Self-Help Centers Public Benefits Crossover Issues AOC Conference San Francisco, California April 29, 2010 Legal Services of Northern California Fighting for Justice, Promoting Fairness
Self-Help Centers Public Benefits Crossover Issues
AOC ConferenceSan Francisco, CaliforniaApril 29, 2010
Legal Services of Northern CaliforniaFighting for Justice, Promoting Fairness
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Session Goals
Review of Main Aid Programs
Focus on CalWORKs & DV Crossover with Family Law
Cases Crossover with
Guardianship for Relatives Q & A
Public Benefits
Program “Spotting”
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Main Cash Aid ProgramsChildren=CalWORKsAdults w/o Kids=GR/GADisabled=Social Security
Disability (Poor=SSI) or State Disability Insurance
Elderly=Social Security (Poor=SSI)
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Health Care ProgramsSSI & CWs=Medi-Cal
Social Security=Medicare
GR/GA=County Health Care County hospitals, clinics,
CMSP
Children=Broader CoverageMedi-Cal, Healthy Families
Working Poor-Possibly Medi-Cal
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Health & Welfare Rules:Common Factors Poor Enough: Income &
Resource Limits
Conduct EligibilityWork
Procedural Hoops Reporting incomeOther reporting
CalWORKs
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CalWORKs
What Does it Pay?
Monthly Cash AidEmergency Cash Aid
Homeless/Housing $$Immediate Need $$Diversion Payments
Welfare to Work ServicesMedi-Cal & Food Stamps
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CalWORKs
Who Gets Help?
Adults Caring for Related Children
Children 18 & Under When Parent Is “Deprived”
Death, absent, underemployedCan be 2 parents if
unemployed or disabledCalifornia Residents
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CalWORKs
Who Gets Help (cont’d)
Citizens or Legal Immigration StatusU, T and VAWA eligibility
Mixed FamiliesDocumented &
Undocumented Who are Poor Enough
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CalWORKs Income/Asset Limits
Below Income Cap (see chart) Aid table (Benchmark)
Below Resource Cap (see chart)$2k or $3k for house w/indiv’l
w/disability$4650 of car not counted – rest
counts against limit
Social Security Supplemental Income (SSI)
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Social Security
What Does it Pay For ?Social Security - Aged,
Disabled, Retired
Worked enough Few income issues, no resource
limits
Monthly Cash Aid
Varies--based on earnings
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SSI
What Does SSI Pay For?Monthly Cash Aid
$845 (blind-$908)
Medi-Cal Maybe Medicare
In Home Care –(IHSS)
No Food Stamps ($$ in SSI Check)
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SSI
Who Gets SSI?Poor Aged or Disabled
Including disabled children Immigrants—State $$ if no
Federal $$
DisabledOver 12 monthsUnable to work anymoreKids—daily activities limited
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SSI
Income/Assets Limits Income Limits
Resource Limits$2,000 for single adults
$3,000 for couples
General AssistanceGeneral Relief
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General Assistance What Does It Pay For?Monthly Cash Aid
Very low---$221 in LAMaybe emergency $$Time limits on aid
SSI Application Help (maybe)Limited Help Finding a JobCounty Health Care Food Stamps
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General
Assistance Who Gets GA?
Singles, Couples w/o Children
Not Eligible for Any Other ProgramElderly, Disabled not on Social
Security
Homeless, Veterans, People with Physical & Mental Health Issues
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General
Assistance Income/Asset Limits
Below Income & Resource CapsIncome--counties set--varies Resources—county sets
LA $50.00“Last Resort”
100% county fundedMoney is a loan not grant
Food Stamps (“SNAP”)
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Food Stamps
What Does It Pay For? Food (or needs to make food)Amount Depends on Income,
Housing Costs, Other Monthly Expenses
Amount Varies by Family SizeFor 1 Person maximum is
$200/monthFamily of 5=$793/mo. maximum
Emergency Food Stamps in 3 Days
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Food Stamps
Who Gets It?
FamiliesSingle AdultsWorking Poor Disabled on Social Security
(not SSI)SSI—Cashed out—in SSI
monthly grant
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Food Stamps
Income & Assets Limits
Income Limits See chart
Asset limits: $2,000 $3,000 seniors & disabled
No Asset Limit for a Family with Children (not on CalWORKs)
Health Programs
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What Does Medi-Cal Pay For? Health Care
Drs, hospitals, very limited dental
Medically Necessary & Prior Authorization
Emergency Care is Broader Early Diagnosis & Treatment
for Children (EPSDT)
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Medi-Cal
Medi-Cal—Who Gets it?
