CalFresh joint application processing with Social Security Administration

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The California Department of Social Services (CDSS) has provided guidance about joint processing of CalFresh applications by the Social Security Administration (SSA) and county welfare departments for SSI recipients.

SSI recipients will be eligible for CalFresh beginning June 1, 2019.  Households that include only SSI recipients may apply for CalFresh at a SSA office.  SSA must inform SSI applicants or recipients of their right to apply for CalFresh at the SSA office or their right to apply at the county welfare department whenever a member of a household consisting of only SSI applicants or recipients conducts business with SSA. SSA will not assist households with both SSI and non-SSI members.

SSA will screen all households for CalFresh eligibility.  Based on the screening, SSA must give the household the opportunity to apply for CalFresh.  If a household with only SSI applicants or recipients agrees, SSA will assist the household in submitting and completing a CalFresh application.  These household may also complete their annual recertification at the SSA office.

SSA can use the GetCalFresh.org online application starting June 1, 2019.  If the application is submitted using GetCalFresh.org, the county must not require an additional signature from the household.  If a household wants to submit a paper application, SSA will assist the household in completing the written application and will submit it to the county within one business day of receipt of the signed application.

For either type of application, SSA then will provide the following information to the household in writing: 1) contact information for the county; 2) remaining actions to be taken to complete the application; 3) a statement that the household should be notified of their CalFresh eligibility determination within 30 days; 4) the household’s rights and responsibilities; and 5) information about how to get an EBT card.

The expedited service timeframe will begin the date the county receives the application.  SSA will prescreen the application for entitlement to expedited service.

If the household chooses to apply with the county, SSA will inform the household of their option to apply online or take the paper application to the county.

Households in which all members receive or are authorized to receive SSI are categorically eligible for CalFresh unless the entire household is institutionalized or disqualified from receiving CalFresh.  In determining categorical eligibility, the county must verify that each member of the household receives or is authorized to receive SSI.  For persons who are categorically eligible, no additional verification is needed for resources, gross and net income, social security number, sponsored immigrant information, and residency.  Although identity must be verified, verification of identity in MEDS is sufficient and counties must check MEDS prior to requesting verification of identity.  Counties can verify SSI benefits through the State Data Exchange or the Beneficiary Data Exchange.

Households whose applications are processed using SSA joint processing will not be required to go to a county welfare department office or otherwise be subject to a county interview.  The county will not contact the household to obtain information unless the application is improperly completed, mandatory verification is missing or the county determines that information in the application is questionable.  Counties may contact the household to determine whether the household has expenses which can be deducted from income including shelter and medical expenses.

Counties must certify households processed under SSA joint processing for 24 months because all members of the household will be elderly or disabled.  If the household has no earned income, certification will be for 36 months under the Elderly Simplified Application Project.  (ACL 19-44, May 9, 2019.)

CAPI state interim assistance reimbursement authorization

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The California Department of Social Services (CDSS) has issued instructions regarding recovery of state interim assistance to Cash Assistance Program for Immigrants (CAPI) applicants while their applications are pending or during suspense periods prior to reinstatement of CAPI benefits.  The state interim assistance program allows counties to recover General Assistance or General Relief, and other types of cash or in-kind assistance paid to individuals while their CAPI application is pending from a retroactive CAPI award.  Counties may not recover state interim assistance reimbursement for payments or in-kind benefits financed wholly or partially with federal funds.  In addition to General Assistance or General Relief, state interim assistance can include food, clothing, shelter, personal and hygiene supplies or transportation passes.

To recover state interim assistance, the applicant must sign the SOC 455 form and CAPI benefits are granted.  The SOC 455 form is valid for only one year.  The county must also send a written notice of action NA 693 when recovering state interim assistance.

State interim assistance is separate from interim assistance recovery from SSI benefits, which is done through the Social Security Administration and requires signing of the SSP 14 form.  (ACIN I-24-19, April 8, 2019.)

Reasonable accommodations for blind and visually impaired IHSS applicants and recipients

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The California Department of Social Services (CDSS) has provided additional information about reasonable accommodations for blind and visually impaired In-Home Supportive Services (IHSS) applicants and recipients.  This information is in addition to previous information and forms and notices in ACL 15-60 and other alternative format forms and notices.

Counties must offer reasonable accommodations in the form of alternative formats and auxiliary aids to IHSS applicants or recipients who identify as blind or visually impaired at the initial assessment, reassessment and whenever there is a change in circumstances.  Counties must offer reasonable accommodations to applicants or recipients who exhibit or mention problems with reading or seeing.  Counties must offer format options and the ability to update format preferences.  Counties must record these accommodations in the CMIPS computer system.

Both blind and visually impaired persons can now use the telephone timesheet system.

CDSS has done training for counties and has fact sheets for social workers about reasonable accommodations for blind or visually impaired persons.

Blind or visually impaired persons can also use the electronic timesheet system using a screen reader.  The electronic timesheet forms are now available in accessible formats.

