SEALS PROGRAM UPDATE AND TAFDC ADVOCACY TIPS

Happy 2008! The collaboration between the Social Services Department at Massachusetts General Hospital and the Welfare Law Unit at Greater Boston Legal Services (the SEALS Project) grows stronger daily. Since the partnership began in September 2007, the Social Services department has referred 40 cases to the Welfare Law Unit for assistance with benefits issues. Advocates in the Welfare Law Unit have consulted on, provided referrals for, or accepted each of these cases for representation.

This month, the SEALS Project provides tips on helping individuals applying for benefits and tries to demystify the financial eligibility requirements for families with minor children applying for cash assistance.

Financial Eligibility and TAFDC Benefits
There are two financial eligibility tests that applicants must pass in order to secure TAFDC benefits. The first test, "the 185% Gross Income Eligibility Test," compares the gross countable income of the family to 185% of the federal poverty line based on the number of people in the household.

The Gross Income Eligibility Test is designed to screen out families who would otherwise be eligible based on their net income only. There are 4 different "Gross Income Eligibility Tests" and corresponding tables depending on whether the parent is subject to the TAFDC time limit and whether the family is in private or subsidized housing.

If the family’s gross countable income exceeds the Eligibility Standard for its size, then the family is ineligible for TAFDC. If the family’s gross countable income is equal to or less than the Gross Income Eligibility Standard, then the family moves to the next steps in the process—being screened under the net income eligibility test.

The second test, the net income eligibility test, compares a family’s countable net income to the “need standard” for the family size. Like the gross income test, there are 4 different needs standards tests and corresponding tables, depending on whether the parent is under the time limit or whether the family is in private or subsidized housing. If a family’s net income exceeds the need standard for that family size, it is ineligible for benefits. If the net income is less than the need standard for the family size, then the family is financially eligible for benefits. One thing to remember about the “needs standards” is that the standards are arbitrary amounts set by the Massachusetts Legislature and do not have anything to do with how much a person or family actually needs to live on.

Finally, to determine a family’s TAFDC grant amount, DTA subtracts the family’s net income from the appropriate “payment standard,” (which is the same as the needs standard).

Important Tips When Applying for Welfare Benefits
Applying for, or helping someone apply for, welfare benefits,, can be a daunting process. But it does not have to be! Applicants have certain rights that, when enforced, make the application process much easier. Included below are a few tips for ensuring a successful and manageable welfare application process!

Applicants should apply through their local DTA office. If you are not sure which office that is, visit http://webapps.ehs.state.ma.us/DTAOffices/default.aspx or call DTA’s Application Unit at 1-800-249-2007.

1. All applicants have the right to apply for benefits the day they first contact a DTA office and ask for assistance.
   • Applicants have this right even if the DTA worker thinks they will be found ineligible.
   • Even if one was previously denied benefits or DTA terminated their benefits, they always have the right to reapply.
   • Applicants may have to come back to continue the process another day, but even if the DTA office is very busy, they must at least be able to sign an application to start the process.
   • This is important because once approved, benefits go back to the date of application, so a lost day equals lost benefits.

2. To start an application for benefits, an applicant need only submit a written request that includes their name, address, and the applicant’s signature.
   • Although this can be done by mail, fax or in person, it is important to follow up and make sure it has actually been received.
   • DTA is then supposed to contact the applicant to continue the process by asking for additional information and informing the applicant in writing what documentation is necessary.

3. DTA rules require that an applicant submit proof of their eligibility for any program.
   • DTA will give a written list of what kinds of proof are necessary. This is called a “Verification Checklist.”
   • If an applicant has trouble gathering the proof, they should tell the DTA worker because there usually several forms of proof that can be acceptable
   • DTA workers also have a duty to assist applicants and recipients in getting verifications they have difficulty getting on their own.

4. DTA is required to make a decision on an application by the 30th day after someone applies.
   • If a Food Stamps applicant has gross income that is less than $150 per month and has less than $100 in savings, or rent and utility costs that are more than their income and savings, DTA is required to issue Food Stamps within 7 days of their application, so long as they submit proof of their identity. DTA refers to this as “Expedited Food Stamps” or “Emergency Food Stamps.” To get Food Stamps the next month, the applicant must submit the remaining required verifications.
   • DTA has up to 30 days to make a decision, but the sooner an applicant provides verifications, the better the chances that a decision will be made sooner.

5. It is not always necessary to go to the DTA office to apply.
   • If an applicant cannot get to a DTA office because of a physical or mental disability, the applicant can request that the interview be conducted over the phone, at his or her home, or by mail as an accommodation. In certain other circumstances, an in-person interview can be waived.
   • Applicants should ask to speak to a supervisor or assistant director if they cannot get to the DTA office to complete the application process.

6. If an applicant’s first language is not English, DTA must provide an interpreter.
   • DTA has this duty regardless whether a DTA worker thinks an interpreter is necessary.
   • DTA may not require anyone to bring their own interpreter, but it can be helpful to let DTA know ahead of time that an interpreter will be needed so they can make arrangements.
   • If there is a need to communicate immediately when an interpreter is not available at the DTA office or a need to communicate by telephone, the local office is supposed to contact an interpreter by phone immediately.
   
   See the attached SEALS-authored DTA ADA compliance flyer.

General Tips
DTA rules are very complicated. You should always ask to speak to a supervisor or an assistant director if you don’t understand a rule or decision or think a mistake may have been made.

Applicants have the right to appeal a decision they disagree with. However, the appeal process usually takes more than 30 days, so it may be better both to appeal the decision and start a new application while waiting for a hearing and decision.

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