Lisa Siegal, MSW, and Rita Cheresnowsky from the Welfare Law Unit of Greater Boston Legal Services (GBLS), explained Transitional Assistance to Families with Dependent Children) at the April 2006 CRC Info Session.
Ms. Siegal and Ms. Cheresnowsky urge social workers to refer clients to GBLS if they need assistance applying for TAFDC or if they were denied TAFDC. There are many confusing rules that result in inappropriate application denials. Given the difficulty of trying to memorize all the TAFDC rules, they recommend learning enough to be able to spot issues and refer when appropriate.
Recipients of TAFDC receive MassHealth Standard, a benefit they can keep even when they no longer receive TAFDC. They are generally also eligible for food stamps. Recipients also may get child care vouchers, though the parent(s) must meet the work requirements to qualify for this benefit.
Families can get TAFDC for a maximum of 24 months during a five-year period, unless they are exempt or qualify for an exemption. Even if the 24 months are not consecutive they count against the time limit.
Ms. Siegal explained that extensions are difficult to get, and may be brief.
To qualify, applicants must meet both categorical and financial limits. Categorical eligibility includes children and certain adults legally responsible for children. Single or two-parent families may qualify as may caretakers of a relative child or a child for whom they have legal custody. A woman in her last four months of pregnancy may also be eligible.
Financial eligibility is based on earned vs. unearned income. Income limits are based on a formula that takes into account factors such as family size, living situation, and ability to work. An applicant must have less than $2500 in countable assets. SSI does not count toward income and assets, however unemployment and child support payments do count.
Ms. Siegal said most people receive larger cash grants if they do not have a job when they apply for TAFDC, and get one after they start receiving the benefit.
After welfare reform became effective in 1996, rules regarding immigrant documentation and eligibility became complicated. Ms. Cheresnowsky said DTA discourages immigrants from applying more often than they should. It is not possible to say whether receiving welfare will affect a person’s ability to get a green card, as that decision is based on the perspective of the presiding judge. Ms. Cheresnowsky pointed out that if a person needs food and money to get by, it might be their only choice. However, receiving TAFDC will not affect one’s ability to become a U.S. citizen if one already has a green card. Because there is a certain threshold of income required to petition for a relative to come to the U.S., a person on TAFDC would most likely be ineligible to petition. If domestic violence is involved in any case where immigration is also an issue, refer to GBLS for advice because there are special protections for victims of domestic violence, even for those who are undocumented.
An undocumented parent can get benefits for their citizen children. When applying they need to state that they wish to “opt out” of benefits. However, all of their income must be reported. DTA says they will only report an undocumented immigrant if the person shows them a deportation order. If an applicant has a sponsor and does not want the sponsor’s income to be reported, the parent can opt out of the grant.
Ms. Cheresnowsky recommended contacting her when working with a non-citizen client.
One product of the 1996 welfare reform act was the family cap – based on the belief that women were having more children to increase their TAFDC benefits. If a woman becomes pregnant while already receiving TAFDC the family will not receive more money for the child. In addition, “family cap children” do not exempt the mother from work requirements after the first three months, whereas women are exempted from work until previous children are two years old (see “The Work Requirement”, below). Exceptions include forced sexual intercourse, domestic violence, or if a woman becomes pregnant after being off TAFDC for 20 months. Social workers can help identify these exceptions, and can write a letter of verification. A social worker does not have to vouch for the honesty of the claim, only that the client told the social worker of the situation.
Applicants should go to the local DTA office and request to apply for TAFDC. Advocates should advise applicants that receptionists or intake workers may tell the them they aren’t eligible, but to submit an application anyway, and to talk with GBLS if they are formally denied.
An intake worker will help with the application. If the intake worker is unable to meet with the patient on his or her first visit, the applicant should request and sign a “Request for Assistance” form. This formally establishes the application date. If approved, benefits should be retroactive to this date. Applicants have a right to a FREE interpreter, and a social worker may write a note stating this for the patient to give the receptionist. She or he may be asked to come back at a later time when someone is available. In this case, they should also sign the “Request for Assistance “form to protect the date of their first attempt to apply for TAFDC. An applicant should not use a child as an interpreter, even if asked to do so by DTA.
If a patient is unable to get to a DTA office because of a disability, she or he can request an “accommodation,” or a phone interview or home visit. This request works best when an advocate contacts DTA for the patient. A social worker should not just speak to the receptionist, but should ask to speak to the assistant director. Explain who you are and why you are asking. People have the right to an accommodation.
Single parents must complete an “absent parent” form. Applicants should supply whatever information they have about the other parent, as the state will hope to collect child support. If appropriate, the custodial parent can state that they don’t want to cooperate with child support for fear of mental or physical harm to self or child.
Applicants need to provide their social security number. If they do not have one, a dummy number will be issued.
Once the application is submitted, the applicant receives a list of verifications they need to provide DTA. These will include bank account information, immunization records, and proof a child is in school. This is where many applications get bogged down. Advocates can help by faxing documents to DTA and calling the welfare worker to confirm they were received. DTA has a duty to assist, but such assistance won’t usually be readily offered.
Once the application is complete, DTA has 30 calendar days from the date of application to approve or deny the application. An advocate can help expedite the decision by calling the intake worker to check the status.
If approved, the applicant will receive a letter stating the benefit amount and start date.
If denied, they will receive a letter stating the reason for denial. They have 90 days to appeal. If someone receiving TAFDC receives a notice of stoppage, they have 10 days to appeal, which will immediately put a hold on the stoppage. However, if they lose their appeal, DTA has a right to ask for back money. Contact GBLS for assistance with any appeal.
Unless a person receiving TAFDC is deemed exempt, they must meet work requirements. The work does not have to be paid. It can be community service, education or job training, job search, or a combination. A person with a child age 2-6 must work 20 hours a week; age 6-8 years must work 24 hours a week; and 9 years or older, 30 hours per week.
Exempt from work requirements:
If a person is exempt, the 24-month rule also does not apply to them.
Disabled parents must complete the disability supplement. The first time a form is turned in, DTA operates under the presumption of truth and the clock stops while the form goes through the review process. If the disability is denied, DTA sends a letter, the amount of the grant decreases, and they are told to start working. They may appeal within 10 days. If they miss the appeals deadline, they can apply a second time, but DTA will require proof, including a “Good Cause Medical Statement” signed by a physician. This form can also be co-signed by a social worker. Social workers can help negotiate the completion of the form with physicians, making sure every symptom experienced by the patient is included.
If a parent is taking care of a disabled family member, it does not have to be round-the-clock care to qualify. Disabilities can include, for example, attention deficit disorder. A “Verification of Disability” form needs to be completed, detailing the child’s disability and the extent of care the child requires, and stating that a family member must be in the home. Ms. Siegal gave an example of a child who keeps a parent awake all night, making it impossible for her or him to work during the day. Social workers can assist in providing an accurate description of the situation by asking the parent what things are like at home.
-Much thanks to Lisa Siegal and Rita Cheresnowsky for their presentation.05/06