Categorized In: Case Services - Planned Services
Approved Date: December 12, 2024
Owner: Mary Matusiak
The purpose of this chapter is to ensure that all clients interested in pursuing Self-Employment are allowed the opportunity to explore this option and make an informed choice as to whether this is an appropriate venue for them.
Self-Employment Definition:
Other Definitions:
1. VR Specialist- Any Specialist in the office with whom the case originates.
2. VR Self-Employment Specialist- Specialist in the office who receives self-employment referrals.
3. Statewide Self-Employment Coordinator- Specialist who assists in Self Employment cases statewide. This person is also the liaison between the field and the Self Employment Team, as well as the field and the person contracted to complete Feasibility and Business Planning.
4. Feasibility Assessment- Study completed to determine the feasibility of a self-employment goal. Job goal, functional limitations, supports, labor market information, competitors, etc., are examples of things that are evaluated as part of this process. A positive feasibility assessment is necessary in order to move forward with business planning.
5. Viability Study- Study completed to determine whether an existing business is financially viable. Predominately an evaluation debt to asset ratio, and the last three years of taxes, and other relevant financial information to determine if the business is sound and profitable.
6. Self-Employment Consultation- Completion of a feasibility study to determine the practicality of a business concept, or a viability study to determine the stability of an existing business. Cost not to exceed Rule 72 Fee Schedule.
7. Self Employment Team- The team consists of the Statewide Coordinator for Self Employment, the Program Director for Counseling and the Program Director for Business Services. They review all self employment referrals and help monitor and guide the self employment process for each referral.
8. Business Plan Development- Team or Community Service under assessment supports. This only includes development of business plan which must be completed prior to an IPE being written. Outlines the concepts and projections for the business, as well as funding sources.
9. Business Plan Implementation/Revision- Team or Community Service provided under planned services. This is predominately used for the implementation of the developed business plan, but can also include the development of a capability statement or a business plan revision.
10. Small Business Start Up Expenses- Required business start-up expenses remaining after all assistance and participation from other sources has been applied.
Non-SSI/SSDI Recipients must first apply personal and/or family resources and all financing available through grants and loans to the required business startup expenses. Program assistance is available for the remaining startup expenses, up to the Rule 72 Limit of $6,000. If the client does not choose the least cost option, the client is responsible for the increased cost. EXCEPTION to Rule 72 may be considered, after an exploration of comparable services and benefits, loans, and client contribution. If there is no alternative to addressing the needed good or service, VR may make an exception and fund the remaining amount.
SSI/SSDI Recipients are exempt from contribution to the cost of IPE goods or services unless the amount exceeds the least cost option. If the client does not choose the lease cost option, they are responsible for the increased cost. EXCEPTION: After a search for comparable services and existing benefits, VR will grant an exception to the fee schedule for the remaining cost of the good or services.
11. Self Employment Training- Any training for the client that is needed to start up or maintain a business. Examples include accounting/Quickbooks, equipment operation, etc. This is not considered part of start up funds, and should be authorized under Miscellaneous Training-Other Classes.
IRS Guidelines to determine whether something is a business or hobby:
In order to make this determination, taxpayers should consider the following factors:
The IRS presumes an activity is carried out for profit if it makes a profit during at least three of the last five tax years, including the current year.
Nebraska VR Self-Employment funds will not be used for the development of the following business models:
The following planning, client and funding requirements are essential to achieving a successful self-employment/small business venture.
Planning Requirements
Client Requirements
Funding Requirements and Assistance
Expenses Not Allowed
Program financial assistance cannot be used for:
Application of resources
Per Rule 72, the recipient must first apply personal and/or family resources and all financing available through grants or loans to the required business start-up expenses. Program assistance is available for the remaining business start-up expenses, up to the limit in Appendix B. After exhausting all the below listed financing options, if there are REMAINING start-up costs that are not covered, VR can provide up to $6000 in start-up funds. Documentation must be in the file of personal/family resources explored and which grants/loans were applied for, and the result of those applications. SSI/SSDI Recipients are exempt from applying personal and/or family resources, as well as exploring financing available through loans. Instead, they are automatically eligible to access Nebraska VR start up funds for their business costs as determined by the business plan.
