Author: Stephen Goldberg

Resuming work search requirement for Unemployment Insurance

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The Employment Development Department (EDD) is resuming the work search requirement for Unemployment Insurance starting July 11, 2021.  EDD will be sending notices to claimants to inform them that the work search requirement will be reinstated.

For Unemployment Insurance, reasonable efforts to search for suitable work will include preparing for job searches such as setting up an account on CalJOBS, expanding networks, applying for suitable work and participating in training.

For Pandemic Unemployment Assistance, the work search requirement can include rebuilding businesses, expanding networks, establishing accounts on platforms to advertise services, and participating in training.  Persons receiving Pandemic Unemployment Assistance who no longer want to continue self-employment, or were previously employed but not eligible for regular Unemployment Insurance benefits, can search for work like a regular Unemployment Insurance recipient.

If an employer furloughed or laid off workers during the pandemic, the Work Sharing Program can help bring these employees back at reduced hours. These employees can continue collecting the additional $300 per week in federal unemployment benefits, and a portion of their wages will be subsidized by the regular unemployment insurance benefits.  (EDD News Release 21-36, June 17, 2021.)

COVID-19 – extension of temporary emergency childcare services

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This California Department of Education has provided updated guidance on the extension of temporary Emergency Childcare services.  This guidance replaces Management Bulletin 20-14.  

Families currently enrolled in Emergency Childcare through California Alternative Payment Programs (CAPP) and California Migrant Alternative Payment Programs (CMAP) may have service extended through June 30, 2022. This extension does not require updated documentation. CAPP and CMAP can enroll new families for Emergency Childcare after all families who are currently enrolled have received an extension of services, and if they meet the eligibility requirements as specified in the Child Care and Development Services Act, Education Code section 8200. They will be enrolled in priority order, and eligibility will be determined with a self-certification process.

Families enrolled in emergency childcare must be assessed a family fee using the Fiscal Year 2020-21 Family Fee Schedule unless they are exempt from fees.  A monthly family fee is implemented based on several factors in the MB. Families who receive Child Protective Services or have been identified as at risk of abuse or neglect will be exempt from fees.

All eligible families enrolled in emergency childcare have priority for subsidized child care. Families transitioning to ongoing child care services are eligible for 12 months from ongoing child care certification. Contractors will give a letter or Notice of Action to notify families of their extended child care. They must also give families a written 30 day notice of discontinuation of child care.

Contractors will not be responsible for verifying self-certification forms or eligibility. At-risk families and families with essential workers are eligible for emergency childcare if they meet all of the requirements in the MB. (MB 21-08, April 29, 2021.)

Increase in CalWORKs resource limit

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Effective July 1, 2021, the maximum resource limit will increase by 2.11 percent to $10,211 for the CalWORKs, Refugee Cash Assistance, Entrant Cash Assistance, and Trafficking and Crime Victims Assistance Program. The new resource limit for Assistance Units that include at least one member who is aged 60 or older or disabled is $15,317. Subsequent increases to the resource limit will occur every January 1, beginning in 2023, if there is an increase to the California Necessities Index.  Restricted account rules will remain unchanged. (ACL 21-56, May 18, 2021.)

COVID-19 extension of emergency caregiver funding and foster care rate flexibilities

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Emergency caregivers with whom a child has been placed pending approval of the home as a Resource Family or Tribally Approved Home are eligible for emergency caregiver funding on behalf of the child for up to 120 days while the application is being processed.  On a case-by-case bases, emergency caregiver funding can be extended up to 365 days.  Effective April 16, 2021, through June 30, 2021, emergency caregiver funding can continue beyond 365 days because of delays in approval as a Resource Family or Tribally Approved home caused by COVID-19.  Between April 16, 2021 and June 30, 2021, counties cannot discontinue emergency care funding if approval exceeds 365 days because of COVID-19.

The California Department of Social Services has authorized a higher payment rate because of COVID-19 between April 17, 2021 and June 30, 2021.  The higher rate is available which the child or another member of the household requires isolation or quarantine because of COVID-19, and as a result there are increased supervision needs, or the child requires a new placement because of COVID-19.  The higher rate is available to emergency caregivers.

COVID-19 has impacted capacity for Short-Term Residential Therapeutic Program placements.  If COVID-19 has impacted the ability to received Short-Term Residential Therapeutic Program level of care, counties can negotiate a higher rate with Family Foster Agencies who are willing to accept a child assessed as needing short-term residential therapeutic program level of care and is able to provide individualized exceptional care, supervision, and services.  (ACL 21-60, May 21, 2021.)

Social Security Disability evaluation of COVID-19

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The Social Security Administration (SSA) has issued policy guidance for evaluating adult disability cases that involve a diagnosis of COVID-19.

SSA needs objective evidence from an acceptable medical source to establish the existence of a medically determinable impairment for COVID-19, including long terms effects of COVID-19.

If a person as a medically determinable impairment of COVID-19, SSA must determine if the impairment is severe, and has lasted or is expected to last at least 12 months.  SSA will not combine two unrelated medically determinable impairments to meet the 12 month requirement.  However, if COVID-19 causes a new medically determinable impairment, or worsens an existing medically determinable impairment, SSA will consider there medically determinable impairments to be related.

If a person recovers from COVID-19 with no residual symptoms, limitations or restrictions, COVID-19 will not meet the duration requirement.  However, symptoms associated with COVID-19 that last for months or longer after recovery may meet the 12 month requirement when a person has long-term effects of COVID-19, one or more new medically determinable impairments caused by COVID-19, or any existing medically determinable impairment worsens because of COVID-19.  SSA may need to project the severity if it is unclear whether the medically determinable impairment will resolve.

Issues related to the COVID-19 pandemic, including eviction, medical facility closure, quarantine, job loss and insurance loss, may affect the ability to seek treatment.  SSA should consider whether lack of treatment is because of these issues.

COVID-19 by itself cannot meet a listing but it may equal a listing as an unlisted impairment or as part of a combination of impairments.  COVID-19 may affect respiratory, cardiovascular, renal, neurological, or other body symptoms.  In most cases, the listing relevant to a new medically determinable impairment caused by COVID-19 or any medically determinable impairment that has worsened because of COVID-19 will be the appropriate listing to consider.

COVID-19 cannot be medically equivalent to Listing 3.14, respiratory failure, because an infection cannot be a chronic impairment for purposes of that listing.

When determining residual functional capacity, SSA will consider functional limitations from any new medically determinable impairment caused by COVID-19, or any medically determinable impairment that have worsened because of COVID-19.  (EM 21032, April 16, 2021.)