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

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KEEPING TAFDC BENEFITS

Sarah Levy Greater Boston Legal Services 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

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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.

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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

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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

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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

1.

• Interview, by phone unless

request to go in

2.

• DTA mails a form for client to

review, sign and return

3.

• DTA Requires Verification

Beware over-verification

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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

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MEETING THE WORK REQUIREMENT: PROCESS

Meet

• Notice asking client to come to DTA
• Assessment process
• Offer child care referral-- ***CHANGE***

Sign Up

• 12 weeks to plan what’s appropriate
• Identify activity and enroll
• Confirm enrollment to DTA in writing

Return documents

• Report participation timely each and every month
• $80 Transportation payments now automated
• For absences, write down if there are “good cause” reasons.
• 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

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RELEVANCE OF DOMESTIC VIOLENCE

Exemption Security Good Cause

• Noncooperation with

Child Support

• General
• DV Waiver
• Disability Exemption
• Caretaker Exemption
• Heightened Level of

Security

• Other options re: IVR, DTA

Connect, MAP

HEALTH PROBLEM INTERFERES?

Disability can be relevant as:

Good Cause

• Temporary
• Focused on a

specific issue

Exemption

• Disability

Exemption

• Caretaker

Exemption

Accommodation

• Help dealing

with DTA processes

• Rule changes

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TAFDC DISABILITY DETERMINATION PROCESS

Client completes Disability Supplement & gives to DTA

DTA sends form to DES which reviews & requests info from client’s providers

If necessary, DES arranges “Consultative Exams” for applicant to be evaluated

DES decides whether health problems meet the standards

ADVOCACY TIPS FOR TAFDC DISABILITY DETERMINATION PROCESS

Medical info

• Give medical information (i.e., records, letters, test results,

from treating providers) directly to DES by faxing to 774- 455-8153

CEs

• Help ensure that clients go to Consultative Exams (CEs) or that they

reschedule ahead of time if necessary. Help clients request cab if necessary.

DES

• 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

Supplement

Denials

• Did DES get records from all treating providers? Do records reflect

full picture?

• Did DES consider all impairments raised by applicant or surfaced in

records or CE?

• Did DES consider combination of impairments?

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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