CDSS updated its list of IHSS forms in accessible formats.  That list is included with the ACL.  CDSS also included data about format preferences including large print, audio CD, Braille, and data CD.

CDSS will create a report of all IHSS applicants or recipients who are identified as blind or visually impaired but do not have a format preference documented in CMIPS.  When the report is release, counties must contact each of those applicants or recipients to determine their format preference and document that preference in CMIPS.  (ACL 19-36, April 12, 2019.)

CalFresh and CalWORKs electronic notices

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The California Department of Social Services (CDSS) had a waiver from the federal government authorizing e-notices.  CDSS implemented e-notices for CalWORKs using the same rules as CalFresh.  Now the federal government no longer requires a waiver for and has made e-notices a state option for CalFresh. (See United States Department of Agriculture AN 18-05.)

California will continue to use the same rules for e-notices that are in ACL 13-61.  E-notices continue to be a county option.  However, for counties to use e-notices, the county must: 1) not include identifying information in text messages; 2) receive household consent to send e-notices and establish security protocols to protect confidential client information sent electronically; 3) provide an initial email and paper notice confirming that the household as opted-in to e-notices; 4) provide e-notices through a secure online portal; 5) send an email when a new e-notice is available; 6) ensure that every e-notice has the same information as the corresponding paper notice; 7) not send state hearings or treasury offset notices by e-notice; 8) allow opt-out of e-notice at any time; 9) document when an e-notice is returned and then communicate with the household by paper notice; and 10) ensure that all e-notices are available to quality control reviewers.

Counties must provide paper copies of all notices to clients on request.

The types of notices that can be send electronically include notice of missed interview, notice of denial, notice of required verification, notice of approval, notice of expired certification, notice of change to benefits and overpayment or overissuance notices.

Households must be informed of the option to receive e-notices at application and recertification.

Counties can now send text messages to inform clients of the availability of a new e-notice.  A text messages must be send in conjunction with an email informing the client that an e-notice is available.  The text message sends a link to a secure online portal.

Counties must still comply with regulations regarding timeframes for notices and information.  For CalWORKs, counties must still attempt personal contact prior to terminating benefits for not submitting a semi-annual report or annual recertification and note that attempt in the case file.

For CalWORKs time on aid and welfare-to-work notices, each adult in the assistance unit must consent to receive notices electronically.  For other notices, the caretaker relative must consent.  (ACL 19-39, May 3, 2019.)

CalFresh treatment of nonrecurring lump sum income

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The California Department of Social Services (CDSS) has issued clarification regarding treatment of nonrecurring lump sum income for the purpose of determining CalFresh eligibility.  Nonrecurring lump sum payments are excluded from the household’s income.  Such payments include lump sum Social Security disability, retirement or survivors benefits, lump sum Supplemental Security Income benefits, income tax refunds or lump sum insurance settlement payments.  The nonrecurring lump sum payment is considered a resource in the month received.

Most CalFresh households are not required to meet the resource limit because of modified categorical eligibility.  For the households that are subject to the resource limit, such as elderly and disabled households with income above 200 percent of the federal poverty level, a nonrecurring lump sum payment is included in the month received when determining whether a household meets the resource limit.  However, the determination of whether a household is within the resource limit is only made when processing a recertification or semi-annual report.

Counties cannot consider nonrecurring lump sum payments as income when determining whether an overissuance occurred.  However, an overissuance may occur if a household subject to the resource limit receives a nonrecurring lump sum but does not report it on a semi-annual report or recertification.  (ACIN I-12-19, April 22, 2019.)

Good cause for voluntary quit and negation of good cause

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The California Unemployment Insurance Appeals Board (CUIAB) has issued P-B-514 regarding good cause for voluntary quit and negation of good cause.  The case involves good cause for voluntary quit for verbal harassment and negation of good cause for failing to pursue remedial measures.

The decision first finds that the claimant was subjected to verbal abuse that was insulting, denigrating and intended to humiliate the claimant, and that the claimant was constantly belittled without justification in the workplace.  CUIAB held a reasonable person would find the treatment unacceptably harsh and abusive.  CUIAB continued that this treatment affected the claimant’s physical and mental well-being, and that overall there was an unacceptably harsh work environment.  Based on those findings, CUIAB held that the claimant had good cause to voluntarily quit her employment.

The decision continues that, although failure to give the employer an opportunity to resolve the situation negates good cause, there was not negation in this case.  The burden of proof is on the employer to show negation.  Failure of the employer to respond to an employee’s efforts to resolve a work-related issue relieves the employee of the obligation to make further inquiries or requests prior to leaving the job.

In this case, the claimant complained to human resources several times but did receive a response, and the no action was taken on the complaints.  Employer efforts to resolve a complaint may take significant time and an employee may be expected to be patient if they are informed of those efforts.  In this case, however, the employer did essentially nothing and did not respond to the claimant’s complaints.  As a result, the employer did not sustain its burden to show that the claimant negated good cause for her voluntary quit.  P-B-514 (April 18, 2018).