CalFresh / SNAP

CalFresh threshold for overissuance collection

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Federal law allows states to establish a minimum amount of an overissuance of Supplemental Nutrition Assistance Program to collect because collection below that amount is not cost effective.  Based on that authority, effective June 1, 2019, the minimum overissuance amount for establishing CalFresh overissuance claims is increased to $400. The new overissuance threshold does not apply to intentional program violations or overissuances discovered through quality control review. The new policy also does not affect cases where the household is currently receiving benefits because the threshold does not affect collection by CalFresh grant adjustment.  Claims established before June 1, 2019 are not affected by the new overissuance establishment threshold.

Counties must implement a manual process to determine whether to establish a claim on a closed case until automation is developed and implemented.  (ACL 19-50, May 28, 2019.)

Reasonable accommodations in CDSS and DHCS programs

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The California Department of Social Services (CDSS) and the Department of Health Care Services (DHCS) have issued a joint letter reminding counties of their obligation to ensure equal access to persons with disabilities to state and federal funded programs.  This includes providing reasonable accommodations to qualified persons with disabilities and effective communication through auxiliary aids and services.  These obligations apply to all county administered programs, services and activities funded by, or with federal pass-through funds from CDSS and/or DHCS.  These obligations also apply to county contractors and vendors that provide program benefits or services.

Counties must adopt written policies detailing how they will comply with these requirements.  Counties must have a procedure for complaints regarding disability discrimination, including failure to provide a reasonable accommodation.  Counties must inform clients of the county complaint procedure and they may file discrimination complaints with the appropriate state or federal agency.

Title II of the Americans with Disabilities Act (ADA) prohibits counties from excluding from participation, denying benefits or services to, or discriminating against any qualified person with a disability.  A qualified person with a disability is a person with a disability who, with or without accommodation, meets the essential eligibility requirements for the program provided by the public entity.  Disability is a physical or mental impairment that substantially limits one or more major life functions, a record of such an impairment or being regarded as having such an impairment.  California law defines disability more broadly by removing the word “substantially” from the definition of disability, and counties are required to follow California law.  The ADA also guarantees equal access to individuals who have a relationship or association with a disabled person.

The ADA does not require public entities to allow a person with a disability to participate if that person poses a direct threat to health or safety of others.  However, the county must determine whether a person is a direct threat only evaluating whether reasonable accommodations can mitigate or eliminate the risk.  The determination of whether a person poses a direct threat must be made based on objective factual evidence and an individualized assessment.

The ADA requires counties to make reasonable accommodations by modifying their policies, practices, or procedures when necessary to provide equal access to persons with disabilities.   This includes waiving a program rule or policy to help a person with a disability, or a change in the way a county carries out a policy or practice affecting a person with a disability.

Counties must notify all clients of the right to request reasonable accommodations and the protection against discrimination on the basis of disability.

When the county has actual knowledge of a disability or when the need for an accommodation is obvious, county staff must offer to assist with appropriate disability specific accommodations.  Counties are encouraged to train staff to identify disabilities and offer to assist identifying accommodations.

When an individual asks for a change in county policies, practices, or procedures because a disability, this request should be treated as a reasonable accommodation request.  While counties can make a reasonable accommodation request form available, counties cannot require individual to use a specific form for a reasonable accommodation request.   Reasonable accommodation requests can be made in person, by telephone or in writing by the individual or someone acting on the individual’s behalf.  It is not necessary that a person be an authorized representative to request a reasonable accommodation.  There is no limit to the number of accommodation requests a person can make, and each request must be individually evaluated.  Counties cannot impose an arbitrary limit on the duration of a reasonable accommodation.

County staff must document all reasonable accommodation requests and subsequent county actions in the individual’s case file.

If an accommodation is not immediately agreed upon, or if there is a disagreement about the appropriateness of a requested accommodation, county staff must engage in an interactive process with the individual requesting the accommodation or a person acting on their behalf.

A county can deny a reasonable accommodation request only when the accommodation would  fundamentally alter the nature of the program, service or activity, or would impose an undue financial or administrative burden taking into account all resources available to the program, service or activity.  The determination that an accommodation request would be a fundamental alternation or an undue burden must be made by the county welfare department director or designee and must be accompanied by a written statement of the reason for the decision.  If such a decision is made, the county must take alternative action to ensure that the person with a disability can access relevant benefits or services while avoiding a fundamental alteration or undue burden.

