TAFDC Overview & Changes During COVID - Mass ...

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TAFDC Overview & Changes During COVID - Mass ...
TAFDC Overview - COVID-19 (Feb. 2021)

                             TAFDC Overview &
                           Changes During COVID
                                         February 12, 2021

                             Lisa Bradley, lbradley@gbls.org
                          Lizbeth Ginsburg, lginsburg@gbls.org
                              Greater Boston Legal Services

                                             Goals
                    • Overview
                       – Who is eligible for TAFDC
                       – Rules for families on TAFDC during COVID
                       – Practical info – how to apply, get information, etc.
                       – Protections for certain populations
                       – Problem solving & advocacy tips

                    • Goal: Know enough to spot issues, when
                      to refer to legal services
                                                                                2
TAFDC Overview & Changes During COVID - Mass ...
TAFDC Overview - COVID-19 (Feb. 2021)

                          What is TAFDC & who is
                                  eligible?

                                What Is TAFDC?
                    • TAFDC = Transitional Aid to Families with
                      Dependent Children
                    • Cash assistance (welfare) program in
                      Massachusetts for low-income families
                      with children and pregnant women
                    • Administered by the Department of
                      Transitional Assistance (DTA)

                                                                  4
TAFDC Overview & Changes During COVID - Mass ...
TAFDC Overview - COVID-19 (Feb. 2021)

                        What are the TAFDC benefits?
                    • Cash grant paid twice a month
                    • Annual clothing allowance ($350)
                    • Infant benefit for new babies ($300)
                    • Potential for child care and transportation
                      benefits
                    • Relocation benefit (up to $1000)

                                                                        5

                         Benefits after TAFDC closes
                    • Transitional child care voucher: if needed
                      for work or education/training any time
                      within 12 mos. after TAFDC closes.
                    • Transitional Support Services – if TAFDC closes
                      due to earnings, will get cash stipend for 4
                      months after case closes.
                    • TBA SNAP: TAFDC closes for earnings or
                      other income like Unemployment – SNAP
                      continues for 5 months without counting the new
                      income.

                                                                        6
TAFDC Overview - COVID-19 (Feb. 2021)

                        Who is eligible for TAFDC?
                    Families with dependent children
                       – Child
                          • Under the age of 18, and/or
                          • Age18 and expected to graduate from high school
                            by age 19
                       – Parent or other relative caretaker
                    Pregnant person
                       – Teens: any time in pregnancy
                       – 20 years & up: within 120 days of due date
                                                                              7

                        Financial eligibility overview
                    Asset limit = $5000
                       – Some assets do not count, *including one
                         vehicle*
                    Income
                       – DTA counts unearned income unless exception
                         applies (e.g., SSI is non-countable)
                       – Earned income – deductions/disregards usually apply

                                                                              8
TAFDC Overview - COVID-19 (Feb. 2021)

                             TAFDC grant amount
                    TAFDC amount is based on
                       – # of people included in grant
                       – Countable income (earned & unearned)
                       – Housing situation
                          • Public/subsidized housing or private
                            housing (+$40/month)

                                                                    9

                             TAFDC grant amount
                     Monthly TAFDC amount (no other countable
                     income):
                      # of       Public housing/ Private housing
                      people     subsidized      (no subsidy)
                                 housing

                      2          $540            $580

                      3          $652            $692

                      4          $760            $800

                                                                   10
TAFDC Overview - COVID-19 (Feb. 2021)

                              Benefit Issuance Dates

                                                    1st TAFDC Deposit Date /   2nd TAFDC Deposit
                                Last digit of SSN   SNAP Deposit Date          Date
                                         0                     1                       16

                                         1                     2                       17

                                         2                     4                       19

                                         3                     5                       20

                                         4                     7                       22

                                         5                     8                       23

                                         6                     10                      25

                                         7                     11                      26

                                         8                     13                      28

                                         9                     14                      29

                                                                                                   11

                            Immigrant eligibility rules
                    Complex eligibility rules for non-citizens
                        – Non-citizen parent can apply for eligible child
                          regardless of status
                        – Separate session on this topic later today
                        – TAFDC Advocacy Guide
                        – Consult an advocate
                        – Training on Immigrants and Public Benefits on
                          April 8, 2021
                    Note: Each DTA program has different immigrant eligibility rules.

                                                                                                   12
TAFDC Overview - COVID-19 (Feb. 2021)

                                        Questions?

                                                     13

                                 Client Scenarios

                                                     14
TAFDC Overview - COVID-19 (Feb. 2021)

                                       Email from Maria
                   From: maria@example.com
                   Sent: Sunday, January 31, 2021 5:36 PM
                   To: Bradley, Lisa 
                   Subject: Maria- please help

                   Hi, I have 2 teenagers, David and Jayden. I have no income. My unemployment
                   claim has been held up b/c of some identity issue. I get SNAP but it's not
                   enough to feed my boys who are home 24/7 and eating constantly. Plus, I'm
                   falling behind in rent.

