Updated Social Security collateral estoppel guidance

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The Social Security Administration has issued an updated POMS about collateral estoppel and disability claims.  Collateral estoppel can apply when an individual receiving Social Security or SSI files a disability claim under a different title or for a different benefit under the same title. Collateral estoppel requires the Social Security administration to adopt a prior disability finding without needing to develop a new medical claims when:

  1. The prior claim was for the same time period as the new application
  2. Both the prior claim and the new claim apply the same definition of disability
  3. Social Security has not made an intervening medical determination or decision finding that disability has ceased
  4. The claimant has not engaged in substantial gainful activity since the prior onset date
  5. The prior onset date is on or before the nonmedical requirements for the new claim are met
  6. The prior favorable decision is not in terminated status
  7. Social Security does not have reason to believe the prior determination or decision was wrong.

If the prior claim is in suspense status when the new claim is filed, Social Security will try to resolve the suspense issue.  If the suspense issue cannot be resolved when processing the new claim, Social Security will apply collateral estoppel if the suspense issue does not result in denial of the new claim.

The prior favorable disability determination is adopted even if a continuing disability review is pending for the prior claim.  (Social Security Dear Colleague Letter, July 16, 2024 and POMS DI 11011.001.)

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CalWORKs eligibility for citizens of Compact of Free Association states

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The California Department of Social Services (CDSS) has provided guidance regarding CalWORKs eligibility for citizens of the Compact of Free Association (COFA) states of Micronesia, Palau and the Marshall Islands.

Effective March 9, 2024, federal law changed to make citizens of the Compact of Free Association states of Micronesia, Palau and the Marshall Islands qualified immigrants who are eligible for certain federal benefits including federal Temporary Assistance to Needy Families benefits.  The new also exempts these families from the five-year residency requirement to be eligible for benefits.

This change in federal law means that COFA citizens are eligible for CalWORKs.  COFA citizens who applied for CalWORKs on or after March 9, 2024 and were denied because of their immigration status may reapply for CalWORKs.  In processing these applications, counties must check for earlier applications, and if located use the earlier application date for the beginning date of aid.

People who applied on or after March 9, 2024 can ask for an administrative hearing within 90 days of the date of the denial.  If the county determines that the household was eligible for CalWORKs at the time of application, the county must issue retroactive benefits back to the date of application.

CDSS encourages counties to reconnect with COFA citizens who were denied CalWORKs after March 9, 2024.

Counties must verify the immigration status of COFA citizens using the federal SAVE system and the I-94 documentation with the admission stamp.

COFA citizens may also be eligible for Refugee Cash Assistance or Entrant Cash Assistance.  (ACL 24-95, December 16, 2024.)

Update about EBT card mass replacement with chip/tap card

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The California Department of Social Services (CDSS) issued an update about the replacement of current EBT cards with chip/tap cards.  This is an update to ACWDL June 6, 2022, summarized here.

Replacement of county administrative equipment was completed in Summer, 2024.  Mass replacement of all current EBT cards with chip/tap cards is expected to begin in early 2025.

The new cards will be mailed in three phases.  The first phase will be combined CalWORKs and CalFresh cases, GA, RCA, TCVAP, CAPI and LIHEAP.

SunBucks and Women, Infants and Children benefits will not be moved to the new chip/tap cards.

Counties must continue to order the current magnetic stripe cards and equipment to ensure that they remain fully stocked until chip/tap cards are deployed.

Prior to mass mailing of the chip/tap cards, counties will get a list of unhoused cardholders who have their mailing address listed as the county welfare department.  The list is intended to support triage for those clients.

During either the Semi-Annual Report or Recertification/Redetermination interview, county workers should tell cardholders to promptly activate their new cards.  One successful transaction with the new card will deactivate the old card.

Cardholders will have 180 days after issuance of the chip/tap card to activate it before the old card becomes unusable.  (ACWDL December 19, 2024.)

Voluntary relinquishment of juvenile dependent and non-dependent children

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The California Department of Social Services (CDSS) has released questions and answers about voluntary relinquishment of juvenile dependent and non-dependent children.  Voluntary relinquishment is when the birth/legal parents voluntarily turn over care, custody, and control of their child to the county or agency.  

The Resource Family Approval process can be used for voluntarily relinquishments.  This means that if the family accepting a child through voluntary relinquishment is Resource Family Approval approved, including assessment for Parent-Child Suitability, that family is eligible for foster care benefits.

For children who are already in the dependency process, the Court will decide whether to accept the voluntary relinquishment.

CDSS identifies forms for the relinquishing parent, including when the parent is located outside of California, for the Statement of Understanding for the parent, with different forms for when the child is already dependent, or when the child is non-dependent.  (ACIN I-43-24, September 17, 2024.)