Author: Stephen Goldberg

Social Security updates listing of available occupations

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Effective June 22, 2024, the Social Security Administration determined that 114 occupations listed in the Dictionary of Occupational Titles are not isolated jobs that can no longer be used to find that a person is not disabled.

Social Security disability determinations use a five step sequential evaluation process: 1) Is the person working or earning less than the defined substantial gainful activity amount? 2) Does the person have a severe impairment? 3) Does the condition meet or equal a listed impairment? 4) Can the person do their past relevant work? 5) Is there any work in the national economy that the person can do?

The rules change is about the fifth step of the sequential evaluation.  Social Security uses the Dictionary of Occupational Titles to determine whether a potential job exists substantial numbers in the national economy.  If Social Security finds that a person can do a job that exists in substantial numbers in the national economy, then Social Security will find them to be not disabled.  Social Security has determined that 114 jobs that are listed in the Dictionary of Occupational Titles no longer exist in the national economy in substantial numbers and therefore cannot be used to support a not disabled determination.

In addition, Social Security identified 13 jobs listed in the Dictionary of Occupational Titles that federal court have questioned.  Social Security is implementing an additional evidence requirement for those 13 jobs for a finding that they do exist in substantial numbers in the national economy.  (Social Security Matters, June 24, 2024, EM-24026, June 22, 2024, and EM-24027, June 22, 2024.)

Posted in SSI

Social Security reduces past relevant work consideration to 5 years

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Effective June 22, 2024, the Social Security Administration has reduced the past relevant work consideration to five years.

Social Security disability determinations use a five step sequential evaluation process: 1) Is the person working or earning less than the defined substantial gainful activity amount? 2) Does the person have a severe impairment? 3) Does the condition meet or equal a listed impairment? 4) Can the person do their past relevant work? 5) Is there any work in the national economy that the person can do?

The rules change is about the fourth step of the sequential evaluation.  Previously, Social Security looked at work for the past 15 years to determine if the person could do past relevant work.  That past relevant work period is now reduced to five years.

In addition, Social Security will no longer consider work that was done for less than 30 calendar days as past relevant work.  (Social Security Matters, June 26, 2024.)

Posted in SSI

Benefits eligibility for citizens of freely associated states

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Effective March 9, 2024, citizens of the Compact of Free Association states of Micronesia, Palau, and the Marshall Islands are eligible for federal Supplemental Nutrition Assistance Program benefits (CalFresh in California).  This population is not subject to a waiting period and is immediately eligible for benefits.

State agencies must verify the immigration status of this population using the Systematic Alien Verification for Entitlements (SAVE) system.

Members of this population who applied for Supplemental Nutrition Assistance Program benefits on or after March 9, 2024 and were denied may reapply to be determined eligible from the date of reapplication.  In addition, people who applied and were denied can request a hearing within 90 days of the denial[1] and if the Administrative Law Judge determines that the household was eligible at the time of application, benefits can be issued retroactive to the date of application.

As a best practice, states should track members of this population who were denied benefits on or after March 9, 2024 and do outreach to encourage them to reapply or request a hearing.

Citizens of the Compact of Free Association states of American Samoa and the Northern Mariana Islands remain ineligible for Supplemental Nutrition Assistance Program benefits.   (FNS Memo, July 12, 2024.)

The California Department of Social Services has now issued a policy that mirrors the FNS memo except that when the date of denial is within 30 days, counties must reopen the application and process it in accordance with the new rules.  (ACL 24-61, August 21, 2024.)

NOTE:  Citizens of the Compact of Free Association states of Micronesia, Palau, and the Marshall Islands are now also eligible for Medicaid.  (P.L. 118-42, Section 209(f)(1).)

[1] In California, that 90 day deadline can be extended to 180 days for good cause, and the 90 time limit does not begin to run if the denial notice does not meet legal requirements.

Benefits extension for Ukranian Humanitarian Parolees

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President Biden’s signing of The Ukraine Security Supplemental Appropriations Act, expanded resettlement assistance provided by The Office of Refugee Resettlement (ORR) to displaced Ukrainians and non-Ukrainians paroled to the U.S. The ORR updated its eligibility criteria and mainstreamed federal benefits for refugees.

The ORR identified 4 categories (A-D) of individuals displaced from Ukraine who are eligible for resettlement assistance and other benefits. Category A includes Ukrainian citizens or nationals paroled into the U.S. by the DHS between February 24, 2022, and September 30, 2024 (extended from September 30, 2023), for humanitarian reasons. Category B includes non-Ukrainian individuals who last habitually resided in Ukraine and who the DHS has paroled into the U.S. between February 24, 2022, and September 30, 2024 (extended from September 30, 2023). Category C includes spouses or children of those in categories A or B who were paroled into the U.S. after September 30, 2023. Category D includes parents, legal guardians, or primary caregivers of unaccompanied refugee minors or children from sections A or B, paroled into the U.S. after September 30, 2023.

Eligible Ukrainian parolees who enter the United States with parole between February 24, 2022 – September 30, 2023, date of eligibility is May 21, 2022, or date of parole whichever is later. For those who enter the United States between October 1, 2023 – September 30, 2024, their date of eligibility is April 24, 2024. These parolees remain eligible for ORR benefits and services until their terms end or they obtain a different status.

UHPs are exempt from their financial supporter’s income being used to determine eligibility for benefits. UHPs who apply for and receive Temporary Protected Status (TPS) remain eligible for ORR benefits. However, if an individual only has TPS they are not eligible for benefits.