                   My friend said to apply for TAFDC. Problem is I heard DTA will go after my
                   children's father for child support. I'm scared. He was abusive.

                   Can I get TAFDC without DTA going after child support? If I need to get proof,
                   can you help? I'm overwhelmed working with so many agencies right now?

                                                                                                    15

                                     Email from William
                    From: william@example.com
                    Sent: Sunday, January 31, 2021 6:36 PM
                    To: Ginsburg, Lizbeth 
                    Subject: William & TAFDC

                    Attny Ginsburg, My neighbor said to contact you. I am a single dad of two little
                    girls, ages 3 and 4. My delivery job ended and I used up my unemployment. I
                    heard I should apply for TAFDC but I don't know. I hope to work again soon.
                    Unfortunately, the girls' babysitter moved and I don't have anyone else to watch
                    them. I'm stuck.

                    Should I apply for TAFDC?
                    What if I get a new job soon, does that matter?

                    -William

                                                                                                    16
TAFDC Overview - COVID-19 (Feb. 2021)

                                      Email from Lynda
                    From: lynda@example.com
                    Sent: Sunday, January 31, 2021 7:36 PM
                    To: welfare-help@gbls.org
                    Subject: Lynda & Verifications

                    Hey, Can you help again? I am applying for TAFDC. DTA says I have to give
                    proof of my bank account. I only have $20 in my account, maybe even less with
                    the service fee. My online log in is down because I forgot my password too
                    many times & I can't get to the bank.

                    DTA also needs proof that I'm not working at the Burger Joint anymore. That job
                    is old. I can't work anymore because of my fibromyalgia. Boss won't write a
                    letter, says he's not allowed. I really need help.

                    Thx, Lynda

                                                                                                 17

                                          TAFDC Rules
TAFDC Overview - COVID-19 (Feb. 2021)

                            TAFDC rules & COVID
                    Many TAFDC rules are
                    suspended during COVID,
                    including:
                    • Time limit & Work
                       requirement – automatic
                       “COVID-19 exemption”
                    • Job Search at application
                    • Pathways Assessment (PSS)
                    • Verification requirements
                       more flexible

                                                                   19

                         Child support assignment

                    • Parent/caregiver must assign to the state
                      (DOR) the right to seek child support from
                      non-custodial parent(s) for any child
                      getting TAFDC
                    • If refuse to assign, assistance to entire
                      family is denied or terminated

                                                                   20
TAFDC Overview - COVID-19 (Feb. 2021)

                         Child support cooperation
                    • Parent must agree to cooperate with DOR
                      efforts to collect child support unless good
                      cause
                    • If parent doesn’t cooperate and no good
                      cause, TAFDC will be reduced

                                                                         21

                          Child support cooperation –
                                 Good Cause
                    • Good cause for not cooperating
                       – Physical or emotional harm to parent or child
                       – Rape or incest

                    • Alternative to claiming good cause – work
                      with DOR to pursue child support safely

                                                                         22
TAFDC Overview - COVID-19 (Feb. 2021)

                     Child support rules during COVID
                    Child support rules are in effect, but
                       – DTA should accept verbal statement of
                         agreement to assign/cooperate to open
                         TAFDC case, and then mail “absent parent”
                         form for signature (60 days to return).
                       – Good cause can be self-declared – no other
                         proof needed for now.

                                                                                     23

                               Responding to Maria
                    Maria & her 2 sons have no income. Can she apply for
                    TAFDC without DTA going after child support? She
                    is afraid of her sons' abusive father.
                     Maria can apply for TAFDC & ask for good cause not to
                      cooperate with child support enforcement.
                     During COVID, she can self-declare the reason for good
                      cause – she doesn’t need to submit proof.
                     She will still have to sign a paper to “assign” her right to
                      child support to DTA, but DTA won’t take any action.

                                                                                     24
TAFDC Overview - COVID-19 (Feb. 2021)

                                   Immunization
                    • Proof of immunization is required for all
                      dependent children applying for or getting
                      TAFDC unless there is good cause
                    • Can claim good cause for religious or health
                      reasons
                    • If parent doesn’t provide proof, TAFDC will be
                      reduced
                    • During COVID, can be self-declared.