Exceptions
The Self-Employment Team may grant exceptions to the limit on new business start-up expenses after considering the following factors:
For Non SSI/SSDI recipients: The availability of financing from the Nebraska Department of Economic Development, the Small Business Administration, programs administered United States Department of Agriculture, or other programs and entities experienced in the financing of start-up small businesses;
For SSI/SSDI Recipients- The assigned Program Director will grant an exception to the fee schedule for the remaining cost of the goods and services after a search for comparable services and benefits.
Other Considerations
Self-Employment VS. Contract Work
It is important to note contract work does not typically equate to self-employment. While contract work is something Nebraska VR can support, it falls under competitive employment, rather than self-employment. Here are some important things to take into consideration when determining if a client has a self-employment business (idea), or contract work that would be considered competitive employment.
The below chart gives some comparison examples between contracted employees and business owners. Chart adapted from integrityhr.com
|
Contracted Employee |
Business Owner |
Number of Employer(s) |
Usually only has one employer |
Consults/provides service for more than one company/individual |
Work Hours |
May be set by Employer |
Set by business owner |
Place of Work |
Usually employer's office/workplace |
Works (at least part of the time) out of his/her own home or business |
Benefits |
Can receive employment benefits, such as insurance, from employer Entitled to workers' comp and unemployment compensation |
Does not receive employment benefits from employer Not eligible for workers' comp or unemployment comp |
Control |
Works under control of employer |
Works independently |
Work |
Does as is directed by employer |
Decides how to accomplish tasks, generally without employer's input |
Taxes |
Sometimes taxes on wages withheld by employers |
Not subject to tax withholdings; pays self-employment tax |
Marketing |
Generally does not do advertising/marketing for their services |
Does advertising/marketing for their business in order to accrue more clientele. |
Wages & Hours |
Depending on the nature of the hire, may be covered by federal and state wage and hour laws (i.e. minimum wage and overtime) |
Paid according to contract. Does not receive overtime pay |
For example, a client who wants to do custodial work may have found a business that is hiring under a contract for this type of work. They might even be hiring for the person to clean multiple locations. This would be contract work, not self-employment. An example of self-employment would be a person who has a business, such as house painter, and provides this service to a wide range of customers, which could include, but may not be limited to, bidding on contracts put out by different businesses.
Feasibility and Business Plan Development:
Business Plan Implementation
Business Monitoring/Case Closure
Reminders:
The following supports and services are provided to assist a client in making an informed choice and to implement a Self-Employment Plan.
Feasibility and Business Plan Development:
Business Plan Implementation
Business Monitoring
All criteria are the same for supported self-employment and for non-supported self-employment.
If the individual has an authorized representative, ensure the representative supports the idea and is provided with information as the individual moves through the process. The authorized representative should be invited to attend all meetings.
VR Specialist Checklist
VR Self-Employment Specialist
Statewide Self-Employment Coordinator
Feasibility and Business Plan Development
Business Plan Implementation
The Statewide Self-Employment Coordinator sets up a meeting with all involved parties to review the completed Business Plan.
Business Monitoring
Self-Employment Orientation and In-Depth Self-Employment Exploration and Discussion.
Conduct the Feasibility Assessment
Develop the Business Plan
Business Plan Implementation
Business Monitoring
Successful Closure
New Business Start-Up Expenses
Expenses related to starting a new business include the following and are limited to an establishment period not to exceed six (6) months, unless approved by the Self-Employment Team.
Expenses Not Allowed
Program financial assistance cannot be used for:
Application of resources
The recipient must first apply personal and/or family resources and all financing available through grants or loans to the required business start-up expenses. Program assistance is available for the remaining business start-up expenses, up to the limit in Appendix B. After exhausting all the below listed financing options, if there are REMAINING start-up costs that are not covered, VR can provide up to $6000 in start-up funds. Documentation must be in the file of personal/family resources explored and which grants/loans were applied for and the result of those applications. SSI/SSDI Recipients are exempt from applying personal and/or family resources, as well as exploring financing available through grants or loans. Instead, they are automatically eligible to access Nebraska VR start up funds for their business costs as determined by the business plan.
Use the following outline to prepare a written Business Plan. The Business Plan provides detail for the business start-up. It includes a chart showing all start-up costs and the recommendation on how those will be met. Part of that recommendation will indicate that assistive technology or disability related costs are included and the amount of expected contribution by the agency in the actual business start-up costs.
$1,999.99 or less—1 estimate
$2,000--$4,999.99—2 estimates
$5,000 and up—3 estimates
Approved Date | ||
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June 28, 2023 | Show this Archived Version | |
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