The California Department of Social Services has issued instructions regarding face-to-face interviews for applications and recertifications.  7 C.F.R. § 273.2(e)(2) now gives states the option to conduct interviews for applications and recertifications by telephone.  California has been conducting telephone interviews under a federal waiver.  Now, California has accepted the option in the federal regulation to do telephone interviews.

Counties will routinely conduct telephone interviews in lieu of face-to-face interviews at application and recertification for all CalFresh households regardless of the length of the household’s certification period length.  Counties may conduct face-to-face interviews if determined necessary.  However, if an in person interview in the office would be a hardship, the county must do a home visit for the interview.   Counties must inform applicants of the opportunity to have a face-to-face interview on request.   The county must provide a notice of missed interview if the applicant or recipient misses a telephone interview.  The application process cannot be negatively affected because the county does a telephone interview.   (ACL 17-80, July 31, 2017.)

Social Security has issued a ruling regarding reopening of Title II and Title XVI cases when the decision is based on a law that the United States Supreme Court finds to be unconstitutional.  This issue has recently arisen because of the Supreme Court decisions in United States v. Windsor regarding constitutionality of the Defense of Marriage Act and Obergfell v. Hodges regarding the constitutionality of state laws banning same-sex marriage.

Social Security has decided that a determination based on a law that the United States Supreme Court has found to be unconstitutional is an error on the face of the evidence.  This means that a decision can be reopened if 1) the determination or decision is based on a federal or state law that the United States Supreme Court holds is unconstitutional, 2) the application of that law was material to the determination or decision, and 3) it is within the following timeframes: A) For Title II claims, within four years of the notice of initial determination, B) For Title II claims, at any time if the determination or decision was fully or partially unfavorable, or C) For Title XVI claims, within two years of the notice of initial determination.  SSR 17-1p (March 1, 2017).