CalFresh / SNAP

CalFresh Elderly Simplified Application Project

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The California Department of Social Services (CDSS) has issued instructions about the CalFresh Elderly Simplified Application Project (ESAP).  CDSS received a waiver to implement ESAP beginning October 1, 2017.

ESAP will do three things for elderly (age 60 or older) and/or disabled households:

  1. Waive the recertification interview requirement for elderly and/or disabled households with no earned income. Cases will not be denied at recertification without an attempt to schedule an interview. The county can require an interview if the information supplied is incomplete, questionable or contradictory. Households will be able to request a recertification interview.  An interview at initial certification will still be required.
  2. Use data matching to reduce client-provided verifications for elderly and/or disabled households with no earned income.
  3. Extend the certification period to 36 months for elderly and/or disabled households with no earned income.

ESAP households will use the SAR-7 form to report any changes at 12 months and 24 months.  If an ESAP household becomes ineligible for ESAP but remains eligible for CalFresh (for example by becoming employed) the county will convert the case to a regular CalFresh household.  (ACL 17-34, April 25, 2017.)

CalFresh Standard Medical Expense Deduction project

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The California Department of Social Services (CDSS) has issued instructions about implementation of CalFresh Standard Medical Expense deduction.  CDSS received a waiver to implement a Standard Medical Expense deduction beginning October 1, 2017.

Elderly and/or disabled households with medical expenses over $35 per month are entitled to a CalFresh income deduction for their medical expenses.  Currently, the deduction is dollar for dollar verified medical expenses over $35 per month.  Effective October 1, 2017, the medical expense deduction will be a standard $120 per month when the elderly and/or disabled household has over $35 per month of medical expenses.  If verified medical expenses are over $155 per month, the household will be able to deduct actual medical expenses.

Households can voluntarily report medical expense increases mid-period and the new deduction amount will be used for the remainder of the reporting period.  (ACL 17-35, April 25, 2017.)

CalFresh processing for domestic violence survivors

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The California Department of Social Services (CDSS) has issued instructions about AB 2057 regarding CalFresh processing for domestic violence survivors.  A domestic violence survivor who is a resident of a shelter and whose current CalFresh household includes the abuser can apply for CalFresh as a separate household and may be eligible for an additional allotment of CalFresh once per month.  Shelter residents and their children can be aided as members of the former household and as members of a new household once per month.

If the domestic violence survivor is the head of household, the survivor may ask to close the former CalFresh case that included the abuser.  If the request is made is writing or in the presence of an eligibility worker, the change can be made with adequate notice.  If the request is made verbally, the county must provide both adequate and timely (10 days) notice.

CDSS must provide shelters with information about CalFresh eligibility for domestic violence survivors.  CDSS provided a sample with its instructions.

Domestic survivors are now deferred from mandatory participation in CalFresh Employment and Training.  Counties must accept self-attestation of domestic violence unless there is strong evidence that the self-attestation is not credible.  (ACL 17-30, April 17, 2017.)

County Welfare Department Use of Consumer Credit Reports

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NOTE — The section of this ACL regarding the Work Number being used in conjunction with, but not in lieu of, existing income and eligibility sources, is superseded by ACL 21-23.

CDSS has instructions to counties about SB 1232 regarding county welfare department use of consumer credit reports.  An example of a consumer credit report is a report from “The Work Number.”  These requirements are mandatory effective January 1, 2017.

Counties cannot obtain consumer credit reports without written authorization of the applicant or recipient.  Consumer credit reports can be used in conjunction with existing fraud detection resources.  Consumer credit reports cannot be used as the only means of verification.  The SAWS 2 Plus, CF 285 and CF 37 have been modified to include authorization for counties to obtain consumer credit reports.

If a county takes adverse action based on information in a consumer credit report, the county must provide an informing notice in addition to the notice of action.  The informing notice must include the name, address and telephone number of the consumer credit reporting agency, a statement that the consumer credit reporting agency did not make the decision, a statement of the right to free disclosure from the consumer credit reporting agency within 60 days and a statement of the right to dispute the accuracy of the information with the consumer credit reporting agency.

Information from a consumer credit report must be made available to an applicant or recipient who requests it from the county welfare department or if an applicant requests a fair hearing to regarding the information in the consumer credit report.  Note that information received from “The Work Number” is not considered verified upon receipt for CalFresh.  ACL 16-118 (December 30, 2016).

Position Statements in CDSS hearings

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CDSS has issued instructions implementing AB 2346 about position statements.  Previously, public and private agencies other than the Department of Health Care Services were required to make paper copies of their position statements available to claimants at least two business days prior to the hearing.  AB 2346 extends this requirement to the Department of Health Care Services.  This means that position statements in Medi-Cal cases must now be made available two business days before the hearing.

In addition, position statements can now be provided to the claimant in one of three ways: 1) secure electronic transmission at least two business days before the hearing, with the claimant’s permission, and if the agency can comply with state and federal electronic privacy laws, 2) first class mail with mailing early enough for the claimant to receive the position statement two business days before the hearing, or 3) paper copy available at the appropriate office of the county welfare department two business days before the hearing, with public or private agencies that are not part of the county welfare department mailing a paper copy of the position statement to the county early enough for the county welfare department to make it available at least two business days before the hearing.

If electronic transmission does not apply, the county can choose whether to mail the position statement or make it available at the county welfare department office, but the county should discuss with the claimant how the claimant would prefer to receive the position statement.

If the position statement is not made available to the claimant two business days before the hearing or the agency modifies the position statement after providing it to the claimant, the claimant will have good cause to postpone the hearing.  The claimant must waive the 90 day deadline for a decision to get this postponement.  Because the postponement was caused by the county’s failure to provide the position statement as required, this postponement will be considered the claimant first postponement for purposes of evaluating subsequent postponement requests.

(ACL 17-21, February 16, 2017.)

CalFresh eligibility for people in SSI suspense status

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CDSS has issued instructions to counties implementing the decision and judgment in Riojas v. Vilsack and Lightbourne, 2016 WL 3566941.  Riojas held that people in SSI suspense status are eligible for CalFresh.

CDSS instructed counties that, effective immediately, people who are not receiving a SSI payment are eligible for CalFresh as long as all other CalFresh eligibility criteria are met. Within two months counties must identify applications that were filed after August 30, 2016 that were denied solely because the applicant was in SSI suspense status and issue retroactive benefits to those people.  Counties must also identify household members excluded solely because of their SSI suspense status on or after August 30, 2016, and, if otherwise eligible, issue retroactive benefits to those persons.

A change in SSI from active status to suspense status is not a mandatory mid-period report. However, if this change is reported, the county must add the household member effective the first day of the next month.  If SSI status changes to active status and that change is known to the county, then the county must increase or decrease benefits effective the first day of the next month, or as soon as 10-day notice can be given.  (ACL 17-09, January 27, 2017.)