TAFDC Overview & Changes During COVID - Mass ...
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
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 - 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 - 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
You can also read