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Issue Alert - 10-07-02
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| Date: | Jul 16, 2010 | |
| Program Area: |
Food Assistance Program (FAP, also known as Food Stamps or SNAP) State Disability Assistance (SDA) and Family Independence Program (FIP) |
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| Issue Summary: |
DHS no longer requires caseworkers to extend the time for providing verification at least once when the applicant or recipient cannot provide the verification despite a reasonable effort |
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| Persons Affected: |
Persons applying, or having eligibility redetermined, for FAP or FIP |
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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
federal law, DHS must give households written information about the
verifications they must submit and the department’s obligation to assist the
household in getting verifications if the household is cooperating. 7
USC 2020(e) (3) and 7 CFR 273.2(c) (5).
DHS “must assist the household in obtaining this verification provided
the household is cooperating with the State agency.” 7 CFR 273.2(f)(5)(i). A household can be denied FAP if it refuses
to cooperate. Federal law clearly states
that refusal to cooperate is more than a failure to cooperate and Federal law
also says that to be denied for this reason, “the household must be able to
cooperate, but clearly demonstrate that it will not take actions that it can
take and that are required to complete the application process. … If there is
any question as to whether the household has merely failed to cooperate, as
opposed to refused to cooperate, the household shall not be denied, and the
agency shall provide assistance[.]” 7
CFR 273.2(d)(1). |
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| What's Happening? | ||
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Effective
July 1, 2010, DHS rewrote its FAP and FIP policy to delete the requirement that
“If the client
cannot provide the verification despite a reasonable effort, extend the time
limit at least once.” The policy now reads as follows: “FIP, SDA, CDC, FAP Allow the client 10 calendar days (or
other time limit specified in policy) to provide the verification you
request. Exception: For CDC only, if the client cannot provide
the verification despite a reasonable effort, extend the time limit at least
once.” The
previous policy was consistent with federal law governing the FAP program,
which requires DHS to provide help with verification when the applicant or
recipient is cooperating with DHS. The
current policy violates federal law by (apparently) not allowing caseworkers to
extend the time limit for providing verification in FIP, SDA, and FAP cases. The DHS verification policy instructs caseworkers to “Send a negative action notice when: · The client indicates refusal to provide a verification, or · The time
period given has elapsed and the client has not made a reasonable effort to provide it.” (emphasis
in original). This language should be used
by advocates to protect their clients’ rights.
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| What Should Advocates Do? | ||
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1.
Help clients document and report to DHS their “reasonable efforts”
and any problems obtaining verifications within DHS deadlines. 2.
Help clients communicate and document requests for additional
time. 3.
Monitor DHS responses to requests for extensions of time and share
information with other advocates, such as MPLP and CCJ (see contact information
at the top of the Alert). 4. Refer clients to CCJ’s
Food and Nutrition Helpline for additional information or help. Toll free: 1-(800)
481-4989. |
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| What Should Clients Do? | ||
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1. Tell your caseworker if you are trying to get verification but having
problems, or if you need more time. If
possible, put your request for help or more time in writing. 2. Keep track of the efforts you make to get verification. 3. Call the Food and Nutrition Helpline if you have problems getting or
keeping FAP. Toll free: 1 (800)
481-4989. |
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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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