected. That fear that
Brenda and others have spoken to still persists, even though we
have an avenue or a pathway that wasn't available before under
the tax law.
I wanted to ask Brenda, then Colton and Andrew, can you
talk about the experience of actually opening the account,
opening an ABLE account, and if it has had any effect on your
Federal disability benefits? Maybe Brenda, we will start with
you.
Ms. Dare. Well, for me, it was very easy. Now, I had the
advantage of, I helped consumers open their accounts from the
time the program launched, but I opened my account at 3:00 a.m.
I was--couldn't sleep. I took out my iPad. I knew that a bit of
a windfall was coming my way thanks to a very generous bonus
from my employer, and I just went ahead and opened the account
online.
One of the things I think would have been less intimidating
to me would have been if I could have opened an account with a
bank that I was already familiar with. The limited number of
providers, I think, will be a barrier for some folks.
The fact that I deal with one bank for my everyday spending
and another bank for my ABLE is something I am able to manage,
but a lot of people see that as a hassle. They don't want----
The Chairman. Having to go to another bank for another part
of----
Ms. Dare. Right, because in Pennsylvania, only Fifth Third
offers ABLE accounts, and as a lifelong PNC customer, I had the
same bank account since I was 16, you know, it is a lot to have
to manage that second relationship, and for some folks, that is
a barrier. They just, they are very resistant to that change.
The Chairman. Brenda, I want to be clear, you recommending
that everyone open their ABLE account at 3:00 a.m.?
Ms. Dare. I recommend that everybody open their ABLE
account as soon as they are eligible. I think it should be
something that when younger folks come out of rehab, they
should be given that pamphlet. They should sit down with
somebody who understands it and just get it open, even if it is
just $5 or $10.
You know, I waited until I had a fair amount of resources,
and that was not very smart of me, I will freely admit. For all
the things I am good at in this life, I am not good with money.
I am working to change that, thanks to ABLE.
The Chairman. That recommendation about getting that
information just as you are finishing a rehabilitation is
important.
Ms. Dare. Yes, and also high school seniors. Kids who grow
up grow up with disabilities, it should be part of their
transition planning.
The Chairman. Colton, how about you?
Voice of Candy Vazquez. Do you remember when we opened your
account? We did it together.
Mr. Vazquez. Oh, yes.
Voice of Candy Vazquez. How did we do it?
Mr. Vazquez. Do it----
Voice of Candy Vazquez. On a computer. I support Colton
with this financial, and I know everything that Brenda said on
the transition, schools should be told about this. Colton had
his first job in eighth grade at 14 and paid taxes and earned
money. He should have known then, and the, you know, putting it
in those hands and also a bank that was--actually had a branch
in Pennsylvania would be a huge benefit. He currently has three
checks that need to be deposited, and sometimes there is a
delay because of just getting organized, huh?
Mr. Vazquez. Yes.
The Chairman. A Pennsylvania branch would be----
Voice of Candy Vazquez. Would be really nice. That was
easy, huh? We didn't have to do anything other than a computer.
The Chairman. Yes. Andrew, how about you?
Mr. Duch. Well, for me----
The Chairman. Was it 3:00 a.m.?
Mr. Duch. No, it was not. For me, I get up to PFDS waiver
services, and that has not impacted my benefits at all. I
actually had enough--I had enough money in my ABLE account to
put a down payment on my Honda Civic that I mentioned, and I
plan to save even more of that money probably for an apartment
down the road when I move out of my parents' house.
The Chairman. That is great. You have had the car how long?
Mr. Duch. About two years.
The Chairman. Two years. Does it run pretty well?
Mr. Duch. Yes.
The Chairman. That is great. We just need to get gas prices
even lower, right?
Mr. Duch. Yes.
The Chairman. Well, that will be the subject of another
hearing. I guess the last thing I wanted to ask about was some
suggestions for others who may hear about the work we are all
trying to do together. One of the great promoters and really
the offices around the country that are implementing the ABLE
Act are State Treasury offices around the Commonwealth and--or
I should say around the Commonwealth, around the country and
including here in Pennsylvania.
Our State Treasurer, Stacey Garrity and her team have work
to promote ABLE accounts all over the State and are also
advocating for the passage of the ABLE Age Adjustment Act. Our
office in Pennsylvania has done a lot of outreach to inform
people about these accounts, and as I said earlier, we have got
almost 7,000 accounts in Pennsylvania, and we have accounts in
64 out of 67 counties, which is significant. There is three we
don't and working on all three, but there are thousands more
people that are eligible for ABLE accounts both in our State
and around the country, if we can get this legislation passed
to raise that age.
I guess for all of our witnesses, maybe I will start with
Carrie, what are your suggestions for reassuring people the
ABLE will not affect eligibility for Federal disability
benefits? And how do we encourage--how should we encourage
people to become ABLE account owners?
Ms. Bach. Sure. First of all, I have to share two secrets.
The Chairman. Sure.
Ms. Bach. This one is for Colton. My husband and I used to
be mascots. My name was Whiplash, and he was Clutch.
The Chairman. Wow.
Ms. Bach. We have--yes, we have that in common. That is
hard work. Really hard work, and good for you, and the other
secret is, that my husband works in that field. He whispered in
my ear. He said, I should be telling people about this.
