Disaster CalFresh for Los Angeles fires

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The California Department of Social Services has issued guidance and information regarding implementation of Disaster CalFresh for the Los Angeles fires.

Disaster CalFresh provides one month of temporary food assistance to households affected by natural disasters who were not already receiving CalFresh.

To be eligible for Disaster CalFresh, a household must have:

1) Lived or worked in the disaster impacted county at the time of the disaster;

2) Purchased or planned to purchase food during the benefits period, which is January 7, 2025 through February 5, 2025;

3) Experienced an adverse effects because of the disaster, such as food loss, loss of income, inaccessible resources, or disaster-related expenses;

4) Meet the Disaster Gross Income Limit.  To be eligible, the household’s income received plus accessible liquid resources, minus disaster related expenses, must be less than the Disaster Gross Income Limit.

A Disaster CalFresh household includes people who lived and purchased and prepared food together on the start date of the disaster. A Disaster CalFresh household does not include people who the applicant is temporarily staying with at the time of application due to the disaster. A Disaster CalFresh household may include people who had been excluded from an ongoing CalFresh household at the time of the disaster.  Households are eligible even if they are temporarily residing outside of the disaster impacted area at the time of application. Households who have moved out of California but were living in the disaster impacted area at the time of the disaster can apply.

Disaster CalFresh requires verification of 1) Identity; 2) Residency and loss/inaccessibility of income or liquid resources, if possible; 3) Household composition and 4) food loss, when questionable.

While identity verification is required, a specific type of documentary proof is not Acceptable identity verification may include, but is not limited to, a driver’s license, a work or school identification card, an identification card for health benefits, a voter registration card, a foreign passport, and “matricula consulares.”

A social security number is not required to apply for D-CalFresh.

To the extent possible, verification of residency should be satisfied via information from other sources, such as a rent or mortgage billing statement, utility billing statement, and identity documents. No specific type of documentary proof is required.

Counties must assist households in obtaining necessary verification. This includes, with the client’s permission, verifying information through alternative sources such as online banking or utility accounts, and using collateral contacts.

Certified households must be able to access benefits within 72 hours of application, which begins to run on the day of the interview.

Authorized representatives may assist with Disaster CalFresh applications following the same policy as for regular CalFresh.

The Disaster CalFresh application  period is February 10, 2025 through February 14, 2025, and February 18, 2025 through February 19, 2025.

The filing date is the day that the interview is completed and not the day that county receives the application.  Applicants must complete the CF 385 form and submit it during the application period.  Applications can be submitted by phone, or in person. When accepting Disaster CalFresh applications by phone, verbal attestation is acceptable. Applications must be processed within 72 hours.

Disaster CalFresh interviews should be done in-person when possible, but they can be done by phone.  For telephone applications, the county can document verbal attestation instead of a signature.

Counties may mail the EBT card if the household cannot pick it up.  Counties must contact households who miss an appointment to pick up their EBT card.

Reports of electronic theft of Disaster CalFresh are handled in the same was as electronic theft of any other CalFresh benefits as described in ACL 23-92.  (ACWDL, February 4, 2025.)

Disaster Unemployment Insurance for Los Angeles wildfires

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Disaster Unemployment Assistance (DUA) is now available for workers and self-employed persons impacted by the Los Angeles wildfires who do not qualify for regular Unemployment Insurance.

People are eligible for DUA if:

  • Worked, or were a business owner or self-employed, or were scheduled to begin work or self-employment, in the disaster area. This includes, and is not limited to, those in agricultural and fishing industries, or
  • Cannot reach their workplace due to the disaster or can no longer work or perform services because of physical damage or destruction to their place of employment as a direct result of the disaster, or
  • Cannot perform work or self-employment due to an injury as a direct result of the disaster, or
  • Became the head of their household due to a death caused by the disaster, or
  • The work or self-employment they can no longer perform must have been their primary source of income.

DUA benefits apply to losses beginning the week of January 12, 2025. Eligible full-time workers can receive between $186 and $450 per week, for up to 26 weeks. Part-time workers may also be eligible for benefits. Eligible individuals who were unemployed as of January 12 can request to have their claim start on that date, even if they apply after January 12. The last payable week of DUA ends July 12, 2025.

People can apply for DUA online through myEDD.  People can also get help at the Disaster Recovery Centers.  Impacted workers should check the box on the application that asks if their unemployment is a direct result of a recent disaster. EDD will check if the applicant is eligible for regular unemployment benefits before processing the claim for DUA benefits. Applicants may get a letter stating that they are regular unemployment while EDD processes their DUA claim.

DUA claims must be filed by March 10, 2025 unless the individual has good cause for late filing.  All required documentation must be submitted within 21 days of filing the application, including most recent federal tax return or pay stubs, or other documentation supporting that the applicant was working or self-employed when the disaster happened.  (EDD News Release 25-04, January 14, 2025.)

Continuation of Social Security Disability or SSI benefits after age 18

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In general, Social Security Disability or SSI benefits stop if a minor who is receiving benefits is found to no longer be disabled after a redetermination based on the adult disability standard at age 18.  However, benefits can continue for minors who turn 18 but are found not to meet the adult disability standard if they are participating in an appropriate vocational rehabilitation program or similar service that began before the month disability ended, participation in the program will likely result in no longer receiving disability benefits.

Examples of appropriate programs include an Individual Education Plan for age 18 to 21, a vocational rehabilitation program that uses an individualized plan for employment, supportive services that use an individualized written employment plan, a written service plan with a school under Section 504 of the Rehabilitation Act, or an approved Plan to Achieve Self Support (PASS). (Social Security Dear Colleague Letter October 30, 2024.)

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Updated Social Security collateral estoppel guidance

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The Social Security Administration has issued an updated POMS about collateral estoppel and disability claims.  Collateral estoppel can apply when an individual receiving Social Security or SSI files a disability claim under a different title or for a different benefit under the same title. Collateral estoppel requires the Social Security administration to adopt a prior disability finding without needing to develop a new medical claims when:

  1. The prior claim was for the same time period as the new application
  2. Both the prior claim and the new claim apply the same definition of disability
  3. Social Security has not made an intervening medical determination or decision finding that disability has ceased
  4. The claimant has not engaged in substantial gainful activity since the prior onset date
  5. The prior onset date is on or before the nonmedical requirements for the new claim are met
  6. The prior favorable decision is not in terminated status
  7. Social Security does not have reason to believe the prior determination or decision was wrong.

If the prior claim is in suspense status when the new claim is filed, Social Security will try to resolve the suspense issue.  If the suspense issue cannot be resolved when processing the new claim, Social Security will apply collateral estoppel if the suspense issue does not result in denial of the new claim.

The prior favorable disability determination is adopted even if a continuing disability review is pending for the prior claim.  (Social Security Dear Colleague Letter, July 16, 2024 and POMS DI 11011.001.)

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