Local Social Security Office Mobile Check-In

Social Security offices have enabled a Mobile Check-In feature.  To use Mobile Check-in, clients scan the QR code at the Social Security office they are visiting to check in for both scheduled and unscheduled visits.  The Mobile Check-in requires clients to enable mobile location service and use the latest version of their internet browser.  Clients will need to be at the Social Security office when their ticket number is called.  Clients will need to enable mobile notifications.

Mobile Check-In will show clients their place in line, alert when someone is able to assist, provide the interview location, and invite participation in a feedback survey.  (Social Security Dear Colleague Letter, October 24, 2023.)

Posted in SSI

Full child support pass-through for former CalWORKs recipients child only CalWORKs cases

The California Department of Social Services (CDSS) has issued guidance regarding full pass through of collected child support for CalWORKs recipients child only CalWORKs cases.

Effective January 1, 2024, or when automation is completed, whichever is later, all child support collected must be passed through to former recipients and to CalWORKs recipients where only the children receive benefits (known as K1 and 3F families).  Any pass through payments that cannot be delivered to former CalWORKs recipients for six months will be used to recoup CalWORKs paid to the former recipient.  The former recipient family can make a claim with the Local Child Support Agency for the recouped funds within 12 months of the payment being sent for recoupment.

Also effective January 1, 2024, or when automation is completed, all support payments received in child only CalWORKs cases do not count as income for purposes of CalWORKs eligibility.

Child support payments received by a CalFresh or California Food Assistance household, including child support pass through payments, are counted as unearned income when determining CalFresh eligibility and benefit amount.

Child support payments are considered unearned income of the child when determining eligibility for Supplemental Security Income and Cash Assistance Program for Immigrants.  Any unspent child support payments count as a resource for Supplemental Security Income and Cash Assistance Program for Immigrants.  (ACL 23-93, November 6, 2023, and ACL 23-93E, December 27, 2023.)

SSI eligibility for Cuban, Haitian, Nicaraguan and Venezuelan Parolees

The Social Security Administration has provided instructions for processing Supplemental Security Income (SSI) claims for citizens of Cuba, Haiti, Nicaragua, and Venezuela who are paroled into the United States by the Department of Homeland Security (DHS).

Individuals under the “Cuban Haitian Nicaraguan and Venezuelan parole process” can potentially receive SSI. To determine eligibility for SSI, the Social Security Administration must evaluate and verify the parole states and determine if the parolee meets one of the listed conditions for their country.

For Cuba and Haiti Nationals, documents that qualify as evidence of parole status are Employment Authorized Document (EAD) with a C11 category, unexpired passport, or an unexpired Form I-94 with a code of CHP for Cuban Humanitarian parolee or HHP for Haitian Humanitarian Parolee.

A Cuban or Haitian parolee might also be a Cuban/Haitian entrant (CHE) which is a distinct status that is separate from the January authorization. If the parolee has the CHE status they are eligible for SSI up to seven years.

If the parolee is not a CHE then SSI eligibility ends on the expiration date of parole status.

For Nicaraguan Nationals, documents that qualify for evidence of parolee status are an Employment Authorization Document with a C11 category, unexpired passport, or unexpired Form I-94 with a Class of Admission of Nicaraguan Humanitarian Parolee.

A Nicaraguan parolee is eligible for SSI if they one of the exceptions that allows for immigrant eligibility for SSI.  If they do not meet one of the exceptions, their SSI eligibility expires at the end of the parole status.

For Venezuelan Nationals, documents that qualify for evidence of parolee status are an Employment Authorization Document with a C11 category, unexpired passport, or unexpired Form I-94 with a Class of Admission for Venezuelan Humanitarian Parolee. They may also have an expired passport, the expired passport is valid for five years after the expiration date listed on the passport.

A Venezuelan parolee is eligible for SSI if they meet one of the exceptions that allows for immigrant eligibility for SSI.  If they do not meet one of the exceptions, their SSI eligibility expires at the end of the parole status.  (Social Security EM-23020.)

Posted in SSI

Fraud and similar fault evaluation for Social Security claims

The Social Security Administration has issued a ruling about determining fraud and similar fault in evaluations initial applications for disability benefits.

Social Security must disregard evidence if there a reason to believe fraud or similar fault was involved in providing that evidence.  This can include disregarding evidence provided by someone who has not committed fraud or similar fault, but whose evidence relies on other evidence involving fraud or similar fault.  Fraud is defined as “when a person, with the intent to defraud, either makes or causes to be made, a false statement or misrepresentation of a material fact for use in determining rights under the Act; or conceals or fails to disclose a material fact for use in determining rights under the Act.” Similar fault is defined as “an incorrect or incomplete statement that is material to the determination is knowingly made or information that is material to the determination is knowingly concealed.”

If evidence is disregarded, Social Security evaluates the remaining evidence in the record to determine eligibility.

At a hearing, the administrative law judge considers objections to disregarding the evidence and then decides whether there is reason to believe that fraud or similar fault was involved in providing the evidence.

