getting benefits with a record philadelphia fight – feb 2013 rebecca vallas, staff attorney...
TRANSCRIPT
GETTING BENEFITS WITH A RECORD
Philadelphia FIGHT – Feb 2013
Rebecca Vallas, Staff AttorneyCommunity Legal Services
Agenda
• Intro to Free Legal Services in Philly
• True/False Quiz
• Getting Benefits with a Record
• Tips for Getting & Staying on Benefits
Free legal services in Philly
• CLS: 1424 Chestnut St … 215-981-3700– Walk-in intake daily, 9am-noon
• CLS: 1410 W. Erie Ave (@ Broad) … 215-227-2400– See handout for intake days
• Philadelphia Legal Assistance (PLA)– 42 S. 15th St. … 215-981-3800 – see handout for intake days
• Public Benefits, Employment, Housing, Utilities, Social Security/SSI, Consumer, and more….
True/False Quiz
You can’t get SSI/SSDI benefits if you have an open bench warrant.
True/False Quiz
You can’t get cash or food stamps if you have a felony drug record.
True/False Quiz
You can keep your benefits going for months after a cutoff if you appeal quickly enough.
True/False Quiz
Most people who appeal a welfare decision win.
Benefits from DPW
• TANF cash
• Medical Assistance
• SNAP (Food Stamps)
• LIHEAP
DPW Benefits… How to apply?
• In person at CAO– Any CAO must accept application– Get receipt!– This is best
• By fax or mail
• Online at COMPASS www.compass.state.pa.us
Recent Changes at DPW
• Gov. Corbett’s budget eliminated General Assistance effective Aug 2012.
• There is no other safety net for this population.
• As of April 2012, there were 69,116 Pennsylvanians, including 35,097 Philadelphians.
Options for Folks Who Lost GA
• Qualify for cash under another program?– TANF for pregnant women, – TANF for people caring for children– State Blind Pension for people with vision
problems
Folks Losing GA – what about Medical Assistance?
• GA MA will continue. All those who would have qualified for GA cash can still apply for and receive GA MA.
• MA providers cannot refuse to treat or give medicines to a MA recipient who cannot afford the co-pay.– Tell doc or pharmacy if you can’t afford the
copay.
Folks Losing GA (continued)
• Apply for SSI/DI and stick with it.– Get in treatment and stay with it.– Appeal if SSI/DI application is turned down.– Get a lawyer for your appeal.
• Lawyer Referral Information Service (LRIS) 215-238-6333 • CLS/PLA
• Call 1-800-772-1213 to get app started.
SNAP (Food Stamps)
• Families can receive food stamps even if they are working. A family of three, for example, can have up to $2,472 per month in income (160% FPIG).
• Immigrants are generally ineligible for their first five years in the U.S. – Exceptions: children, people
receiving disability benefits, and refugees/asylees are all eligible with no wait.
Maximum Grant
1 $200
2 $367
3 $526
4 $668
Changes to SNAP -- Asset Test
• As of May 1, 2012, asset test is back:
– $5,500 limit for most; – $9,000 limit if anyone in household is over 60
or receiving disability benefits.– Must submit bank statements or other proof at
application.
Exceptions to SNAP Asset Test
• The following assets do not count:
• Residence, • Retirement funds, • Life insurance, • One car per household,• Burial plots, • Income-producing property, • Inaccessible resources (less than $1,500 equity value), • Tax refunds, and more.• See DPW’s SNAP Handbook § 540.5, available online.
Income too high for MA? Remember MAWD
• Medical Assistance for Workers with Disabilities – For people with disabilities whose income or assets
are too high for Healthy Horizons– Great for people on SSD in two-year waiting period
for Medicare – and even after Medicare starts
• Income limit: $2,257 for one person• $3,306 for two people• Only count half of earned income!
• Asset limit = $10,000
MAWD, cont’d
• Must be:– Between ages 16 and 64– Disabled
• EAF for 12 mo. or more counts – or any other evidence of disability (at least to start)
– Working at least an hour a week• Can be informal work for a friend or relative – easily met
• Cost: 5% of countable income per month – Spouse’s income doesn’t count– Often around $50 a month
Benefits from Social Security Administration
• Social Security Disability Insurance (SSDI)
Benefit is based on your work history
Comes with Medicaid
• Supplemental Security Income
Single: $710/mo
Couple: $1,066/mo
Plus $22.10 ($33.30) state supplement
Qualifying for SSI
• Disability
• Financial need• Income• Assets < $2,000/$3,000 couple
• Citizenship status
• Criminal history
What is a Disability?
