Author: Stephen Goldberg

End of Homeless Assistance eligibility because of COVID-19

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The California Department of Social Service (CDSS) has informed counties of the end of CalWORKs Homeless Assistance (HA) eligibility because of COVID-19. In general, families can only receive HA once per year.  However, there is an exception to the once per year limitation because of a disaster.  Effective May 12, 2023, families can no longer receive HA under the disaster exception when homelessness is because of COVID-19.  Families may still be eligible for an HA exception for medically verified mental of physical disability because of COVID.

Going forward, HA applications do not need to be made in person or include a face-to-face interview.  Counties can complete the HA application and have the client sign it electronically.

Counties can continue to accept sworn statements or verbal attestations that HA benefits were properly spent or housing search was done.  Counties can also grant good cause for not providing paper verification.

Counties can record a verbal attestation for the homeless assistance application form when the county cannot get a written or electronic signature.  Counties that cannot record verbal attestation can enter a journal not stating the attestation.

For clients on vendor payments because of fraud or mismanagement, counties can issue HA benefits directly to the EBT card when there is no feasible way to issue a vendor payment.  (ACL 23-56, June 26, 2023.)

Disaster CalFresh for Hoopa Valley Indian Reservation June 2023

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The California Department of Social Services has issued guidance and information regarding implementation of Disaster CalFresh for the Hoopa Valley Indian Reservation in Humboldt County.

Disaster CalFresh provides one month of temporary food assistance to households affected by natural disasters who were not already receiving CalFresh.

To be eligible for Disaster CalFresh, a household must have:

1) lived or worked in the disaster impacted county at the time of the disaster;

2) Purchased or planned to purchase food during the benefits period, which is February 14, 2023 through March 15, 2023;

3) Experienced an adverse effects because of the disaster, such as food loss, loss of income, inaccessible resources, or disaster-related expenses;

4) Meet the Disaster Gross Income Limit.  To be eligible, the household’s income received plus accessible liquid resources, minus disaster related expenses, must be less than the Disaster Gross Income Limit.

Households that received CalFresh in February 2023 are not eligible because they already received a minimum of $95 via Emergency Allotments for the February 2023 benefit month.

A Disaster CalFresh household includes people who lived and purchased and prepared food together on the start date of the disaster. A Disaster CalFresh household does not include people who the applicant is temporarily staying with at the time of application due to the disaster. A Disaster CalFresh household may include people who had been excluded from an ongoing CalFresh household at the time of the disaster.

Disaster CalFresh requires verification of 1) Identity; 2. Residency and loss/inaccessibility of income or liquid resources, if possible; and 3. Household composition and food loss, when questionable.

While identity verification is required, a specific type of documentary proof is not Acceptable identity verification may include, but is not limited to, a driver’s license, a work or school identification card, an identification card for health benefits, a voter registration card, a foreign passport, and “matricula consulares.”

A social security number is not required to apply for D-CalFresh.

To the extent possible, verification of residency should be satisfied via information from other sources, such as a rent or mortgage billing statement, utility billing statement, and identity documents. No specific type of documentary proof is required.

Counties should assist households in obtaining necessary verification. This includes, with the client’s permission, verifying information through alternative sources such as online banking or utility accounts, and using collateral contacts.

Certified households must be able to access benefits within 72 hours of application, which begins to run on the day of the interview.

Authorized representatives may assist with Disaster CalFresh applications following the same policy as for regular CalFresh.

The Disaster CalFresh application for the Hoopa Valley Indian Reservation is June 20, 2023 through June 23, 2023, and June 26, 2023 through June 28, 2023.  Applicants can pre-register beginning on June 17, 2023.  Pre-registration will allow households to apply for D-CalFresh beginning on June 17, 2023, and to submit required D-CalFresh verifications via online portals. Counties may take up to 24 hours to initiate a telephone call to households who preregister to complete a phone interview during the application period based on the order in which their pre-registration was received.

The filing date is the day that the interview is completed and not the day that county receives the application.  Applicants must complete the CF 385 form and submit it during the application period.  Applications can be submitted by phone, online or in person. When accepting Disaster CalFresh applications by phone, verbal attestation is acceptable. Applicants who submit the application and verification online will be called for an interview within 24 hours.  If an online application does not have a phone number, the county must send the applicant a reminder notice to complete the interview no later than July 5, 2023.

Disaster CalFresh interviews should be done in-person when possible, but they can be done by phone.  (ACWDL, June 16, 2023.)

