Author: Stephen Goldberg

CAPI requirement to apply for SSI

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To be eligible for the Cash Assistance Program for Immigrants (CAPI), an individual must be ineligible for Supplemental Security Income (SSI) solely because of their immigration status.  To remain eligible for CAPI, the recipient’s eligibility for SSI must be redetermined every 12 months.

Noncitizens who meet the definition of “qualified alien” for SSI must be referred to the Social Security Administration to apply for SSI annually.  As of March 9, 2024, “qualified alien” includes citizens of the Compact of Free Association states.  This also includes victims of human trafficking who have received a certification letter from the federal Office of Refugee Resettlement.

When the county determines that a CAPI applicant or recipient is not a “qualified alien” they must not be referred to the Social Security Administration to apply for SSI.  This includes U Visa applicants or holders, asylum seekers, or another PRUCOL status.  Counties must investigate a CAPI applicant or recipient’s immigration status prior to referring them to apply for SSI.

A CAPI applicant or recipient who does not apply for SSI within 30 days of being told to do so by the county is not eligible for CAPI unless they have good cause for not applying for SSI.  In this circumstance, counties must complete the SSI application with the Social Security Administration, if possible, or must otherwise initiate the SSI application process.

The California Department of Social Services states several ways that CAPI applicants or recipients can verify that they have are ineligible for SSI or have applied for SSI.

When a CAPI recipient naturalizes, they are no longer eligible for CAPI.  However, CAPI can conditionally continue for recipients who naturalize while receiving benefits, as long as they remain otherwise eligible, request conditional benefits, apply for SSI, and cooperate with the Social Security Administration.  (ACIN I-13-25, March 18, 2025.)

Social Security restarting debt collection by Treasury Offset Program

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Effective immediately, the Social Security Administration (SSA) has restarted debt collecting using the Treasury Offset Program (TOP) for debts that accrued before March, 2020.  TOP is operated by the Department of the Treasury.  It intercepts federal payments to pay federal debts, including debts owed to the Social Security Administration.  TOP was suspended because of COVID-19.

The Social Security Administrative estimates that 280,000 people will be subject to collection through TOP.  (Social Security Matters, March 20, 2025.)

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Social Security identity verification

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Effective March 31, 2025, the Social Security Administration (SSA) will require identity verification either online or in person.  Individuals will be able to verify their identity in ther mySocialSecurity account.  Individuals who are unable to do that will need to verify their identity in person at a Social Security office.

People who cannot start their claims online will be able to start their claims by telephone, but the claim will not be completed until the person does in person identity verification.

Social Security will also complete changes to direct deposit in one day.  (Social Security Matters, March 18, 2025.)

UPDATE:

The effective date of the identity verification requirement is now April 14, 2025.  Medicare, Social Security Disability and Supplemental Security Income will be exempt from the in-person identity verification requirement.  Individuals applying for those programs who cannot use a personal mySocialSecurity account will be able to complete their applications by telephone without needing to come to an office in person.

Individuals applying for retirement, survivors or auxiliary benefits who cannot use mySocialSecurity to verify their identity will need to come to an office in person.  Social Security will not enforce this requirement in extreme dire-need situation such as terminal illness or prisoner pre-release.

Individuals who do not or cannot use mySocialSecurity to change their direct deposit information will need to come to a Social Security office in person to process that change.  (Social Security Press Release, March 26, 2025.)

 

 

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CalFresh and CalWORKs electronically reported information

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The California Department of Social Services has clarified requirements about how the County Welfare Departments (CWDs) will accept information for participants of CalWORKs and CalFresh electronically.  Electronically submitted information can include reporting changes, submitting verification, and other information that might affect the participants’ case.

CWDs must accept and process all information submitted by participants by e-mail, fax or the BenefitsCal Portal, even if that information is sent fby email to individual staff, general, shared or unencrypted. CWDs will not be cited in error for confidentiality if the participant has sent an unencrypted email. While all of these will be acceptable forms of information, CDSS says submitting by email may lead to some operational challenges and encourages participants to submit information via the BenefitsCal Portal. Making a BenefitsCal account is encouraged but information may be submitted anonymously without an account. (ACIN I-01-25, January 29, 2025.)

