EMERGENCY AID FOR THE ELDERLY, DISABLED, AND CHILDREN
Lisa Siegal, MSW, from the Welfare Law Unit of Greater Boston Legal Services (GBLS), explained Emergency Aid to Elders, Disabled, and Children (EAEDC) at the January CRC Info Session.
Ms. Siegal urges social workers to refer clients to GBLS if they need assistance applying for EAEDC or if they were denied EAEDC. There are many rules that create confusion, resulting in the denial of people despite their having a right to the benefit.
What is EAEDC?
EAEDC is a state funded program run by the Department of Transitional Assistance (DTA). It is for individuals with no dependents, who receive limited or no other financial benefits. It is a cash grant that is distributed to recipients twice a month on an EBT card, which works like an ATM card. The EBT card carries both cash assistance and food stamps.
The amount of the grant depends on living arrangements, such as if an applicant lives in private or subsidized housing. The maximum amount a person paying rent in subsidized housing can receive is $303.70 per month. A person living in a homeless shelter is eligible for a maximum grant of $92.80 per month; a person living in an institution is eligible for a maximum grant of $60 per month. Ms. Siegal suggested that if a person is in a situation where they can pay rent (i.e., living with their parents), they should, even if it is a small amount.
Recipients of EAEDC also receive MassHealth Basic, and are most likely eligible for Food Stamps, barring problems related to immigration issues.
Who is Eligible?
Recipients of EAEDC must be residents of Massachusetts. There are also categorical and financial eligibility requirements.
Categorical:
- Unable to work due to a physical or mental incapacity which has lasted or will last at least 60 days; or
- Over 65 years old and waiting for Supplemental Security Income (SSI) payments to begin; or
- Caring for a child living in the home and not related to the individual; or
- Participating in a Massachusetts Rehabilitation Commission program; or
- Required to be in the home to care for an incapacitated individual who would otherwise have to be institutionalized.
(-Updated 2/10 from "About DTA", DTA publication,January 2010)Financial:
- Assets – limited to $250 for a single person and $500 for a married couple
Non-countable assets, include, but are not limited to:
- Home, including belongings in the home
- Earned Income Tax Credit
- Car – the first $1500 of equity value (fair market value minus any loans/liens). The car can be brought to an auto shop to document any body or mechanical problems that would lower the fair market value.
Countable assets include, but are not limited to:
- Cash, on hand or in a bank account,
- Stocks and bonds
- Life insurance and/or burial insurance policies – based on the value if it were to be sold
- A person’s share of a jointly held asset.
- Special rules for victims of domestic violence, who don’t have access to an asset, may apply
- Income
Non-countable income, includes but is not limited to:
- Money from social service agencies providing assistance to the recipient
Countable income, includes but is not limited to:
- Unemployment Benefits
- Pension
- SSI
- Social Security
DTA uses a formula for determining if someone with income qualifies for EAEDC. Unfortunately, folks who are working are often, although not always, disqualified.
An applicant must apply for SSI at the same time they are applying for EAEDC as a disabled person. If they are approved for SSI, they must pay back DTA. The money is usually taken directly from the retroactive check from SSI. A recipient of EAEDC must also pay back DTA if they receive a financial settlement related to an accident or injury for which they received EAEDC benefits.
If someone has cash assets that are more than the asset limit, they should not purposely get rid of money to receive welfare benefits. They should talk with GBLS about acceptable ways to spend down the asset.
How to Apply
An applicant should go to their local DTA office and request to apply for EAEDC. Find a local DTA office. Receptionists or in-take workers may tell the applicant they aren’t eligible, but social workers should advise patients to submit an application regardless and talk with GBLS if the applicant is formally denied. If the intake worker is unable to meet with the patient on their first visit, they should sign a “Request for Assistance” form to protect the date to which assistance will go back if they are approved. Also, the patient has a right to an interpreter, and may be asked to come back at a later time when someone is available. They should also sign the “Request for Assistance” form in this case when they are initially at the welfare office applying for EAEDC.
If approved, the applicant will receive a letter stating the amount of the benefit and when they will begin receiving the money. GBLS recommends that one reapply, starting the process over again, while also appealing the denial. The appeal form is on the back of the notification letter. Applicants should contact GBLS for assistance if they choose to appeal.
Helping People Apply for Disability
To prove disability, the Disability Supplement and the EAEDC Medical Supplement forms must be submitted with the application.
The Disability Supplement form is filled out by the applicant. Ms. Siegal recommends social workers assist their patients, and that they write down every ailment the patient has, from headaches to difficulty reading. Make sure the patient signs releases for each doctor treating them. If asked, the DTA worker is required to assist them in completing the application, however, it is better that paperwork be completed by those who actually know the patient’s impairments.
A patient must have a doctor (MD, PhD, PsyD, EdD) sign the EAEDC Medical Report. However, the social worker, with the physician, can fill out the form, as long as the physician signs it. On page 2 of the form, under Disability, either box 3 or box 4 must be checked off, stating the applicant has a disability that will last at least 60 days. If applicable, indicate that the disability will last longer than 60 days so the patient does not have to reapply again in 60 days. Put as much information available to you in the form. If the physician or social worker does not have information about a condition, such as mental health or learning issues, do not state it is “normal “or “not a problem”. Instead state “don’t know” or “untested”. If a physician is unwilling to complete the form, educate them about the disability criteria, which is not as strict as SSI, and explain that EAEDC provides cash assistance to people who need it so they can focus on getting well. If a physician wants to see the disability standards, contact GBLS, or view Section 320.200 at www.mass.gov/eohhs/docs/dta/g-reg-320.pdf.
The completed forms are sent to UMass Disability Evaluation Services (DES) for review. If UMass/DES determines there is not enough information, they will send the patient to meet with a physician contracted by their agency. This is called a Consultative Evaluation.
A person applying for EAEDC based on disability will begin receiving assistance once all of the paperwork is submitted to DTA, while they are waiting for a decision, if they meet the additional criteria. If DES then denies the disability claim, the applicant has 90 days from the date of the DTA denial notice, to appeal, but must do so in 10 days to continue receiving benefits during the appeal process. If they are denied, they do not have to repay the money they received prior to the initial denial, but may be required to payback money received during the appeal if they lose at the hearing. In order to win at a hearing, recipients must bring medical evidence that they meet the medical standards as defined by the welfare department. They have to bring proof that they are in fact disabled.
Advocacy Tips
It is ideal if an applicant brings all necessary paperwork with them to the DTA office on the first visit. This generally includes:
A social worker can assist a patient during the application process by:
-Thanks to Lisa Siegal for her thoughtful presentation and assistance in editing this article.
01/2006