The California Department of Social Services (CDSS) has issued guidance regarding Disaster CalFresh approval for Lassen, Nevada, Placer, Plumas, Tehama and Trinity Counties.  People can apply for Disaster CalFresh from October 18 to 21, and October 25-26.

To be eligible for Disaster CalFresh, a household must have lived or worked in the disaster area at the time of the disaster, purchased or planned to have purchased food during the benefits period, experienced adverse effects because of the disaster, and meet the Disaster CalFresh income guideline. Households are eligible even if they are temporarily residing outside of the disaster county.  Adverse effects include food loss, loss of income, inaccessible resources or incurred disaster-related expenses.

The benefit period for people affected by the Dixie Fire in Lassen, Plumas, and Tehama Counties is July 14, 2021 through August 13, 2021. The benefit period for people affected by the Monument Fire in Trinity County is July 30, 2021 through August 29, 2021. The benefit period for people affected by the River Fire in Nevada and Placer Counties is August 4, 2021 through September 3, 2021.

Interviews should be in person when possible, but interviews for this round of Disaster CalFresh can be by telephone.  For online applicants, counties must make three attempts to reach the applicant for an interview, and provide a reasonable amount of time between each attempt.  The 72-hour period for counties to issue benefits begins when the telephone interview is completed.  All documents can be signed by telephonic signature.

A Disaster CalFresh household includes people who lived together, and purchased and prepared food together, on the start date of the disaster. A Disaster CalFresh household can include individuals who had been excluded from an ongoing CalFresh household at the time of the disaster such as ineligible students.

Disaster CalFresh has three verification requirements: identity, residency and loss or inaccessibility of resources if possible, and household composition and food loss when questionable. Verification of residency should be done from other sources such as a rent or mortgage billing statement, utility billing statement or identity document.  No specific type of documentation is required for verification.  Counties should assist households in obtaining necessary verification.

Authorized Representatives may be used for Disaster CalFresh following the same policy as regular CalFresh.

Ongoing CalFresh households are not eligible for this round of Disaster CalFresh because they are already receiving the maximum allotment for their household size because of the Emergency Allotment.  (ACWDL, October 13, 2021.)

The California Department of Social Services has provided policy guidance regarding extension of the CalFresh Standard Medical Expense Deduction (SMD).  The SMD waiver was scheduled to expire on September 30, 2021 and has been extended to September 30, 2025.

The SMD is a standard $120 per month deduction for households with an elderly and/or disabled member with verified medical expenses of at least $35 per month.  Households with more than $155 per month in verified medical expenses can deduct all expenses from their income.

If a household voluntarily reports and verifies an increase in medical expenses mid-period, and the report of a new or changed medical expense results in an increase in benefits, the change must be effective no later than the first allotment issued 10 days after the date the change was reported.

Failure to verify medical expenses is not a basis to deny or discontinue a case.

Countable medical expenses include the cost of health insurance premiums; co-payments for appointments or prescriptions; acupuncture, chiropractic or herbal treatments; health care supplies and equipment, incontinence supplies; maintaining care attendants, home health aides, homemakers or child care services that are necessary because of age, disability or illness; over the counter drugs, ointments, or other treatments recommended by a licensed health care practitioner (excluding nutritional drinks, other dietary supplements, and medical marijuana); eyeglasses, contact lens solution, hearing aids, batteries, dental care, dentures; costs of public or private car transportation to health care appointments or pharmacies at the federal mileage reimbursement rate; and any paid or outstanding medical bills for which there is no third party reimbursement (a bill can be averaged over the remaining months in the CalFresh certification period or claims in one month, whichever is better for the household).  (ACL 21-117, September 30, 2021; ACL 21-117E, January 11, 2022.)

The California Department of Social Services has issued guidance regarding its compromise policy for households with elderly and/or disabled members.  Counties will compromise Administrative Error (AE) and Inadvertent Household Error (IHE) overissuances for active and inactive households that include at least one elderly and/or disabled household member.  AE and IHE claims for active and inactive households consisting solely of members who are elderly and/or disabled at the time of discovery of the claim will be reduced by 100 percent.  AE and IHE claims for active and inactive households that include at least one elderly and/or disabled household member and only an elderly and/or disabled household member is responsible for the claim will be reduced by 100 percent.  AE and IHE claims for active and inactive households that include at least one household member is elderly and/or disabled and one who is not and the non-elderly or disabled household member is responsible for the claim will be reduced by 50 percent.

The date of discovery is the date the county determined that an overissuance occurred.

For active and inactive cases, counties must use the most recently verified information to determine household composition at the time of discovery.

Household members who become elderly and/or disabled during collection of an overissuance are eligible for reduction.  The household must inform the county and verify their elderly and/or disabled status verified by the county to have their remaining overissuance claim reduced.

Counties are only required to inform households of a reduction if the household’s claim is reduced by 100 percent on an already established claim.  No notice is required if a household’s overissuance is reduced by 100 percent prior to establishment of the claim.  Counties must give notice to households of a 50 percent compromise and of the remaining overissuance balance.

The new policy does not affect claims already in collection.  However, households can request a reduction if they become elderly or disabled after the new policy is in effect.

This compromise policy does not apply to overissuances incurred while waiting for a unsuccessful hearing decision.

This policy is anticipated to become effective in Fall, 2022.  CDSS will issue final guidance when the implementation date is determined.  (ACL 21-118, September 30, 2021.)

UPDATE: Automation of the overissuance compromise policy and revised Notices of Action is expected to be completed by May 1, 2023, which is the final date that the policy can become effective.  (ACL 22-61, July 22, 2022.)

UPDATE: Automation of the overissuance compromise policy and revised Notices of Action is expected to be completed by September 1, 2023.  (ACL 22-61E, April 11, 2023.)