                                                                       25

                         TAFDC & Unemployment
                    • DTA may require TAFDC applicant to
                      apply for unemployment if recently
                      stopped working
                    • Unemployment counts as income for
                      TAFDC purposes so may make family
                      ineligible for TAFDC
                       – Extra $300/week (FPUC) doesn’t count

                                                                       26
TAFDC Overview - COVID-19 (Feb. 2021)

                               TAFDC & Earnings
                    100% earned income disregard for 6
                    months
                       – TAFDC is not reduced due to earnings
                       – Applies if total household income is
                         under 200% of the federal poverty level

                                                                   27

                               TAFDC & Earnings
                    • After the 6-month period, a 50% disregard
                      and $200 deduction is applied to
                      determine if still eligible
                    • May be eligible for 6-month 100%
                      disregard again with different job

                    Note: Clients must still report changes in
                    earnings to DTA!

                                                                   28
TAFDC Overview - COVID-19 (Feb. 2021)

                               Responding to William
                    William has two young children. His unemployment ended. He
                    wants to know if he should apply for TAFDC, even if he'll get a
                    new job soon.
                     Yes, apply and get TAFDC for household of three.
                     If he gets a new job:
                         Eligible for a child care voucher (no wait list)
                         $80/mo transportation benefit
                         DTA doesn’t count earnings for 6 mos., as long as total income
                          is < 200% federal poverty level
                         After 6 mos., TAFDC closes due to earnings. William
                          gets transitional benefits (cash stipend, special SNAP rules for 5
                          mos. & eligible for Transitional Child Care for up to 12 months)

                                                                                           29

                                            Questions?

                                                                                           30
TAFDC Overview - COVID-19 (Feb. 2021)

                       Practical information: how to
                      apply, submit documents, etc.

                              Applying for TAFDC
                          DTAConnect.com (online or smartphone)
                             – Can complete application in English, Spanish,
                               Portuguese, Vietnamese and Chinese
                             – No need to make an account
                             – TAFDC application counts as
                               SNAP application

                          Call local DTA office and leave a message
                          asking for callback to apply

                                                                           32
TAFDC Overview - COVID-19 (Feb. 2021)

                           Application process during
                                     COVID
                    • Submit application online or by phone
                    • Phone interview – telephonic signature
                    • Verifications – DTA sends VC1
                        – DTA accepts verbal statement (self-
                          declaration) for many things
                    • Within 30 days DTA approves or denies
                    • Within 60 days – sign & submit child
                      support form
                                                                     33

                                         Verifications
                    Verifications required at application (TAFDC):
                    •   Identity
                    •   Give Social Security Number(s)
                    •   Relationship to children
                    •   Immigration status (unless opting out)
                    •   Citizenship - only if questionable
                    •   Income & assets*
                    •   Living situation*
                    •   Type of housing* (private/subsidized)
                    •   Immunization*
                    * Can be self-declared during COVID

                                                                     34
TAFDC Overview - COVID-19 (Feb. 2021)

                                         Verifications
                    Verification issues & reminders:
                    • Over-verification
                    • DTA should check information available in data sources
                    • More flexibility during COVID – self-declarations
                       • May be able to self-declare that a job ended
                    • Collateral contacts
                    • See DTA’s COVID verification policies

                                                                                       35

                               Responding to Lynda
                    Lynda applies for TAFDC. DTA asks for verification of her
                    bank account and proof that her job ended. She needs
                    help.
                     Bank account: special COVID rule – can self-declare
                      since bank account does put her over asset limit
                     Proof that job ended:
                        Active Work Number match: submit a signed DORL1 form for
                         DTA for collateral contact
                        No active Work Number match: give a verbal self-declaration
                         that job ended

                                                                                       36
TAFDC Overview - COVID-19 (Feb. 2021)

                          Check TAFDC Case Info
                          DTA Connect mobile app:
                               –   Notices for last 12 months
                               –   Case status
                               –   Upload documents
                               –   Update contact info

                          DTAConnect.com – online portal:
                               –   Notices for last 12 months
                               –   Case status & EBT deposit history
                               –   Upload documents
                               –   Request new EBT card
                                                                                                 37

                      Submitting documents to DTA
                    • Upload via DTA Connect app or online account
                      (fastest option – goes right into client’s DTA case
                      record)
                    • Fax to 617-887-8765
                    • Mail to:
                          DTA Processing Center
                          PO Box 4406
                          Taunton, MA 02780

                          Put DTA Agency ID or last 4 of SSN on the top of each page if faxing
                          or mailing documents.