Aged, Disabled or Caring for Minors
Citizen or Legal StatusBroader than CW and FS
Poor, Working Poor, Children, Over 50 “Programs”, Based on
Income, Disease, Children, Emergencies, Etc
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Medi-Cal
Income & Assets Limits
Income Limits See chart--varies by program
Asset Limits: $2,000 or $3,000 for seniors & disabled Some programs --no asset
limit (% of poverty)
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County Health
County Health
County’s Own ProgramOwn rules, but close to Medi-
Cal in most places
County is in CMSP (State Pooled) ProgramRun by Blue Cross, rules on-
line
CalWORKs: Special Issues
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Special Issues for CalWORKs Families
Special Rules for Survivors of Domestic Violence
Family Law Case Issues
Guardianship Issues
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CalWORKs Special Issues-DV
DV Survivors & CalWORKs Counties Must Ensure Safety and
ConfidentialityIn officesWith contracted service providers
Allow Use of Safe At Home Address
Ensure Flexibility with Rules, Process E.G. tailoring WtW plans
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CalWORKs Special Issues--DV
Domestic Violence Waivers
D.V. Waivers--Any Program RequirementIf difficult to escape abuse, or more likely to return, orRule unfairly penalizes family
May Waive Retroactively, Even When Timed Off of Aid
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CalWORKs Special Issues--DV
Child Support Waivers Must Help County Collect
Assign rights to countyCooperate or 25% penalty
DV Good Cause ExceptionsRefer to legal aid for help
$50.00/mo. to Family if County Collects (“pass through”)
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Special Programs D. V. & CalWORKs
Immigrant Survivors of ViolenceVAWA—D.V. Survivors Victims of Crimes
U—certain violent crimes T—trafficking
Get CalWORKs, Medi-Cal & Food Stamps
Refer to Legal Services for Help
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Selected Crossover Issues CalWORKs & Self Help Divorce Cases
Child support issues Joint custody & visitation issues Structuring settlements to
maximize cash aid
Guardianships v. Foster Care
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CalWORKs Crossover Issues
Child Support Issues
“Go to Work” OrdersLimits on Judges ability to order if
it conflicts with Welfare to Work plan
Barron v. Martinez, 173 Cal. App. 4th 293
Imputing Income to ParentsCan’t impute income if primary
caretaker of very young childCounty of Yolo v. Garcia, 20 CA4th
1771
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CalWORKs Crossover Issues
Custody & Visitation Issues Joint Physical Custody or
Secondary Custody = May Lose Cash AidParent needs care & control of
childMust be “1st to the door” if 50-50
Visitation -- Gone for One Entire Calendar Month, No Cash Aid!
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CalWORKs
Crossover Issues
Assets & Settlements
Cash Payout or Equalization Payment Will Lose Cash Aid
Structure to Avoid Loss of Aid Pay off credit cards—no lossPay off past rent & mortgage---no
lossFuture mortgage/rent –pay only
part to lender/landlord no loss, but risky?
Relatives & Guardianship Issues
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Programs for Relative Caregivers
CalWORKsFoster CareKin-GapAdoption Assistance
Separate or with CalWORKs
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Guardianship or Foster Care?
Guardianship Gets You…The right to make decisions for childClarifies authority with schools,
othersCan easily undo if parent returns
Some Think Need for CalWORKs $$Do not need for CWs Guardianship means no foster care $$
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Guardianship or Foster Care?Foster Care Gets you
More $$Help (maybe) to get parents
back on trackLegal protections from troubled
ParentsFoster Care risks
Court/CPS must undo Alienation of relatives Termination of parental rights (2
years)
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Illegal Detentions
CPS Does Not “Remove” ChildrenRelatives agree to care for
childrenTold to get guardianshipNot informed of foster care
Impact: No Petition, No Foster Care, Less $ to Caregiver, No Reunification w/Parents
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Financial Impact Guardianship v. Foster Care
If Need Aid….SSI children/no impactCalWORKs Children
Family grant vs. per child aidLimited and much lower special needs
No clothing allowanceUndoc's Children
No CalWORKs eligibility vs. county foster care
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Guardianship Timing If Get Guardianship before
Foster CareUnless Children Return to
Parents, Permanently Lose FC option and servicesKin-gap optionsAdoption assistance
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Foster Care Help at Legal AidKnow Local Legal Aid &
ReferEven if don’t normally handle
foster care/illegal detentions, can refer
Resources for training available for them
NOTE: Best to refer for screening, eligibility for FC review needed, and efforts to obtain FC can be complicated
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Resources
CalWORKs Manual Foster Care ManualFood Stamp GuideMedi-Cal GuideCMSP RulesSee List of Websites
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Contacts
Jodie Berger, Regional CounselLegal Services of Northern California; [email protected]
Julie Rivera Coo, Supervising Attorney Neighborhood Legal Services
[email protected] Kate Meiss, Supervising Attorney
Neighborhood Legal [email protected]