Counties cannot impose eligibility criteria that exclude or tend to screen out individuals with disabilities unless such criteria are shown to be necessary for the operation of the program.  Counties must provide programs, activities and services in the most integrated manner possible.  Counties cannot change individuals with disabilities for the cost of reasonable accommodations.

Counties must ensure effective communication with individuals who have vision, hearing or speech disabilities.   Communication with these individuals must be equally effective as communication with people who do not have these disabilities.  This requirement extends to companions of applicants or recipients.  For persons who are blind, have vision loss, or are deaf-blind, this requirement includes providing individuals with disabilities with auxiliary aids and services when necessary to communicate effectively. This can include providing written communication in large print, braille, accessible electronic format for use with a screen reader or via audio recording or a qualified reader.  For persons who are deaf, have hearing loss, or are deaf-blind, this requirement also includes providing a note taker, qualified sign language, oral, cued-speech or tactile interpreter, real-time captioning, telecommunication devices, or written materials.  For persons who have speech disabilities, this requirement includes providing a qualified transliterator.  Counties cannot require persons with communication disabilities to provide their own interpreter.  Counties may allow another adult accompanying an individual with a disability to interpret only in emergency situations or when requested by the persons with a disability.  Counties cannot rely on minors to interpret except in emergency situations when no other interpreter is available.

If counties choose to use Video Remote Interpreting, the service must meet specific technical performance standards.

Counties must consider how the individual normally communicates and must give primary consideration to a request for a particular auxiliary aid or service.

Counties must modify their policies, practices and procedures to allow individual with disabilities to use service animals on their premises.  Counties may not require certification or other proof that an animal has been trained or licensed as a service animal.  When it is not obvious what service an animal performs, county staff may only ask if the animal is required because of a disability and what work or tasks the animal is trained to perform.  (ACL 19-45, May 16, 2019.)

CalFresh treatment of income from gig economy

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The California Department of Social Services (CDSS) has issued clarification about how CalFresh handles income from the gig economy.  Gig economy jobs are short-term jobs coordinated by a third party online tools such as Uber, Lyft or DoorDash.  CDSS states that gigs are paid on a per task basis by the third party is working as an independent contractor which means that CalFresh self-employment income rules apply.

In determining self-employment income, counties must only consider income and expenses that have been verified.  CalFresh recipients must provide verification of the gross amount of their self-employment earnings to the county.  When verifying income, CalFresh recipients must be careful that direct deposit pay stubs may not reflect income prior to deductions taken by the third party.

Both the gross and net income are used when determining CalFresh eligibility and amount of benefits.  In determining gross income, recipients are entitled to an income deduction for self-employment of wither the actual costs of producing self-employment income or 40% of the gross amount earned.  In the gig economy, these costs can include commissions, application fees, gas, car washes, tolls, uniforms and cell phone costs.  Deductible costs do not include net losses from previous periods, taxes, money set aside for retirement, other work related personal expenses such as transportation to and from work, and depreciation.

Recipients may choose only one deduction type, and that method can only be changed recertification or every six months, whichever is earlier.

All other procedures for determining gross and net income apply to income from the gig economy.  (ACIN I-31-19, May 9, 2019.)

CalFresh joint application processing with Social Security Administration

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The California Department of Social Services (CDSS) has provided guidance about joint processing of CalFresh applications by the Social Security Administration (SSA) and county welfare departments for SSI recipients.

SSI recipients will be eligible for CalFresh beginning June 1, 2019.  Households that include only SSI recipients may apply for CalFresh at a SSA office.  SSA must inform SSI applicants or recipients of their right to apply for CalFresh at the SSA office or their right to apply at the county welfare department whenever a member of a household consisting of only SSI applicants or recipients conducts business with SSA. SSA will not assist households with both SSI and non-SSI members.

SSA will screen all households for CalFresh eligibility.  Based on the screening, SSA must give the household the opportunity to apply for CalFresh.  If a household with only SSI applicants or recipients agrees, SSA will assist the household in submitting and completing a CalFresh application.  These household may also complete their annual recertification at the SSA office.

SSA can use the GetCalFresh.org online application starting June 1, 2019.  If the application is submitted using GetCalFresh.org, the county must not require an additional signature from the household.  If a household wants to submit a paper application, SSA will assist the household in completing the written application and will submit it to the county within one business day of receipt of the signed application.

For either type of application, SSA then will provide the following information to the household in writing: 1) contact information for the county; 2) remaining actions to be taken to complete the application; 3) a statement that the household should be notified of their CalFresh eligibility determination within 30 days; 4) the household’s rights and responsibilities; and 5) information about how to get an EBT card.