                                                                                                 38
TAFDC Overview - COVID-19 (Feb. 2021)

                         Reporting changes to DTA
                    • Report changes within 10 days – best to
                      report changes in writing
                    • What changes matter for TAFDC?
                       – New income or change in income
                           • Earnings
                           • Unemployment, SSI, child support, etc.
                       – Someone moves into or out of household
                       – New assets
                       – Change in address or phone number
                                                                                         39

                                        Reevaluation
                   • Every 6-12 months
                   • May or may not be at same time as SNAP recertification
                   • Process:
                        Notice of appointment for phone interview
                        Phone interview:
                         o Can verify some information verbally
                         o Can “sign” application verbally
                        DTA sends Verification Checklist for any remaining verifications
                        DTA sends notice approving reevaluation or stopping TAFDC if
                         reevaluation isn’t completed or if review shows no longer eligible

                                                                                         40
TAFDC Overview - COVID-19 (Feb. 2021)

                                        Questions?

                                                       41

                            Protections for specific
                                 populations
TAFDC Overview - COVID-19 (Feb. 2021)

                                   Disability Access &
                                    Accommodations
                    • DTA Client Assistance Coordinators (CACs)
                       – CAC contact info during COVID-19
                    • Common accommodations
                       –   Help with forms, verifications, understanding notices
                       –   Reminder calls
                       –   Sign language interpreter
                       –   Large print notices
                    • See DTA’s Disability Access Info & CAC
                      brochure

                                                                                              43

                     Domestic Violence Protections
                    • Block online & automated phone services – can
                      request verbally
                    • Heightened Level of Security (HLS)
                       – During COVID-19, HLS cases handled by DTA
                         Ombuds Office.
                       – Request via HLS form (English and Spanish)
                       – Also blocks online and automated phone services
                    • DV Specialist in each DTA office
                           If issues with DTA rules because of DV - contact DV specialist and/or
                           legal services.

                                                                                              44
TAFDC Overview - COVID-19 (Feb. 2021)

                                Language Access
                    • Right to interpreter!
                    • DTA notices only available in English & Spanish
                    • DTAConnect.com in 5 languages
                    • Some DTA brochures available in additional
                      languages
                    • DTA texts/emails in English and Spanish

                                                                        45

                               Problem Solving &
                                 Advocacy Tips

                                                                        46
TAFDC Overview - COVID-19 (Feb. 2021)

                      TAFDC Advocacy Resources
                    • Check the TAFDC regulations & DTA’s
                      Online Guide
                       – DTA Regulations
                       – DTA Online Guide (polices & procedures)
                    • TAFDC Advocacy Guide (but not updated
                      with COVID-specific info)

                                                                   47

                     Problem Solving – Advocacy Tips
                    • Contact Assistant Director or Director of
                      local DTA office (use Assistance Line for
                      automated info only)
                    • Contact DTA Ombuds Unit: 617-348-5354
                      or email sara.craven@state.ma.us
                    • Will need a release giving DTA permission
                      to talk to you (sample English & Spanish)

                                                                   48
TAFDC Overview - COVID-19 (Feb. 2021)

                          Appealing a DTA Decision
                    • How to file appeal
                        – Call DTA Division of Hearings at 617-348-5321 & leave
                          message
                        – Fax appeal form or written request for hearing to 617-348-
                          5311
                    • When to appeal
                        – Within 90 days of date on notice under appeal
                        – For continued benefits while appeal is pending (aid
                          pending), appeal before the date the change takes effect
                    • Contact Legal Services for possible representation

                                                                                     49

                                  Resolving Appeals
                    •    Gather DTA Documents
                        – Notices, Narratives, Scanned Documents, etc.
                        – Obtain info. from DTA Connect, DTA
                          supervisors & management, Ombudsman Unit
                    •    Review Rules
                        – DTA Regulations
                        – DTA Online Guide (polices & procedures)
                        – DTA Fair Hearing Regulations
                    •    Help Obtain Missing Evidence

                                                                                     50
TAFDC Overview - COVID-19 (Feb. 2021)

                BL12

                                   Resolving Appeals
                       • Negotiate with DTA Management
                          – Assistant Directors, Directors, Central DTA
                          – Submit Required Proof
                          – Request Prehearing Adjustment 106 CMR
                            343.350(B)
                          – Assert De Novo Rule 106 CMR 343.500(A)
                       • Right to Postpone Hearing if Good Cause
                       • Hearings- telephonic during COVID-19

                                                                           51

                       Problem solving – advocacy tips
                       Referring cases to GBLS Welfare Law Unit:
                       • If client lives in Greater Boston area (check
                         service area)
                          • 617-603-1806, or welfare-help@gbls.org
                          • We will use interpreter, provide disability
                            accommodations as needed.
                       • Other areas: Find Legal Services in other parts
                         of Massachusetts

                                                                           52
Slide 51

BL12       When I try to enter a link, it doesn't work. Can you link both regs to the Fair Hearing Regs?
           https://www.mass.gov/doc/chapter-343-fair-hearing-rules/download
           Bradley, Lisa, 2/3/2021
TAFDC Overview - COVID-19 (Feb. 2021)

                                        Questions?

                                                     53
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