SSI

Eligibility of Afghan Humanitarian Parolees and Afghan Special Immigrant Conditional Permanent Residents for Refugee Resettlement Program, CalWORKs, CalFresh and SSI

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The California Department of Social Services (CDSS) has provided revised guidance regarding eligibility of Afghan Humanitarian Parolees Afghanistan for Refugee Resettlement Program, CalWORKs and CalFresh benefits, and new guidance regarding eligibility for Afghan Special Immigrant Conditional Permanent Residents.  This guidance superceedes ACWDL September 3, 2021.

Afghan Special Immigrant Conditional Permanent Residents and Afghan Special Immigrant Lawful Permanent Residents are eligible for public benefits to the same extent as refugees.  Afghan Special Immigrant Conditional Permanent Residents are persons waiting for medical clearance to enter the United States.

Afghan Humanitarian Parolees, and their spouse and children, are eligible for benefits and services to the same extent as refugees.  They are eligible from October 1, 2021 or the date they are paroled in the United States, whichever is later, to March 31, 2023, or the end of parolees’ parole term, whichever is later.  Benefits that Humanitarian Parolees, and their spouse and children, are eligible for are Refugee Cash Assistance, CalWORKs, CalFresh, SSI, Refugee Support Services, and Services for Older Refugees.  Counties should redetermine eligibility for benefits when parole has expired or by March 31, 2023, whichever is later.

For CalWORKs, Afghan Humanitarian Parolees are not subject to the five-year ban on federally funded CalWORKs benefits.

For CalWORKs, reception and placement cash benefits count as property because they are considered recurring lump sum payments.

Afghan Humanitarian Parolees can be eligible for CalWORKs Housing Support Program.  Housing Support and Homeless Assistance can supplement federal refugee resettlement funds.  (ACWDL, December 2, 2021.)

Reopening of SSI cases denied because of pandemic assistance

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The Social Security Administration (SSA) is reopening cases that may have been denied because of receipt of pandemic-related financial assistance.  SSA initially determined that such payments counted as income but later decided that such payments are excludable disaster assistance.  (See EM-20014 REV 4, summarized here.)  EM-20014 REV 4 lists the pandemic-related financial assistance that SSA decided does not count as income for SSI.

SSA will send outreach notices to persons potentially affected.  Some people who had their claims denied will not receive an outreach notice.  They are people who have Denied claims with pending appeals, denied claims with pending subsequent applications, and denied claims with approved subsequent applications.  The outreach notice will tell people that SSA may have denied their SSI claim because they received pandemic-related financial assistance, that they may now be eligible for SSI and/or retroactive payments; and that they should contact SSA so we can reevaluate whether they are eligible for SSI and/or retroactive payments.  SSA started mailing the outreach notices on November 29, 2021 and expects to mail 144,000 notices.

There is no deadline to respond to the outreach notice.  If individuals do not respond to the outreach notice or it is returned as undeliverable, SSA will keep the case open and will review the case for any necessary action.  SSA will reevaluate the denial after speaking to the claimant.

Cases with Interim Assistance Reimbursement Agreements (IAR), that is agreements to reimburse General Assistance or other benefits paid while SSI applications are pending, will need new IAR authorizations.  States can reach out to claimants for new IAR authorizations.  (EM-21068, December 9, 2021.)

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COVID-19 SSI payment continuation extension

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In general, Supplemental Security Income (SSI) claimants who have their benefits reduced or terminated must file a Request for Reconsideration within 10 days of the Notice of Determination, plus five days for mailing in order to have their benefits continue while the Request for Reconsideration is pending.  Claimants are entitled to payment continuation unless they waive that right in writing.

The Social Security Administration has decided that SSI claimants who have their benefits reduced or terminated and file a Request for Reconsideration within 60 days of the Notice of Determination, plus five days for mailing are also entitled to payment continuation unless they waive that right in writing.  The Social Security made this decision because of the hardships and difficulties claimant face because of COVID-19, and because of processing delays because of COVID-19.  This policy is in effect until April 29, 2021.

When the claimant files a Request for Reconsideration after 65 days from the date of the notice, the Request for Reconsideration can be processed and payment continuation paid if the claimant has good cause for late filing. (EM-21064, updated October 29, 2021.)

Social Security in-office appointments

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The Social Security Administration (SSA) has issued instructions about when to schedule in-office appointments.

In-office appointments are available for two reasons: 1) To address a limited critical need and the client is unable to use automated services, which includes immediate payments, death corrections, economic or health support, needing an original social security card, and needing a replacement social security card to get income, medical care or ither services or benefits; and 2) If SSA needs to review original documents.

In-office appointments are not scheduled for initial claims or redeterminations unless one of the above criteria are met.  Important documents such as driver’s licenses, passports and immigration documents should not be submitted by mail or drop box.  (EM 21056, September 8, 2021.)

Eligibility of Afghan Humanitarian Parolees for Refugee Resettlement Program, CalWORKs, CalFresh and SSI

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THIS POLICY IS SUPERCEEDED BY ACWDL December 2, 2021, summarized here, for federal benefits.

The California Department of Social Services (CDSS) has provided guidance regarding eligibility of Afghan Humanitarian Parolees Afghanistan for Refugee Resettlement Program, CalWORKs and CalFresh benefits.

Humanitarian Parolees are not eligible for Refugee Cash Assistance or any other Office of Refugee Resettlement programs.

Humanitarian Parolees are eligible for CalWORKs from the day they are paroled into the United States.

Humanitarian Parolees are not eligible for Supplemental Security Income (SSI) benefits.  Humanitarian Parolees are eligible for Cash Assistance Program for Immigrants.

Humanitarian Parolees are eligible for CalFresh only if they have been paroled into the United States for at least one year, and, among other factors, have lived in the United States for qualified aliens, have 40 quarters of qualifying work, or are children under age 18.

Humanitarian Parolees are eligible for the California Food Assistance Program when the have been paroled into the United States for one year or more.

Regardless of documentation provided, the county must submit these cases to the SAVE system for immigration status verification. (ACWDL, September 3, 2021 and Errata, September 17, 2021.)

Eligibility of Afghan Special Immigrant Parolees for Refugee Resettlement Program, CalWORKs, CalFresh and SSI

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The California Department of Social Services (CDSS) has provided guidance regarding eligibility of Special Immigrant Visa holders and special immigrant parolees in the SQ/SI categories (collectively called Special Immigrant Parolees) from Afghanistan for Refugee Resettlement Program, CalWORKs and CalFresh benefits.

Special Immigrant Parolees are eligible for Refugee Cash Assistance, Refugee Medical Assistance and other Office of Refugee Resettlement programs.  A Social Security Number is not required to be eligible for these programs.

Special Immigrant Parolees and their families are eligible for CalWORKs effective on their date of entry to the United States.

Special Immigrant Parolees are eligible for Supplemental Security Income (SSI) benefits.  If for some reason Special Immigrant Parolees are found to be ineligible for SSI, the can be eligible for Cash Assistance Program for Immigrants.

Special Immigrant Parolees are immediately eligible for CalFresh.

Regardless of documentation provided, the county must submit these cases to the SAVE system for immigration status verification.  (ACWDL, August 30, 2021.)