Issue Alert - 08-10-13
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Date: |
Oct 15, 2008 |
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Program Area: |
Family Independence Program (FIP) |
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Issue Summary: |
DHS has revised its policy on exemptions from Jobs Education Training (JET) requirements for persons with disabilities. Revised policy exempts three new groups of persons with disabilities and requires caseworkers to review the medical packet and MRT decision to identify reasonable accommodations . |
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Persons Affected: |
FIP applicants or recipients who disability, especially those who have cognitive or learning disabilities; chronic and uncontrolled mental illness, or a combination of physical limitations and cognitive or learning disabilities. |
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For More Information: |
Center for Civil Justice 320 S. Washington, 2nd Floor Saginaw, MI 48607 (989) 755-3120, (800)724-7441 Fax: (989) 755-3558 E-mail: info@ccj-mi.org
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Background |
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Under section 57f of the Social Welfare Act, MCLA 400.57f(3)(i)(ii),
applicants for, and recipients of, Family Independence Program (FIP) cash assistance are exempt from
participation in the Jobs Education Training (JET) program if they are
“suffering from a physical or mental impairment that meets federal supplemental
security income disability standards, except that no minimum duration is
required”. Under new subsections added
when the penalties for noncompliance with JET were increased effective April
2007, MCLA 400.57f(3)(i)(V) – (vii), the following individuals also are exempt:
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An individual with low intellectual capacity or
learning disabilities that impede comprehension and prevent success in
acquiring basic reading, writing, and math skills, including, but not limited
to, an individual with an intelligence quotient less than 80. o
An individual with documented chronic mental
health problems that cannot be controlled through treatment or medication. o
An individual with physical limitations on his or
her ability to perform routine manual labor tasks, including, but not limited
to, bending or lifting, combined with intellectual capacity or learning disabilities. Individuals in these three
new groups do not have to prove that their disabilities meet Supplemental
Security (SSI) disability standards. |
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What's Happening? |
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The Department of Human Services (DHS) has revised and reorganized its
policy on exemptions (or temporary deferrals) from JET, effective October 1,
2008. The revised policy specifically includes
individuals in the three groups listed in “Background”, above, as clients whose
referral to employment and training services are “temporarily delayed”. DHS Program Eligibility Manual (PEM) 230A,
p. 7. The DHS PEM is available online at http://www.mfia.state.mi.us/olmweb/ex/pem/pem.pdf. Per PEM 230 A, individuals who may fall
into these three groups are evaluated using the same procedure as individuals
who may be deferred because they have a disability that meets the SSI
disability standard. The deferral for
long term incapacity is coded as “IN” and this process for evaluation is
referred to as the “IN” process. It is
described in PEM 230A. The IN process may be summarized as
follows: 1.
DHS requests
medical verification of disability (usually the DHS 54A or 49 forms). 2.
DHS send the
client to Michigan Rehabilitation Services (MRS) or Commission for the Blind
(if visually impaired or blind) for “consultation”. 3.
Results of
consultation:
4. MRT evaluation of cases described in
3(d) will consist of a determination of whether the client is o
Not Disabled
(work ready) o
Not Disabled
(work ready with limitations), or o
Disabled – potentially
eligible for SSI/RSDI a. ALL DECISIONS: the caseworker must “REVIEW the medical records and information provided by MRT to
determine what accommodations, other than deferral from JET, the client needs
to be able to benefit from the FIP program and to pursue employment and or
self-sufficiency related activities.”
Caseworkers are instructed to follow the policy on “Reasonable
Accommodations” under PEM 230A, which focuses on accommodations needed for
participation in JET or other self-sufficiency-related activities and does not
discuss other types of accommodations that clients may need to have an equal
opportunity to benefit from DHS programs generally. b.
If the MRT
finds that the client meets the SSI standard of disability, the individual will
be deferred from JET and assigned to other activities on their FSSP. c.
If the MRT
does not find that the individual meets the SSI standard of disability, the
individual will be referred to JET and DHS is required to provide JET with
information about any limitations noted by the MRT. PROBLEM AREAS 1)
There is no
procedure for determining whether individuals meet the criteria for an
exemption under any of the three new groups.
DHS has informed CCJ that the MRT’s decisions about whether an
individual is “disabled” for purposes of an exemption from JET are based
entirely on the SSI disability regulations, and that no instructions have been
issued to MRT regarding implementation of these three exemptions. Therefore, MRT will not be deciding whether
individuals should be exempt under these categories. At the same time, PEM 230A does not instruct
caseworkers to review the medical and other information to determine whether
individuals are exempt under these categories. 2)
DHS still
does not have a comprehensive policy on providing reasonable accommodations to
persons with disabilities. |
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What Should Advocates Do? |
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Ensure the new policy is applied
correctly. Help clients with disabilities in
requesting reasonable accommodations (extra help, modification of policies or
requirements) to ensure that they benefit from FIP and employment and training
services. |
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What Should Clients Do? |
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Seek legal advice if you are assigned to JET and are unable to
successfully participate because of disabilities. |
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Finding Help |
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Most legal aid and legal services offices handle these types of cases, and they do not charge a fee.
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