Navigating Employment with Disabilities

For many people with disabilities, employment doesn’t just offer a means of supporting themselves financially but also provides an important sense of purpose and productivity, as well as an environment for social interaction that we know can contribute to an individual’s overall quality of life. However, for a disabled individual, there can be various roadblocks to acquiring a fair-paying, well-suited job. One of those roadblocks is a federal law that permits employers to obtain special certificates from the government that allow them to pay those with disabilities less than the federal minimum wage of $7.25 per hour. As egregious as this might seem to many of us, this law dates back to 1938, and the Labor Department found that in 2024, approximately 700 employers held certificates, known as 14(c) certificates, that permitted them to pay their disabled employees less than the minimum wage. 38,524 individuals were reported as earning a subminimum wage. About half the workers paid under the certificates earned $3.50 per hour or less and nearly 5% of these workers were paid 25 cents per hour or less.

This month, the U.S. Department of Labor issued a proposed rule to bring an end to these certificates. If the rule is finalized, the Labor Department would immediately cease issuing new certificates, and existing certificate holders would have three years to stop paying workers with disabilities a subminimum wage. The Labor Department said in 2023 that people with disabilities were employed at the highest rate ever of 22.5%. If this rule is implemented, it could mean more disabled individuals seeking employment.

Although the implementation of this proposed rule would be a substantial victory for disability rights advocates, there are other obstacles that disabled individuals can face when considering employment. One of these obstacles is the importance of preserving public benefits. At National Care Advisors, we recognize the critical role that public benefits play in the lives of disabled individuals and the ease with which they can be lost. Maintaining eligibility for many benefits, including SSI, SSDI, Medicare, and Medicaid, can be a precarious balancing act, and adding in employment can put an individual at risk of losing benefits they can’t live without.

At National Care Advisors, our team of nurse consultants is dedicated to assisting clients, their families, and their financial managers or trustees in navigating the laws and regulations governing these benefit programs. We can help determine the maximum number of hours a disabled individual can work while still maintaining eligibility and advocate for the optimization of authorized payment for services, supplies, and equipment through third-party benefits. Our approach leverages our expertise with the Social Security Administration's Red Book, which outlines work incentives and benefits for individuals with disabilities.

Our masters-trained Education Consultants can also assist with employment planning, which should start in high school and must be considered in a student’s Individualized Education Program. Our consultants guide individuals with disabilities in identifying and meeting their goals for vocational training, post-high school continuing education, and preparing for the transition to adult life, including securing appropriate employment opportunities.

If you have a client or loved one who could benefit from our benefits advocacy or education consulting services, contact us today!