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Changes to HIV listing

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Social Security has rewritten the listing for HIV effective January 17, 2017.  The introduction to Listing Section 14 describing HIV is rewritten including changing the tests used for a definitive determination of HIV.  The new introduction also allows persuasive physician diagnosis of HIV which can be with or without laboratory findings, and documentation of manifestation of HIV.

Prior listing 14.08 is repealed.  New Listing 14.11 list requires specific documentation stated in introductory section 14.00F1 and one of eight conditions or criteria to meet the listing.  The new listing no longer includes documented side effects, resulting infections and illnesses.  Changes to the childrens listing mirror the adult listing changes.

Revised Medical Criteria for Evaluating Human Immunodeficiency Virus (HIV) Infection and for Evaluating Functional Limitations in Immune System Disorders, 81 Fed. Reg. 86915 (December 2, 2016).

Reopening of Social Security decision based on Supreme Court decision finding law unconstitutional

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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).

76 Federal Register 15, Proposed HUD Rule: Equal Access to Housing in HUD Programs–Regardless of Sexual Orientation or Gender Identity, pp. 4194 – 4198 (January 24, 2011)

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There is still time to comment on this groundbreaking proposed rule that has come to be referred to as the “LGBT HUD proposed rule”.   The proposed rule cites to studies establishing significant unequal housing access for and housing discrimination against LGBT persons and families and describes its purpose as ensuring that HUD’s core programs are open to all individuals and families regardless of sexual orientation or gender identity.  The proposed rule contains provisions that would, among other things, clarify that the term “family” as used in regulations governing HUD’s programs is intended to include LGBT individuals and households.  The rule would also prohibit owners and operators of HUD-assisted or HUD-insured housing from making inquiries of occupants or applicants for housing regarding sexual orientation and/or gender identity, but would not preclude voluntary disclosure of such information.   Comments on the proposed rule must be submitted to HUD by March 25, 2011. Contact Maya Rupert of the National Center for Lesbian Rights (MRupert@nclrights.org) or Navneet Grewal of the National Housing Law Project (ngrewal@nhlp.org) to join in the comment letters their respective organizations are preparing.  [Download]

ACL 11-26: Heathcock v. Allenby Lawsuit – Statewide Policy Regarding Initiating Collection On Overissuance (O/I) Claims Requirements In The CalFresh Program (3/14/11)

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At long last, the ACL directs counties that they are required by SNAP law to provide a 1) a Notice with a sufficient explanation of what caused the overissuance 2) a detailed budget when sending overissuance notices.  The letter sets out the minimum information that must be included in the explanation narrative. The new budget form, NA 1263, is required and attached to the ACL.  Other Notices were also modified and attached. Counties must implement this within 6 months.  [Download]

ACL 11-21: Transitional Housing Placement And The Impact Of California Alliance Of Child And Family Services v. Allenby (3/10/11)

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The Court ordered California to adjust group home rates to reflect the California Necessities Index. The lawsuit did not directly impact the rates of the Transitional Housing Programs. However, state statute sets rates for the THPP and THP-Plus Programs based on a county’s average foster care expenditure for foster youth 16 to 18 years of age, in group home placements. These could be impacted by the court-ordered increases in RCL rates. This impact would need to be independently evaluated. [Download]