To qualify for Refugee Cash Assistance (RCA) UHP’s must meet all eligibility requirements. CWDs must determine eligibility by reviewing immigration documents, the date of humanitarian parole, and other program-specific information. UHP applicants are also exempt from certain types of income and resource requirements. Additionally, UHP are not required to provide SSNs but if they choose to do so, they must be notified that providing it is voluntary along with information on how it will be used.

Eligible UHPs can receive federally funded CalWORKs benefits without the five-year restriction on public benefits and should be evaluated for state-funded assistance if necessary. UHPs should provide proof of SSN application within 30 days of applying for benefits. This requirement can be avoided if the county determines that good cause exists. Applicants are also subject to provisions of the Child Support Enforcement Program but can claim good cause if participation is not in the best interest of the child.

UHPs granted parole between February 24, 2022, and September 30, 2023, became eligible for CalFresh on May 21, 2022. UHPs paroled into the United States between October 1, 2023, and September 30, 2024, become eligible for CalFresh on April 24, 2024, or their date of parole whichever is later. UHPs paroled between October 1, 2023 and April 23, 2024 for the California Food Assistance Program (CFAP) if they have parolee status of one year or more.

UHPs who are aged, blind, or disabled and meet income and resource limits may qualify for SSI/SSP through the SSA. Counties should issue RCA benefits until SSI/SSP benefits are granted.  UHPs who qualify are also exempt from employment services.

CWDs are directed to review all denied applications submitted by potential UHPs on or after April 24, 2024, and determine if they are now eligible per the updated policy. If they are found to meet eligibility the CWD must retroactively provide approval for benefits.  (ACWDL, June 28, 2024.)

 

Language access requirements for Public and Indian Housing programs

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The United States Department of Housing and Urban Development (HUD) has provided guidance for Public Housing Agencies (PHAs) and other Public and Indian Housing (PIH) grantees on ensuring meaningful access to programs for persons with Limited English Proficiency (LEP).

Title VI of the Civil Rights Act of 1964 and Executive Order 13166, require recipients of federal financial assistance to provide meaningful access to their programs for LEPs. LEPs are individuals who do not speak English as their primary language and have limited ability to read, write, speak, or understand English.

HUD recommends PHA’s and PIH grantees conduct a 4-factor analysis, develop a language access plan, and provide appropriate language assistance.

Step 1 of the 4-factor analysis reviews the number of LEP persons served or in the eligible service population. Step 2 assesses the frequency of interaction with the program. Step 3 assesses the importance of the program to LEP persons. Finally, Step 4, assesses the available resources and costs.

Following the four-factor analysis, agencies should develop Language Access Plan (LAP) that includes identifying persons needing assistance, training staff, translating essential documents, providing interpreters for meetings, and engaging in effective outreach to seek input from the LEP community to best revise the action plan.

To provide appropriate language assistance, PHA’s and PIH grantees are advised to identify information that must be translated (for example – eviction notices, security info, emergency plans), develop procedures with staff to identify potential LEP’s and utilize community resources/partnerships to help with language services.

HUD allows the use of program funds for LEP-related activities. PHAs can use Operating Fund program subsidies to facilitate access for LEP persons in public housing. Examples of LEP activities include providing translated relocation notices, and interpretation services during important HUD meetings. Additionally, 10% of Capital Fund grants can be utilized for management improvements and enhancing communication channels for LEP individuals. Examples of LEP activities include upgrading online systems for program participant applications, and allowing recipients to apply in languages other than English.

For the Housing Choice Voucher (HCV) program, administrative fees and unrestricted net positions (UNP) can be allocated to provide language assistance services, including oral briefings, hearings, and software upgrades for non-English applicants. Mainstream Voucher and Emergency Housing Voucher programs additionally allow the use of administrative and service fees for LEP-related activities. PIH grantees should consult the competitive grant Notice of Funding Opportunity and/or Grant Agreement to use of funds is meeting LEP requirements.

The U.S Department of Housing and Urban Development emphasizes the importance of including LEP policies and procedures in publicly accessible materials to ensure compliance in all contracts/subcontracts.  (PIH Notice 2024-04, January 31, 2024.)

Child care family fees schedule

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Every year, the California Department of Social Services (CDSS) must establish a family fee schedule for families who receive subsidized child care.  The family fee Is based on State Median Income.   The family fee is a flat rate based on hours of child care needed, family income, and family size.

Family fees cannot be based on the cost of care or the amount of the subsidy payment.  Family fees cannot exceed one percent of the family’s adjusted income.  Fees accrued but uncollected prior to October 1, 2023 can be forgiven.

The new Family Fee Schedule applies to various CDSS subsidized child care programs.  Family fees can be assessed at initial certification, recertification, or when the family requests a reduction and provides documentation to support that.

Families are exempt from paying families when: the children are at risk of abuse, neglect or exploitation, the children are receiving Child Protective Services, the family is receiving CalWORKs, the family is receiving services for children with special needs, the family is experiencing homelessness (only in pilot counties), and families with income below 75 percent of the state median income.

When the family has fluctuating income, they can provide up to 12 months of income information to determine the family fee.  The family’s adjusted income in that situation is the average income for at least the previous two months.

All families have their family fees reassessed at annual recertification.  The contractor must issue a Notice of Action if the family fee changes.  Family fees cannot be increased for any reason during the eligibility period.

If the new family fee schedule causes a reduction in a family’s fee, the contractor must decrease the fee and send a Notice of Action. (CCB 24-13, July 8, 2024.)