Ms. Dare. Do you feel like you are sufficiently informed
enough to do that, Jeff?
Mr. Bach. I absolutely do. I am a branch manager and a
mortgage lender, and I often run into people that say, I want
to buy a house, but I am not allowed to have money, and an
obstacle to buy a house is you have to have a down payment and
pay closing costs, so either a program that allows for no down
payment, which is not likely, but something that will allow
people to grow an asset to be able to spend for that, because
otherwise they are victims of whatever the landlord decides to
raise the rent to.
Ms. Dare. Right, right.
Ms. Bach. They are also stashing money. You know, it is not
safe to do that, but they are stashing money, some in safes and
some they are taking it old school and boxes and burying it.
Ms. Dare. You heard about my water cooler bottle during my
testimony, and that is where my savings was for a very long
time.
Ms. Bach. I heard nothing about that water bottle. I heard
absolutely nothing, but yes, this program would help, as Jeff
said, for those individuals to not be collecting it in a box
buried in the ground, which doesn't help them in securing a
mortgage. You have to have that money in the bank, and as soon
as they put it in the bank, it triggers that review that is
going to knock them off of their benefits.
The Chairman. Yes.
Ms. Dare. I just have to add one comment to your testimony,
Carrie, and that is that even Act 150 has an asset limit, so I
know that you play a shell game in making sure things get moved
around properly but having an ABLE account would remove that
stress from you as well.
Ms. Bach. Absolutely, and I have a good SC, service
coordinator that, you know, helps me navigate that program.
The Chairman. Well, anybody else? Colton, did you want to
add anything or not?
Voice of Candy Vazquez. What would you tell them?
Mr. Vazquez. Just do it.
Voice of Candy Vazquez. Just do it.
The Chairman. Just do it.
Voice of Candy Vazquez. Never looked back, and it has not
affected any benefits ever.
Mr. Vazquez. Yes.
The Chairman. Maybe we could add just to it at any time of
the day, right?
Ms. Dare. Yes.
The Chairman. Well, let me--unless Andrew, you have
anything you want to say?
Mr. Duch. What you mentioned about the Senate--I think the
passage of this Act will expand eligibility for Pennsylvanians
because there is a lot of them that are like in their 30's and
40's that don't have ABLE at all. The passage of this Act will
expand that, and expand the three counties that we don't have.
The Chairman. We may have to put you on the road. You have
got a car.
Ms. Dare. Yes.
The Chairman. Those three counties from here are a pretty
good ride but I think he could make it. Well, thank you very
much. I just want to read for the record a closing statement,
but I want to start with gratitude. I can't thank our witnesses
enough, and those who are working with our witnesses, for today
and getting here and taking the time to do this, because I
could give 150,000 speeches, but that won't have the same
impact as your testimony.
I am not saying that to convey some kind of humility, it is
actually the truth. The best way for us to tell the story of
why it is important to pass the bill is to have you tell your
stories, right, and nothing is more compelling to a fellow
human being than hearing another human being tell their story.
All the charts and data are not nearly as persuasive and as
important and meaningful as the testimony that you are
providing today, so I know that you are doing this because you
care about these issues, but I want you to know that you are
helping your country by making the case for ABLE age
adjustment, so we are grateful for that, and speaking of our
country, in a country as prosperous as the United States of
America, no one with a disability should be forced to live in
poverty to provide essential benefits. No one should be forced
to live in poverty.
As our witnesses told us, people with disabilities are
often, as Brenda said, taught to fear, building wealth. No
American should be taught to fear building wealth and providing
savings for themselves and for their families, and thanks to
ABLE accounts, that no longer is the case for millions of
Americans, but we have more work to do to improve the ABLE
program, so I want to thank, I want to thank Brenda and Carrie
and Colton and Andrew for sharing their stories about what an
ABLE account can help them accomplish in their lives, whether
it is saving for a rainy day, paying for health care expenses,
buying a house, buying a car, even traveling halfway across the
country to go audition for the job of your dreams.
These goals can all be supported by ABLE savings accounts.
In addition to the testimony of our witnesses today, we had a
number of Pennsylvanians write to us about their ABLE accounts,
their own personal experience, their own testimony.
I want to submit for the record nine additional, I am
holding them up now, nine additional statements from
Pennsylvanians highlighting how they are using their ABLE
accounts for everyday needs to meet their long term goals, so
we will make these a part of the record. As we say, without
objection.
People with disabilities have goals, they have dreams, they
have ambitions, just like every other American, and we want to
make sure that we provide every tool necessary, every tool,
every support that we can to allow them to fulfill those dreams
and to achieve those ambitions.
Everyone deserves the opportunity to work and to be able to
save for emergencies and future goals. ABLE gives that
opportunity to eight million people with disabilities. The ABLE
Age Adjustment Act, the Senate bill I mentioned, Senate Bill
331, will expand that opportunity to another 6.2 million
Americans, including, as I have said, more than one million
veterans.
I want to thank all the witnesses for contributing their
time, and as I mentioned earlier, sharing their experiences and
telling us their stories to help us pass the bill. The hearing
record will remain open until Thursday, August 24th for
additional statements for the record.
I want to thank you all for participating, and that will
conclude today's hearing.
[Whereupon, at 10:39 a.m., the hearing was adjourned.]
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APPENDIX
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Prepared Witness Statements
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Statements for the Record
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