– Inability to do substantial gainful activity that exists in significant numbers in the national economy
– Caused by a physical or mental impairment that will last at least a year or result in death
– (Same definition for SSDI and SSI)
Benefits from SSA… How to apply?
• Call 1-800-772-1213 to get application started– Benefits effective the month after month of
application
• Then go to local office for interview, etc.
• 9 Philadelphia-area local SSA offices– Go to www.ssa.gov to search by zip code
Getting Back on SSI Benefits After Release
– Incarcerated less than 12 mos no new application needed.
• Claim was “in suspense” – go to local office and get back in active pay.
– More than 12 mos new application & new disability determination needed.
• Claim is stale after 12 mos.
Getting Back on Social Security/SSDI Benefits After
Release• Different rules than SSI – disability
determination doesn’t go stale after 12 mos like SSI.
• Need to go to local office and get benefits reinstated – no new claim or disability det. needed.
New Developments for SSI and Social Security
• Martinez v. Astrue – Most outstanding warrants no longer a problem for SSI,
Social Security, SSDI
• Clark v. Astrue – Most warrants for parole/probation violations no longer a
problem for benefits– Starting May 2011, SSA can no longer deny,
suspend, assess overpayments for VoP warrants!– Letters are going out to notify class members– Make sure SSA has your current address– Back benefits!
Which Benefits Can I Get?
• While Incarcerated – none
• Outstanding Warrant for Misdemeanor– Food stamps --SSI/SSDI– MA
• Outstanding Warrant for Felony– SSI/SSDI– MA
Which Benefits Can I Get?
• Parole/Probation Violation
– MA
– Maybe SSI/SSDI—this is new!
• Owing Court Costs/Restitution
– MA --Food Stamps*
– SSI/SSDI**unless this results in a VoP
Social Security… No more paper checks
• March 2013: current recipients must switch
• Must choose between – direct deposit into a bank account; OR– getting benefits on a Direct Express card
(like EBT card, works like a debit card)
• Better than other cards: can be used for free, better terms. Choose Direct Express instead of other debit cards.
Criminal Court Collections
• What? I owe the courts money???!!
• What costs & fines? – Costs, fines, fees ordered at sentencing– Supervision fees -- $25/mo while on probation,
parole (unless waived)– Bail judgments – if failed to appear– Surety may owe if posted bail for someone else
• New court payment system in Philly
Why should I care?• Wage garnishment
• Threat to home, property
• Parole/probation violation
• Public benefits eligibility
• Pardon/expungement
• Frozen bank account
• Others
Unpaid Criminal Court Debt Can Screw Up Public Benefits
• Bail judgments should not affect benefits. Other types of criminal court debts can affect benefits.
• TANF, some Medical Assistance affected
• No other benefits affected unless probation or parole violation
• Welfare may screw this up. CLS/PLA can help.– Try template letter to Welfare (handout)
What can I do?• Find out what the courts say you owe
– Office of Court Compliance– Call or go to Accounting 215-683-1482, 1401 Arch St.
• Payment plan conferences– 1104 CJC, 1pm every day, no appt needed– Say if you get public benefits or are applying for them-
$10/mo deal if bring proof– Say if you lost GA or have no income—get
payments stopped for 90 days!– Otherwise, say what you can afford – Get forms signed for welfare– CLS can help
What can I do? cont’d
• Bail Hearings– Go to 3rd floor of CJC – Clerk’s Office, or
online at www.clsphila.org/costsfines– File petition– Judgments reduced or vacated if good
reason, or showed up within 6 mos of FTA, or court can’t produce the file
– Consider getting a lawyer– CLS can help
Lost GA – and court costs
• Get criminal court costs, fines, fees stopped for 90 days
• Payment Plan Conference at CJC 1104, weekdays at 1pm, walk-ins OK
• Fill out forms – “lost my GA” and have no other income
• After 90 days, if still no income, come back and get another 90 day deferral
• They will sign forms to show “compliance with a payment plan” for welfare (needed for GA-MA)
Tips to Get On & Stay On!
Get into a payment plan ASAP!
- If you owe criminal court costs & fines,
bail, restitution, supervision fees, etc.
- Do NOT agree to pay more than you can
- See handout
Tips to Get On & Stay On!
Get a receipt and a copy
Tips to Get On & Stay On!
Get name and phone number
Tips to Get On & Stay On!
Open your mail!
Tips to Get On & Stay On!
Appeal now, think later!
Tips to Get On & Stay On!
Don’t wait to get help!
Remember CLS and PLA
Tips to Get On & Stay On!
It’s not personal!
