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; jberger@lsnc.net

Julie Rivera Coo, Supervising Attorney Neighborhood Legal Services

JulieRiveraCoo@nls-la.org Kate Meiss, Supervising Attorney

Neighborhood Legal Serviceskmeiss@nls-la.org