GETTING BENEFITS WITH A RECORD Philadelphia FIGHT – Feb 2013

1. GETTING BENEFITS WITH A RECORD Philadelphia FIGHT – Feb 2013 Rebecca Vallas, Staff AttorneyCommunity Legal Services

2. Agenda • Intro to Free Legal Services in Philly • True/False Quiz • Getting Benefits with a Record • Tips for Getting & Staying on Benefits

3. 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….

4. True/False Quiz You can’t get SSI/SSDI benefits if you have an open bench warrant.

5. True/False Quiz You can’t get cash or food stamps if you have a felony drug record.

6. True/False Quiz You can keep your benefits going for months after a cutoff if you appeal quickly enough.

7. True/False Quiz Most people who appeal a welfare decision win.

8. TANF cash Medical Assistance SNAP (Food Stamps) LIHEAP Benefits from DPW

9. 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

10. 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.

11. 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

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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

18. 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

19. 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

20. Qualifying for SSI • Disability • Financial need • Income • Assets < $2,000/$3,000 couple • Citizenship status • Criminal history

21. 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)

22. 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

23. 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.

24. 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.

25. 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!

26. Which Benefits Can I Get? • While Incarcerated – none • Outstanding Warrant for Misdemeanor • Food stamps --SSI/SSDI • MA • Outstanding Warrant for Felony • SSI/SSDI • MA

27. 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

28. 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 Expresscard (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.

29. 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

30. Why should I care? Wage garnishment Threat to home, property Parole/probation violation • Public benefits • eligibility • Pardon/expungement • Frozen bank account • Others

31. 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)

32. 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

33. 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

34. 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)

35. 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

36. Tips to Get On & Stay On! Get a receipt and a copy

37. Tips to Get On & Stay On! Get name and phone number

38. Tips to Get On & Stay On! Open your mail!

39. Tips to Get On & Stay On! Appeal now, think later!

40. Tips to Get On & Stay On! Don’t wait to get help! Remember CLS and PLA

41. Tips to Get On & Stay On! It’s not personal!

42. Rebecca VallasStaff Attorneyrvallas@clsphila.org215-981-3700