Overview of income maintenance and Benefits programs Monica Bogucki, BSW, JD 2017 copyright

Identifying programs and options for a client in need “holistic” approach to identifying programs and options for client in need “holistic” interviewing Asking open ended questions to hear what me might otherwise miss Treating the client with the utmost respect and dignity

Work related sources of income and Benefits Workers Compensation Short Term Disability Long Term Disability Minnesota Unemployment or Reemployment Insurance Health Insurance COBRA coverage Family Medical Leave

Unemployment insurance State administered and employer funded Minnesota Department of Economic Security Minn. Stat. chapter 268 et. seq. www.lawhelpmn.org http://www.uimn.org/uimn/applicants/howapply/info-handbook/info-handbook-intro.jsp

Not eligible for unemployment If employee quits without good cause If employee was fired for misconduct If employee is physically unable to work.

Serious Illness Exception An applicant is eligible to receive unemployment benefits if : the applicant quit the employment (i) because the applicant's serious illness or injury made it medically necessary that the applicant quit; or (ii) in order to provide necessary care because of the illness, injury, or disability of an immediate family member of the applicant. This exception only applies if the applicant informs the employer of the medical problem and requests accommodation and no reasonable accommodation is made available. Minn. Stat. 269.095

Social Security Disability Programs Two disability and retirement programs available to individuals: Supplemental Security Income (SSI), Code of Federal Regulations, 20 CFR part 416 Retirement, Survivors Disability Insurance(RSDI), Code of Federal Regulations, 20 CFR part 404 Discuss statutes and rules through FAPA and MAPA

Social Security Disability Programs Social Security Administration Disability Programs SSI-Supplemental Security Income Need Based Program Income and Asset limits Retirement, Survivors, Disability Insurance Program NOT a Need Based Program

Advantages of SSI and RSDI No time limit Usually means more money per month for the family Important to shift clients from MFIP to SSI/RSDI if the client is qualified

Supplemental Security Income (SSI) For individuals who have not accumulated enough work quarters to qualify for RSDI. Flat monthly cash amount of $ 735.00 for an individual (Cost of Living Increases annually) This is a need based program which means an individual has to be categorically and financially eligible (within income and asset limits).

Categorical Eligibility for SSI and RSDI Blind Disabled or At least 65 years old 20 CFR 404, 416 There are other categories for survivors through the RSDI program.

Those who can get social security benefits-SSI and RSDI Children-disability or survivor Adults-retirement, disability or survivor

Income can affect SSI benefits Some income can reduce SSI benefits. This can generate overpayments. If a recipient is receiving SSI benefits based on disability, if this recipient regularly earns Substantial Gainful Activity (SGA), that individual can be found no longer disabled. SGA for blind individuals $1,950.00 SGA for non-blind individuals $1,170.00 www.ssa.gov

SSI is a need based program SSI is a Need Based Program and has asset limits. 20 CFR 416.1205 Countable resources must not be more than $ 2,000 for an individual $3,000 for a couple

Retirement, Survivors, Disability Insurance (RSDI) Survivor of a qualified wage earner This is NOT a need based program. No Asset limits But there are some income limits. 20 CFR 404 et. seq.

Social Security Disability Determination-SSI and RSDI SOURCE: Authors' illustration adapted from Lahiri, Vaughan, and Wixon (1995).

Representative Payee If Social Security Administration determines that an individual is unable to manage her own social security funds, SSA can require a representative payee be appointed to manage the recipient’s funds. A recipient has the right to appeal this decision.

State supplemental programs Some states supplement elderly and disabled individuals Minnesota Supplemental Aid, Minn. Stat. section 256D.33 State funded and county administered http://mn.db101.org/mn/programs/income_support/msa/program2a.htm This website has charts which estimate the MSA benefit.

Medicare Federal health insurance program for 65 years and older or Individuals receiving RSDI www.medicare.gov

Medicare Part A-hospitalization coverage Part B-doctor and outpatient Part D- prescription drug plan Private Medicare supplemental plans

Medical Assistance Combined Federal and State program- Provides medical coverage for qualified low income individuals and families Provides medical coverage for long-term health care such as nursing home facilities. Gaps in coverage Dental, medical equipment, hearing aids, etc…

Minnesota Care Monthly premium is based on income and family size. State funded program. Minn. Stat. 256L et. seq.

MN Sure Minnesota’s version of health care exchange Individuals can apply for health insurance through this. www.mnsure.org

Supplemental Nutrition Assistance Program (SNAP) Formerly known as food stamps (terms are usually used interchangeably) Federal program created through the United States Dept. of Agriculture, 7 Code of Federal Regulations part 200 et. seq Cost of living adjustment every year National resource, Food Research and Action Center (FRAC), www.frac.org

SNAP Can be used as a stand alone benefit If a client is not eligible for a cash benefit program, she may still be eligible for SNAP as a stand alone benefit. Remember that working low income individuals and families may qualify for SNAP

Snap Asset Limits “USDA policy allows household asset limits to be set at $2,250 in countable resources (e.g., checking/savings account, cash, stocks/bonds). Households with at least one member who is age 60 or older or a member living with a disability may have up to $3,250 in resources. Some states have opted to apply no asset limits or higher asset limits as well as higher gross income eligibility levels.” www.frac.org USDA has more information on state asset limits (pdf).

Summer school breakfast and Lunch program

Expedited or emergency SNAP/Food stamps If you are eligible they have to give you the expedited food stamps within 5 days and sometimes less. You do not need to be without food.

Eligibility for Expedited SNAP-Food stamps 1. Show that your rent, utility bills is more than your monthly income or cash on hand OR Show that your gross income is less than $150.00 per month and that you have less than $ 100.00. Education for Justice Fact Sheets, Expedited (Emergency Food Stamps) by Mid-Minnesota Legal Aid and Legal Services State Support www.lawhelpmn.org

Eligibility for Expedited SNAP-food stamps There is no waiting period to receive these benefits. An applicant cannot be required to use food shelves before receiving these benefits Migrant farmers are eligible to receive these benefits Education for Justice Fact Sheets, Expedited (Emergency Food Stamps) by Mid-Minnesota Legal Aid and Legal Services State Support www.lawhelpmn.org

Women, Infants and Children (WIC) program Supplemental nutrition program for low income pregnant women, breastfeeding mother’s and children. http://www.fns.usda.gov/wic/about-wic-wic-glance

Immigration issue-public charge Refer non-citizens to an immigration attorney for legal advice prior to referring them to apply for government benefits. When some immigrants try to improve their immigration status, they will be asked if they have been a “public charge.” If they have been a “public charge,” they will not be able to improve their immigration status. Receiving certain kinds of public assistance will constitute being a “public charge.”

Emma Emma is 60 years old and has been working low income jobs. She was recently laid off from her job. She is starting to have physical and mental health issues. She is facing eviction and is unable to rent due to past rental history and criminal history. She has a roommate and they want to continue to live together. Currently, she has no income and not on any benefit program.

Public interest lawyers Recognizing need based programs-income and asset limits Recognizing clients’ eligibility for programs Recognizing special benefits of programs-such as family violence waiver for MFIP-S

In Your practice What benefit programs are your clients and their family members receiving? Have clients bring in all of their written notices If the client cannot remember what programs-ask client where they can go for their benefits Get the name of the clients’ financial worker, including phone number and case numbers Do they have an electronic benefit (EBT)card?