The expedited service timeframe will begin the date the county receives the application.  SSA will prescreen the application for entitlement to expedited service.

If the household chooses to apply with the county, SSA will inform the household of their option to apply online or take the paper application to the county.

Households in which all members receive or are authorized to receive SSI are categorically eligible for CalFresh unless the entire household is institutionalized or disqualified from receiving CalFresh.  In determining categorical eligibility, the county must verify that each member of the household receives or is authorized to receive SSI.  For persons who are categorically eligible, no additional verification is needed for resources, gross and net income, social security number, sponsored immigrant information, and residency.  Although identity must be verified, verification of identity in MEDS is sufficient and counties must check MEDS prior to requesting verification of identity.  Counties can verify SSI benefits through the State Data Exchange or the Beneficiary Data Exchange.

Households whose applications are processed using SSA joint processing will not be required to go to a county welfare department office or otherwise be subject to a county interview.  The county will not contact the household to obtain information unless the application is improperly completed, mandatory verification is missing or the county determines that information in the application is questionable.  Counties may contact the household to determine whether the household has expenses which can be deducted from income including shelter and medical expenses.

Counties must certify households processed under SSA joint processing for 24 months because all members of the household will be elderly or disabled.  If the household has no earned income, certification will be for 36 months under the Elderly Simplified Application Project.  (ACL 19-44, May 9, 2019.)

CalFresh and CalWORKs electronic notices

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The California Department of Social Services (CDSS) had a waiver from the federal government authorizing e-notices.  CDSS implemented e-notices for CalWORKs using the same rules as CalFresh.  Now the federal government no longer requires a waiver for and has made e-notices a state option for CalFresh. (See United States Department of Agriculture AN 18-05.)

California will continue to use the same rules for e-notices that are in ACL 13-61.  E-notices continue to be a county option.  However, for counties to use e-notices, the county must: 1) not include identifying information in text messages; 2) receive household consent to send e-notices and establish security protocols to protect confidential client information sent electronically; 3) provide an initial email and paper notice confirming that the household as opted-in to e-notices; 4) provide e-notices through a secure online portal; 5) send an email when a new e-notice is available; 6) ensure that every e-notice has the same information as the corresponding paper notice; 7) not send state hearings or treasury offset notices by e-notice; 8) allow opt-out of e-notice at any time; 9) document when an e-notice is returned and then communicate with the household by paper notice; and 10) ensure that all e-notices are available to quality control reviewers.

Counties must provide paper copies of all notices to clients on request.

The types of notices that can be send electronically include notice of missed interview, notice of denial, notice of required verification, notice of approval, notice of expired certification, notice of change to benefits and overpayment or overissuance notices.

Households must be informed of the option to receive e-notices at application and recertification.

Counties can now send text messages to inform clients of the availability of a new e-notice.  A text messages must be send in conjunction with an email informing the client that an e-notice is available.  The text message sends a link to a secure online portal.

Counties must still comply with regulations regarding timeframes for notices and information.  For CalWORKs, counties must still attempt personal contact prior to terminating benefits for not submitting a semi-annual report or annual recertification and note that attempt in the case file.

For CalWORKs time on aid and welfare-to-work notices, each adult in the assistance unit must consent to receive notices electronically.  For other notices, the caretaker relative must consent.  (ACL 19-39, May 3, 2019.)

CalFresh treatment of nonrecurring lump sum income

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The California Department of Social Services (CDSS) has issued clarification regarding treatment of nonrecurring lump sum income for the purpose of determining CalFresh eligibility.  Nonrecurring lump sum payments are excluded from the household’s income.  Such payments include lump sum Social Security disability, retirement or survivors benefits, lump sum Supplemental Security Income benefits, income tax refunds or lump sum insurance settlement payments.  The nonrecurring lump sum payment is considered a resource in the month received.

Most CalFresh households are not required to meet the resource limit because of modified categorical eligibility.  For the households that are subject to the resource limit, such as elderly and disabled households with income above 200 percent of the federal poverty level, a nonrecurring lump sum payment is included in the month received when determining whether a household meets the resource limit.  However, the determination of whether a household is within the resource limit is only made when processing a recertification or semi-annual report.

Counties cannot consider nonrecurring lump sum payments as income when determining whether an overissuance occurred.  However, an overissuance may occur if a household subject to the resource limit receives a nonrecurring lump sum but does not report it on a semi-annual report or recertification.  (ACIN I-12-19, April 22, 2019.)