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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.orghttp://

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.

SOCIAL SECURITY DISABILITY PROGRAMSTwo 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

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 $ 733.00 for an individual

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

THOSE WHO CAN GET SOCIAL SECURITY BENEFITS-SSI AND RSDI

Children-disability or survivor

Adults-retirement, disability or survivor

SSI ASSET LIMITS

Automobile exclusion

“One automobile is

totally excluded regardless of value if

it is used for transportation for the individual

or a member of the individual’s

household.”

20 CFR 416.1212

SSI ASSET LIMITS

Home is an excluded resource regardless of value.

20 CFR 416.1212

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 SGA, that individual can be found no longer disabled

RETIREMENT, SURVIVORS, DISABILITY INSURANCE (RSDI)

Retirement Disability 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.

SOURCE: AUTHORS' ILLUSTRATION ADAPTED FROM LAHIRI, VAUGHAN, AND

WIXON (1995).

Social Security Disability Determination-SSI and RSDI

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.

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.

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

Eligibility:

1. Show that your rent, utility bills is more than your monthly income or cash on hand OR

2. 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

1. Recognizing need based programs-income and asset limits

2. Recognizing clients’ eligibility for programs

3. 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?