House OKs bill to allow special savings accounts for disabled
By Deirdre Shesgreen
WASHINGTON — Chip Gerhardt was in his element Tuesday as he chatted up members of Congress and huddled with other lobbyists in an ornate congressional office on the third floor of the U.S. Capitol.
The Cincinnati government affairs executive and GOP mover-and-shaker has made a career of pulling political levers, and he was in Washington to see one of his long-sought legislative priorities pass the House and sail toward the Senate.
But Gerhardt's client in this campaign isn't a private company or another interest group. It's his daughter, Anne Gerhardt, a 17-year-old with Down syndrome.
She is one of millions of disabled Americans who could benefit from legislation passed by the House on Wednesday, called the ABLE Act, for Achieving a Better Life Experience Act.
The measure would allow people with disabilities to set up savings accounts — with no tax on the earnings, similar to 529 college savings accounts — to cover housing, transportation and other expenses. They would be able to build up a financial cushion in their "ABLE accounts" without jeopardizing their eligibility for Medicaid and Social Security benefits.
Under current law, to qualify for Medicaid and Social Security disability benefits, people with disabilities cannot have more than $2,000 in assets and cannot earn more than about $680 per month. There are 54 million Americans who have physical or intellectual disabilities, although only a subset of that population would be eligible and able to take advantage of the ABLE Act accounts.
Gerhardt has used his lobbyist know-how and his Republican connections to put the bill on the radar of every Cincinnati-area lawmaker, winning active support from House Speaker John Boehner, Sen. Rob Portman and others.
Boehner said he became personally engaged in the issue after Gerhardt, who he has known for 30 years, began "talking to me about this in a real serious way."
"He and many others have been … very effective advocates," Boehner said in a phone interview Wednesday.
"We allow Americans to save for colleges for their kids. We allow Americans to save for their retirement, but for parents … of those with disabilities, there's no legal way for them to save for those individuals," Boehner said. "The whole concept here is helping people to be independent and give them a vehicle to save for themselves."
Convinced of the cause, Boehner said he started working with the chairman of the committee that handles such issues "to push this process along."
Sara Weir, interim president of the National Down Syndrome Society, said the impact of the bill will be "tremendous."
"For the first time in the history of the disability movement, (people with disabilities) will be able to work and save money for the future," she said.
For Gerhardt, like other parents of disabled children, the impact is personal.
The current Medicaid and Social Security asset limits would relegate Anne to an "impoverished lifestyle," he said. Even though she will one day be able to work and live on her own, "it's unlikely she will ever make enough to fully take care of herself."
"From a self-determination standpoint," he said, "it gives Anne a chance to work and get promotions and raises and save money in her name, so she can make decisions."
Wednesday's 404-17 House vote in favor of the bill was the culmination of a years-long campaign, spearheaded by hundreds of families with disabled children and a diverse collection of advocacy groups, from Autism Speaks to the National Federation of the Blind. In a highly dysfunctional Congress, the ABLE Act stands out for its broad, bipartisan support — 454 House and Senate lawmakers have co-sponsored the bill, about 85% of Congress.
The bill could come up for a vote in the Senate as early as next week, and Boehner said he's been working with Senate Majority Leader Harry Reid, D-Nev., and Minority Leader Mitch McConnell, R-Ky., to make sure there are no last-minute hitches.
"We're in a very good position," Boehner said.
Gerhardt was one of a dozen disability advocates on Capitol Hill this week, working to push the bill over the finish line. He became involved seven years ago, when he joined the National Down Syndrome Society's board of directors.
"He's been up on Capitol Hill many, many times lobbying the speaker and the Ohio delegation to tell his personal story about how this will impact his family," Weir said. "One of the reasons we have this bipartisan support is because of folks like Chip and folks with Down syndrome who have met with members and told them why this will change their lives forever."
Gerhardt said it was a chance for him to combine his lobbying savvy and his personal experience in one legislative effort.
"I happen to have some expertise in the area of public policy and lobbying and relationships," he said. But the best advocacy tool, he said, came mostly from "being a dad."
Gerhardt said his daughter has also pressed Boehner and other area lawmakers to support the bill — albeit at informal gatherings. She has met Boehner and Portman, as well as Ohio GOP Reps. Steve Chabot and Brad Wenstrup.
"Just by being who she is and talking to them, that makes a difference," Gerhardt said. "They get it because of her interaction with them."
Boehner seconded that assessment. "She made a great case for the fact that she'd likely be around longer than her parents and had no effective way of taking care of herself," he said.
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