The Notice of Determination or Order must identify documents being disregarded and discuss the evidence that supports a finding to disregard the evidence, and then provide a determination or decision based on the remaining evidence in the record. (SSR 22-2p, May 17, 2022.)

Posted in SSI

Fraud and similar fault redetermination of Social Security claims

The Social Security Administration has issued rulings about redetermining eligibility for disability benefits based on fraud or similar fault

Social Security must disregard evidence if there a reason to believe fraud or similar fault was involved in providing that evidence.  For claims that have already been granted, Social Security will redetermine eligibility and will disregard the evidence for which there is a reason to believe fraud or similar fault was involved.  Fraud is defined as “when a person, with the intent to defraud, either makes or causes to be made, a false statement or misrepresentation of a material fact for use in determining rights under the Act; or conceals or fails to disclose a material fact for use in determining rights under the Act.” Similar fault is defined as “an incorrect or incomplete statement that is material to the determination is knowingly made or information that is material to the determination is knowingly concealed.”

Social Security reevaluates the case based on the remaining evidence in the record to determine eligibility.  This includes evidence in the record at the time of the original favorable decision, and evidence provided during the redetermination process.  If the individual is found ineligible after the redetermination, benefits are terminated and the benefits paid are an overpayment.

In determining whether there a reason to believe there has been fraud or similar fault, adjudicators can make inferences based on the totality of the circumstances such as facts or case characteristics common to known or suspected patterns of fraud.  This can include disregarding evidence provided by someone who has not committed fraud or similar fault, but whose evidence relies on other evidence involving fraud or similar fault.

At a hearing, the administrative law judge considers objections to disregarding the evidence and then decides whether there is reason to believe that fraud or similar fault was involved in providing the evidence.

Initiation of a redetermination for alleged fraud or similar fault is not a determination subject to an administrative hearing or judicial review.  After redetermination, an appeal of the redetermination decision can include objections to the finding to disregard evidence.  (SSR 22-1p, May 17, 2022.)

 

Posted in SSI

Treatment of CalKIDS accounts

In 2019, the passage of SB 77 provided one-time state funding to create CalKIDS, a qualified scholarship program. It opens a college savings account for every newborn child in California regardless of income. CalKIDS will provide an initial seed deposit of at least $25 in each savings account and other potential financial awards to participants. In 2021, the passage of the American Rescue Plan Act significantly expanded the program to include an additional 3.7 million low-income public school students in grades 1 through 12 who qualify for free or reduced lunch, are homeless, or are in foster care. Eligible students receive an initial seed deposit of $500. Later in 2021, CalKIDS clarified eligibility to include students attending state special schools.  The CalKIDS expansion was implemented on July 1, 2022. 

College Savings and CalKIDS Accounts allow families to save and invest money for their children’s future higher education expenses. Savings withdrawn from a CSA program that utilizes a 529 college savings account, such as CalKIDS, are not subject to federal or state taxes if they are used for qualified higher education expenses. 

Because CalKIDS Accounts are owned by the State and are not available to the Assistance Unit (AU) are not counted as income or resources for CalWORKs purposes. Any funds, including funds deposited and investment returns, originating from a CalKIDS account will not be considered in the eligibility determination or grant calculation for CalWORKs applicants or recipients. 

CalKIDS Accounts are entirely excluded as income or resources for the CalFresh and California Food Assistance Program CalKIDS shows accounts must be excluded from income and resources entirely. 

CalKIDS does not count as income for CalWORKs Homeless Assistance Program (HA) and the CalWORKs Housing Support Program (HSP) because they are CalWORKs programs.  CalKIDS also does not count as income when determining eligibility for assistance provided by other Housing and Homelessness Programs, including Project Roomkey/Homelessness COVID Response, Bringing Families Home, and the Housing and Disability Advocacy Program.

CalKIDS accounts do not count as income for CalWORKs Stage 1 Child Care.  For other child care programs,  CalKIDS accounts are not considered countable income because they are owned by the state.. CalKIDS funds that are withdrawn and not utilized for educational purposes may be considered countable income if not excluded on some other basis.

The impact of CalKIDS on RCA/ECA and TCVAP follows the income and assets eligibility and administration rules of the CalWORKs program unless specifically superseded by RCA regulations. The eligibility criteria for ECA and TCVAP Cash Assistance states benefits shall be the same as those for RCA, with certain exceptions. These CalWORKs regulations regarding the treatment of CalKIDS accounts and funds also apply to RCA, ECA, and TCVAP recipients.

CalKIDS accounts are not counted as a resource for SSI/SSP or CAPI because they are owned by the state.  Distributions that are used for educational expenses of the designated beneficiary are excluded as a resource in the month received, and if retained beyond the month of receipt, they are excluded for 9 months beginning with the month of receipt. However, since the funds will be distributed directly to the higher education institutions on behalf of the participants to pay for qualifying higher education expenses and not retained by the beneficiary, the distributions will likewise not be considered a resource to the beneficiary.  (ACL 22-79, October 4, 2022.)