Disaster Unemployment Insurance for Los Angeles wildfires

Disaster Unemployment Assistance (DUA) is now available for workers and self-employed persons impacted by the Los Angeles wildfires who do not qualify for regular Unemployment Insurance.

People are eligible for DUA if:

  • Worked, or were a business owner or self-employed, or were scheduled to begin work or self-employment, in the disaster area. This includes, and is not limited to, those in agricultural and fishing industries, or
  • Cannot reach their workplace due to the disaster or can no longer work or perform services because of physical damage or destruction to their place of employment as a direct result of the disaster, or
  • Cannot perform work or self-employment due to an injury as a direct result of the disaster, or
  • Became the head of their household due to a death caused by the disaster, or
  • The work or self-employment they can no longer perform must have been their primary source of income.

DUA benefits apply to losses beginning the week of January 12, 2025. Eligible full-time workers can receive between $186 and $450 per week, for up to 26 weeks. Part-time workers may also be eligible for benefits. Eligible individuals who were unemployed as of January 12 can request to have their claim start on that date, even if they apply after January 12. The last payable week of DUA ends July 12, 2025.

People can apply for DUA online through myEDD.  People can also get help at the Disaster Recovery Centers.  Impacted workers should check the box on the application that asks if their unemployment is a direct result of a recent disaster. EDD will check if the applicant is eligible for regular unemployment benefits before processing the claim for DUA benefits. Applicants may get a letter stating that they are regular unemployment while EDD processes their DUA claim.

DUA claims must be filed by March 10, 2025 unless the individual has good cause for late filing.  All required documentation must be submitted within 21 days of filing the application, including most recent federal tax return or pay stubs, or other documentation supporting that the applicant was working or self-employed when the disaster happened.  (EDD News Release 25-04, January 14, 2025.)

Continuation of Social Security Disability or SSI benefits after age 18

In general, Social Security Disability or SSI benefits stop if a minor who is receiving benefits is found to no longer be disabled after a redetermination based on the adult disability standard at age 18.  However, benefits can continue for minors who turn 18 but are found not to meet the adult disability standard if they are participating in an appropriate vocational rehabilitation program or similar service that began before the month disability ended, participation in the program will likely result in no longer receiving disability benefits.

Examples of appropriate programs include an Individual Education Plan for age 18 to 21, a vocational rehabilitation program that uses an individualized plan for employment, supportive services that use an individualized written employment plan, a written service plan with a school under Section 504 of the Rehabilitation Act, or an approved Plan to Achieve Self Support (PASS). (Social Security Dear Colleague Letter October 30, 2024.)

Posted in SSI

Updated Social Security collateral estoppel guidance

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.)

Posted in SSI

CalWORKs eligibility for citizens of Compact of Free Association states

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.)