SSI

Effect of SSI COLA on CalFresh benefits

Posted on by

Supplemental Security Income (SSI) recipients received a Cost of Living Increase effective January 1, 2022.  The new SSI amount must be acted on for CalFresh purposes no later than March, 2022.  This will happen automatically for most CalFresh cases. Counties must manually process some cases, including cases that receive SSI amount that are more than the maximum monthly SSI payment (because of a retroactive SSI payment for example).  Supplemental Nutrition Benefits and Transitional Nutrition Benefit cases are not affected by the SSI COLA increase.

Note that retroactive SSI payments are excluded as income for CalFresh purposes.  January 2022 should include a higher than usual number of retroactive payments because of improper benefits reductions and denials caused by Social Security incorrectly counting pandemic benefits as income.  Any cases with amounts over the SSI maximum payment will be excluded from automatic processing to prevent improperly counting SSI retroactive payments.

As a reminder, amounts recouped from SSI benefits, including recoupment of SSI overpayments, do not count as income for CalFresh. (ACIN I-11-22, January 28, 2022.)

Social Security hold on failure to provide information suspensions

Posted on by

The Social Security Administration (SSA) has temporarily changed its procedures about benefits suspension for failure to provide information.  SSA will be changing its procedures for suspending benefits for failing to provide information.  Until that change is made, SSA will not suspend payments for failure to provide information.  If at any time the recipient provides the requested information, benefits should be processed normally.

For redeterminations and other post-eligibility issues, SSA should exhaust all efforts to obtain the requested information.  If the issue remains unresolved, payments continue until the moratorium on suspending benefits ends.

For continuing disability review cases, SSA will develop the cases but cannot suspend benefits until the moratorium on suspending benefits ends.

The moratorium on suspending benefits will remain in place until further notice.  (EM 21079, December 23, 2021.)

Posted in SSI

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

Posted on by

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

Posted on by

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.)

Posted in SSI

COVID-19 SSI payment continuation extension

Posted on by

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

Posted on by

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.)