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

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Applying for TAFDC

Presented by: Lisa Bradley Senior Paralegal Greater Boston Legal Services lbradley@gbls.org (617) 603-1620 December 12, 2019

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Objectives

 General knowledge about applying for TAFDC  Know enough to issue spot

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Meet…

 Sofia  Nan  Ky

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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

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Applying for TAFDC

 In person at local DTA office  Accommodations & For Good Reasons

– Phone and Mail – Home visits

 Electronic Benefit Transfer (EBT) card

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Rights When Applying

 Right to file application 1st 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

• ther auxiliary aids

– DTA Language Access Plan

https://www.mass.gov/service-details/language-access-at- the-department-of-transitional-assistance

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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

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Sofia

Worried because:

 She can’t travel far with her hurt leg  English isn’t her 1st 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?

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TAFDC Interview

 Mandatory  General Questions  Accommodation/Disability Screening

– Assert Disability if Applicable!

 Learning Disability Screening

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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!

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Rights and Verifications

 Right to Worker Assistance  Right to Speak to Worker

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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?

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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

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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 16

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

• r terminate

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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

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

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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?

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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 *Include last 4 of SSN or Agency ID on each page

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Data Processing Center

 Documents faxed/mailed 1st go to the Data

Processing Center (DPC)

 Scanned documents can be viewed by any DTA

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Scan document Index to client’s case DTA Worker Processes document

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

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Right to Appeal

 For aid paid pending, appeal BEFORE the date

the change will take place

 Otherwise, appeal by the 90th 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 – DOH tel. # 617-348-5321

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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

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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

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Thank You

 Your help can make a difference!

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