Penalized for Working: Teacher Loses Appeal, Personal Assistance
December 17, 2015
Josie Byzek
On Nov. 27, Jenny Weast, a teacher from Oakmont High School in Roseville, Calif., lost her appeal to retain her government-funded personal assistance because, according to the Social Security Administration and MediCal, she makes too much money. Weast, a quadriplegic, had received a raise last year, which the court ruled pushed her income too high to be eligible for Social Security’s Section 1619(B) — a program set up to help people with disabilities be employed without losing their benefits. “It’s a school district and a contract so you can’t turn down raises, and if I go part time I wouldn’t be able to afford my impairment-related work expenses and pay my living expenses,” says Weast, who became a quad at the age of 16 after a skiing accident.
A math teacher and former cheerleading coach, Weast has been teaching for 29 years, but fears her career may be over. Without 1619(B), if she remains teaching, she would need to pay thousands for her personal assistance out of pocket, and that would not leave her enough money to live on.
According to a Dec. 10 legal opinion by her attorney, Richard L. Manford, Weast has now exhausted all appeals and her only recourse is to work with Congress to change the law. “I know to fight this law that has unfairly shut me out of the system will take a long time,” said Weast. “I simply refuse to give up on the independence I have worked nearly three decades for. The thought of it terrifies me, but I know that even fears that seem unconquerable can be conquered.”


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