Applying for TAFDC Presented by: Lisa Bradley Senior Paralegal - PDF document

Applying for TAFDC Presented by: Lisa Bradley Senior Paralegal Greater Boston Legal Services lbradley@gbls.org (617) 603-1620 December 12, 2019 Objectives  General knowledge about applying for TAFDC  Know enough to issue spot 2 1

Meet…  Sofia  Nan  Ky 3 Department of Transitional Assistance  DTA https://www.mass.gov/about-the-department-of-transitional- assistance  Offices throughout MA  Director, Assistant Directors, Supervisors, Case Managers  Client Assistance Coordinators (CACs)  Central DTA Office 4 2

Applying for TAFDC  In person at local DTA office  Accommodations & For Good Reasons – Phone and Mail – Home visits  Electronic Benefit Transfer (EBT) card 5 Rights When Applying  Right to file application 1 st day at DTA – At minimum, sign a Request for Assistance  Right to a Decision in 30 days  Right to An Interpreter – Clients can self identify as LEP, requiring ASL or other auxiliary aids – DTA Language Access Plan https://www.mass.gov/service-details/language-access-at- the-department-of-transitional-assistance 6 3

Rights To Apply Re: Ineligible Immigrants  Common Myth You can’t apply for TAFDC if you’re undocumented.  Reality – Right to apply on behalf of eligible children – Right to opt out of benefits household and NOT provide SSN or immigrant status  DTA form Supplement A 7 8 4

Sofia Worried because :  She can’t travel far with her hurt leg  English isn’t her 1 st language  She needs help soon; unclear how long a decision takes She Asks, “How do I apply if I can’t get to DTA and if I can’t understand the worker?”  What’s your advice?  Other TAFDC advice for Sofia? 9 TAFDC Interview  Mandatory  General Questions  Accommodation/Disability Screening – Assert Disability if Applicable!  Learning Disability Screening 10 5

Verifying Eligibility for TAFDC Applicants must verify  Identity  Social Security #  Relationship to Children  Immigration status if noncitizen is requesting benefits  Citizenship only if questionable  Income and any Assets  Living situation  Housing Expenses, if any * Be aware of Over Verification Requests! 11 Rights and Verifications  Right to Worker Assistance  Right to Speak to Worker 12 6

Nan Worried because  Prior job won’t provide termination letter  Lost birth certificates since last on TAFDC Asks, “How do I get these verifications?”  What can you advise about the job verification?  What can you advise about birth certificates? 13 Job Search at Application  A condition of eligibility for TAFDC  Pre Benefit Job Search= PBJS  PBJS Screening – 8 questions about employment, education, and substance abuse treatment – N/A for SSI Recipients or Relative Caretakers  Determinations made – Work Ready, Job Search, or Excused from PBJS 14 7

Pre Benefit Job Search Within 30 Days of Application  Attend mandatory TAFDC Group Orientation  Make at least 2 job contacts  Return Proof of job contacts or Assert Good Cause  Without proof of job search or Good Cause, most cases will open for dependents only; some will be denied 15 Pre Benefit Job Search Within Next 30 Days  Make 3 more job contacts  Provide proof to DTA or Assert Good Cause  Without proof or Good Cause TAFDC will decrease or terminate 16 8

Pathways to Self Sufficiency (PSS) Assessment Meanwhile…  Clients must complete a PSS Assessment  Required for those who are: – Under the work rule – Exempt but volunteering to do an activity  If not completed, DTA will issue a TAFDC termination notice 17 PSS Employment Development Plan (EDP)  DTA creates PSS EDP, listing client’s activities, with expected start/end dates  With completed EDP, eligible for child care referral – 12 months for an approved activity – 12 weeks if work required & searching for activity! 18 9

Ky Worried because  Didn’t attend chemistry class, expected DTA to call to do the PSS Assessment  Received a notice that TAFDC is terminating for missing a reevaluation Asks, “What do I do about TAFDC?”  What can you advise about her TAFDC stopping? 19 Getting Verifications to DTA  Upload via the DTA Connect App  In Person at local office – Scanners at DTA office – Indexed directly to client’s case  Fax/Mail Documents – Fax: 617-887-8765 and/or – Mail: DTA Data Processing Ctr, PO Box 4406, Taunton, MA 0278 20 * Include last 4 of SSN or Agency ID on each page 10

Data Processing Center  Documents faxed/mailed 1 st go to the Data Processing Center (DPC) DTA Worker Scan Index to Processes document client’s case document  Scanned documents can be viewed by any DTA worker 21 Denial or Termination Based on Missing Verifications  If denied or closed for lack of verification – Case can re-open without reapplication if verifications are submitted within 30 days of denial/termination notice  Notice should list missing verifications  Can reapply and appeal at the same time 22 11

Right to Appeal  For aid paid pending, appeal BEFORE the date the change will take place  Otherwise, appeal by the 90 th day from date of notice  Fax or mail appeals to Division of Hearings (DOH) – DOH fax # 617-348-5311  Call DOH to confirm – appeal was received – request for aid pending was sent to DTA 23 – DOH tel. # 617-348-5321 Resolving Appeals  Gather DTA Documents – Notices, Narratives, Scanned Documents, etc.  Access Information In Beacon – Mobile app DTA Connect – www.DTA Connect.com – DTA supervisor or management – Ombudsman’s Unit, tel. # 617-348-5354  Review Rules – Advocacy Guide, On Line Guide, Regulations 24 12

Resolving Appeals Continued…  Contact DTA Management – Assistant Directors, Director – Central if applicable  Request Prehearing Adjustment – 106 CMR 343.350(B)  Submit evidence – Assert De Novo Rule, 106 CMR 343.500(A)  Right to Postpone Hearing if Good Cause 25 Thank You  Your help can make a difference! 26 13