Disaster CalFresh for Butte County June 2023

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The California Department of Social Services has issued guidance and information regarding implementation of Disaster CalFresh for Butte County.

Disaster CalFresh provides one month of temporary food assistance to households affected by natural disasters who were not already receiving CalFresh.

To be eligible for Disaster CalFresh, a household must have:

1) lived or worked in the disaster impacted county at the time of the disaster;

2) Purchased or planned to purchase food during the benefits period, which is February 21, 2023 through March 22, 2023;

3) Experienced an adverse effects because of the disaster, such as food loss, loss of income, inaccessible resources, or disaster-related expenses;

4) Meet the Disaster Gross Income Limit.  To be eligible, the household’s income received plus accessible liquid resources, minus disaster related expenses, must be less than the Disaster Gross Income Limit.

Households that received CalFresh in February 2023 are not eligible because they already received a minimum of $95 via Emergency Allotments for the February 2023 benefit month.

A Disaster CalFresh household includes people who lived and purchased and prepared food together on the start date of the disaster. A Disaster CalFresh household does not include people who the applicant is temporarily staying with at the time of application due to the disaster. A Disaster CalFresh household may include people who had been excluded from an ongoing CalFresh household at the time of the disaster.

Disaster CalFresh requires verification of 1) Identity; 2. Residency and loss/inaccessibility of income or liquid resources, if possible; and 3. Household composition and food loss, when questionable.

While identity verification is required, a specific type of documentary proof is not Acceptable identity verification may include, but is not limited to, a driver’s license, a work or school identification card, an identification card for health benefits, a voter registration card, a foreign passport, and “matricula consulares.”

A social security number is not required to apply for D-CalFresh.

To the extent possible, verification of residency should be satisfied via information from other sources, such as a rent or mortgage billing statement, utility billing statement, and identity documents. No specific type of documentary proof is required.

Counties should assist households in obtaining necessary verification. This includes, with the client’s permission, verifying information through alternative sources such as online banking or utility accounts, and using collateral contacts.

Certified households must be able to access benefits within 72 hours of application, which begins to run on the day of the interview.

Authorized representatives may assist with Disaster CalFresh applications following the same policy as for regular CalFresh.

The Disaster CalFresh application for Butte County is June 20, 2023 through June 23, 2023, and June 26, 2023.  Applicants can pre-register beginning on June 17, 2023.  Pre-registration will allow households to apply for D-CalFresh beginning on June 17, 2023, and to submit required D-CalFresh verifications via online portals. Counties may take up to 24 hours to initiate a telephone call to households who preregister to complete a phone interview during the application period based on the order in which their pre-registration was received.

The filing date is the day that the interview is completed and not the day that county receives the application.  Applicants must complete the CF 385 form and submit it during the application period.  Applications can be submitted by phone, online or in person. When accepting Disaster CalFresh applications by phone, verbal attestation is acceptable. Applicants who submit the application and verification online will be called for an interview within 24 hours.  If an online application does not have a phone number, the county must send the applicant a reminder notice to complete the interview no later than June 30, 2023.

Disaster CalFresh interviews should be done in-person when possible, but they can be done by phone.  (ACWDL, June 15, 2023.)

 

Fraud and similar fault evaluation for Social Security claims

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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.)

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Fraud and similar fault redetermination of Social Security claims

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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.)

 

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CalWORKs time limit exemption for indian country residents in areas with over fifty percent unemployment

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The California Department of Social Service (CDSS) has informed County Welfare Departments (CWDs) of Temporary Assistance for Needy Families program updates on whether the Indian Country residents who participate qualify for federal and state time limit exemptions. Individuals are exempt from both CalWORKs and federal TANF time limits when the individual is on aid and lives in Indian Country or in an Alaskan Native Village where at least fifty percent unemployment are exempt from both federal and state time limits. The letter identifies federally recognized tribes that had over fifty percent unemployment in 2022. The exemption also applies to tribal TANF programs.

Individuals who live in these areas qualify for the time limit exemption for specified months. If an individual lives in the exterior boundaries of an Indian reservation that is not listed in the letter as having over fifty percent unemployment, the county or Tribal TANF program can get written documentation from the tribe that the individual lived in an area where unemployment of adults is 50 percent or higher.

CalWORKs applicants and recipients must be informed of all program time limit requirements and of how to request an exemption. Recipients must also be provided with information about their accumulated time on aid at specific intervals. (ACL 23-38, April 27, 2023.)