 

Social Security overpayment default withholding

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The Social Security Administration (SSA) will increase the default overpayment withholding rate for collection of Social Security overpayments to 100 percent of a person’s monthly benefit effective March 27, 2025.  The increase will apply to overpayments of Social Security benefits established on or after March 27, 2025. People can contact Social Security to request a lower repayment rate.  This reverses a Biden-administration policy about the default rate of withholding for overpayment collection, summarized here.

People continue to have the right to appeal overpayment determinations.  People can also request waiver of the overpayment.  Social Security will not pursue recovery while an initial appeal or a waiver request is pending.  (Press Release, March 7, 2025.)

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CalWORKs case processing during disasters

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The California Department of Social Services (CDSS) has issued a reminder about policy for processing CalWORKs cases for victims and evacuees of state and/or federally declared disasters.

For disaster evacuees who apply for CalWORKs, if the applicant and the county make a good faith effort to obtain verification and are unable to do so, including identity, time on aid, and CalWORKs eligibility factors, the county must accept the evacuee’s statements signed under penalty of perjury in lieu of verification.  These families must comply with regular verification rules as soon as practicable.  Counties must inform families that they can get help from the county if they need help in getting verification.

When an evacuee applies for CalWORKs, counties must establish that the evacuee was living in a county designated as a federal disaster and/or state-declared emergency zone and ask if the evacuee or anyone else in their family is receiving CalWORKs from that county or another disaster county.

CalWORKs recipients may be eligible for nonrecurring special needs payments because of emergencies from the fires, such as damage to or loss of shelter or belongings. Nonrecurring special needs funds can be used to repair or replace clothing or household equipment, to provide assistance for damage to the home, or to pay for interim shelter when the AU’s home was destroyed or made uninhabitable or inaccessible. The maximum nonrecurring special needs payment is $600 for each individual incident.

Disaster assistance from federal, state or local government or disaster assistance organizations is excluded from consideration as income.

For CalWORKs applicants, diversion may be available to address their specific crisis or item of need. Applicants in an emergency should be evaluated for Immediate Need Payments.

A written statement from the applicant is sufficient to establish intent to establish residency in California and in the county of application for the foreseeable future. Receipt of benefits at an address outside of California for two months or longer is not apparent evidence of intent to reside outside of California when return to California is prevented by a disaster.

For income, it is expected that some evacuees will no longer have reasonably anticipated income because of the disaster. For property and resources, counties must consider the applicant’s ability to access, occupy or sell their property at the time of application because of the disaster.  Federal disaster and emergency assistance, and comparable state, local and private disaster assistance payments, are excluded from being considered either income or resources.

For families temporarily separated because of the disaster, a family member is considered temporary absent if they expect to reunite within one full calendar month. CalWORKs recipients can maintain a home in a different county than the county they are physically residing in if they intend to return to that home within four months.

Most evacuated families will not be able to participate in welfare-to-work activities. Counties should make a good cause determination for evacuated families for nonparticipation in welfare-to-work activities. Counties should also determine if an applicant needs barrier removal services such as mental health services or housing stabilization program services and provide these services as expeditiously as possible.

Counties must maintain the ability for families to apply for Homeless Assistance benefits during normal business hours.  Temporary Homeless Assistance must be issued or denied within the same working day as the request.  Permanent Homeless Assistance must be approved or denied within one business day.

Homeless Assistance can be issued in one lump sum payment for 16 days when homelessness is caused by a declared disaster.  Temporary and permanent Homeless Assistance is not limited to once every 12 months when the cause of homelessness is a disaster.  Counties may accept sworn statements of how homeless assistance money is spent, or counties can grant good cause for not providing paper verification such as motel receipts.  Homeless Assistance applications are not required to be made in person or to include a face-to-face interview.  Counties can complete the homeless assistance Statement of Facts on behalf of the family and accept electronic signature or oral attestation.

The CalWORKs Housing Support Program can provide interim housing, including hotels and motels, for disaster evacuees.  CDSS does not limit the number of days the Housing Support Program can cover hotels or motels.

Counties must notify CDSS when they will be closed during normal business hours.  CDSS asks counties to report closures because of a disaster to CDSS as soon as it is safe to do so.  (ACWDL, February 24, 2025.)