KEEPING TAFDC BENEFITS December 12, 2019 slevy@gbls.org - PDF document

12/2/2019 Sarah Levy Greater Boston Legal Services KEEPING TAFDC BENEFITS December 12, 2019 slevy@gbls.org 617.603.1619 OBJECTIVES Learning How to Keep Benefits Once Approved 1. Following DTA’s processes 2. Asking for protections when needed Learning How You Can Help Clients 1

12/2/2019 Getty Images POINTERS ON HELPING CLIENTS WITH DTA • If client permits, have client sign a DTA release and fax it to DTA so you can access info and advocate. • Don’t assume the answer you get is correct. • Work up the chain of command. Supervisors and Assistant Directors are there for a reason. 2

12/2/2019 RESPONDING TO DTA’S REQUESTS • Returned Mail • Verification: Matches • Keeping Appointments ► Importance of giving DTA current phone number. REPORT CHANGES & AVOID FRAUD CHARGES • Phone is not enough. Do it in writing. DTA Fax # 617-887-8765 Upload via DTA Connect App • Do it within 10 days of the change. • What to report - Change of address - Changes in income (even if temporary) - Changes in who is living in the home (even if temporary) - New assets - Important to report new phone number 3

12/2/2019 OVERPAYMENTS & FRAUD ALLEGATIONS • Even if DTA pays too much TAFDC because of DTA’s error, the client is still responsible for paying it back. • If DTA thinks the client didn’t give information on purpose to get benefits, the client can be disqualified from TAFDC temporarily or permanently. • Clients tend to assume DTA knows more than it does. • DTA tends to assume if a client did not report, that they did so on purpose in order to get more benefits. CONSIDERATIONS REGARDING OVERPAYMENTS Did client report information?  If yes: DTA’s mistake Agency Error  If no: Client Mistake Program Violation  Unintentional- Pay it Back  Intentional- Pay it Back PLUS DISQUALIFICATION OF PARENT 4

12/2/2019 TAFDC REEVALUATIONS • Every 6 months for most people • May or may not be the same time as SNAP recertifications Must do BOTH even if close together TAFDC REEVALUATION PROCESS • Interview, by phone unless request to go in 1. • DTA mails a form for client to review, sign and return 2. • DTA Requires Verification Beware over-verification 3. 5

12/2/2019 SCREENING FOR ADA ACCOMMODATIONS • At every interview, DTA should screen for barriers related to disability. • Any kind of disability • Common difficulties but individualized solutions  Coming to the DTA office  Help filling out forms  Help getting verifications  Contact list  Reminders MEETING THE WORK REQUIREMENT: ACTIVITIES • Paid work • Education & training ► Hours doubled • Community service ► DTA must provide community service site • Job search • Housing search if in shelter • Supported work or vocational rehabilitation programs 6

12/2/2019 MEETING THE WORK REQUIREMENT: PROCESS • Notice asking client to come to DTA • Assessment process Meet • Offer child care referral-- ***CHANGE*** • 12 weeks to plan what’s appropriate • Identify activity and enroll Sign Up • Confirm enrollment to DTA in writing • Report participation timely each and every month • $80 Transportation payments now automated • For absences, write down if there are “good cause” reasons. Return documents • May need to verify good cause reasons WORK REQUIREMENT SANCTIONING PROCESS • Can be terminated if don’t keep appointment with DTA. • DTA sends community service referral. DTA calls this a sanction. • If don’t comply, parent taken off grant. • If still don’t comply, lose all TAFDC. Remember! Good Cause Appeal Rights 7

12/2/2019 RELEVANCE OF DOMESTIC VIOLENCE • • Noncooperation with Disability Exemption Child Support • Caretaker Exemption • General Good Exemption Cause • DV Waiver Security • Heightened Level of Security • Other options re: IVR, DTA Connect, MAP HEALTH PROBLEM INTERFERES? Disability can be relevant as: Exemption Accommodation Good Cause • Help dealing • Disability • Temporary with DTA Exemption processes • Caretaker • Focused on a Exemption • Rule changes specific issue 8

12/2/2019 TAFDC DISABILITY DETERMINATION PROCESS DTA sends form to DES Client If necessary, DES which decides completes DES reviews & Disability arranges whether requests “Consultative Supplement health info from Exams” for & gives to problems DTA applicant to client’s meet the be providers evaluated standards ADVOCACY TIPS FOR TAFDC DISABILITY DETERMINATION PROCESS • Give medical information (i.e., records, letters , test results, from treating providers) directly to DES by faxing to 774- Medical 455-8153 info • Help ensure that clients go to Consultative Exams (CEs) or that they reschedule ahead of time if necessary. Help clients request cab if CEs necessary. • Provide DES with a signed DES release by faxing to 774-455-8153 • Client can also name helper on designated spot at end of Disability DES Supplement • Did DES get records from all treating providers? Do records reflect full picture ? • Did DES consider all impairments raised by applicant or surfaced in Denials records or CE? • Did DES consider combination of impairments? 9

12/2/2019 PROCESS FOR CARETAKER EXEMPTION • “TAFDC - 4 form” must be signed by a “competent medical authority” • Help medical providers understand the daily requirements of caregivers • Help medical providers understand the realities of low wage work • TAFDC-4 must be renewed to continue exemption TIME LIMIT EXTENSIONS • DTA has lots of discretion • Any past sanction can hurt chances for approval • Short duration • Seek legal assistance 10