Manuals & Articles

Cover page, copyright notice, acknowledgments

Table of Contents

Introduction

Chapter 1: An overview of federal disability rights laws

Chapter 2: What programs and services must comply with the Title II of the ADA?

Chapter 3: Who is protected by the ADA

Chapter 4: What welfare agencies must do to comply with the ADA

Chapter 5: Discrimination "on the basis of disability:" The causation issue

Chapter 6: Welfare agencies' obligation to identify clients' disabilities

Chapter 7: ADA planning requirements

Chapter 8: Using the ADA in non-litigation advocacy

Chapter 9: Using state Freedom of Information laws to obtain documents on welfare agency compliance with the ADA

Chapter 10: Using the Office for Civil Rights in ADA advocacy

Chapter 11: Frequently asked questions about using the ADA on behalf of clients in welfare programs

Appendix A: Sample letter requesting reasonable modifications

Appendix B: Selected best practices in TANF programs

Appendix C: Key advocacy efforts on behalf of clients in welfare programs using the OCR complaint process

Appendix D: HHS regional Offices for Civil Rights

Appendix E: Important court decisions and settlements

Appendix F: Helpful websites

Fraud

Collateral Estoppel and Benefits Fraud Prosecutions: People v. Garcia
by Gary F. Smith

Legal aid advocates and indigent criminal defense attorneys in California worked together to protect a welfare recipient from criminal prosecution for fraud and perjury. Applying the doctrine of collateral estoppel, the attorneys kept state prosecutors from convicting someone who had been cleared by an administrative law judge from wrongdoing in connection with an overpayment of benefits.


When Cash Aid and Food Stamps Become a Gateway to Prison and What You Can Do About This by Evanne O'Donnell, Lauren Blankinship, and Jodea Foster

Consulting with a criminal defense attorney early in and throughout the administration of a welfare fraud case can help the legal aid advocate's client assert rights to public assistance without jeopardizing rights in criminal court. Advocates should understand the nuances of their state's welfare fraud detection programs and how a civil case turns criminal. [Clearinghouse Review September-October 03 Current subscriber password required]
 
 
Handling Potential Fraud Cases at the Civil Level by Laurel Blankinship

The advocate can help make criminal prosecutions unlikely or even foreclose them for clients at the outset of their civil representation on overpayments and over issuances. The advocate must review notices and computations, scour files for evidence, and choose between settling and an administrative hearing. [Clearinghouse Review September-October 03 Current subscriber password required]


Limited English Proficiency

Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons – DOJ
http://www.usdoj.gov/crt/cor/lep/DOJLEPGuidApr122002.htm 

Immigrant Access to TANF - HHS
http://www.acf.hhs.gov/programs/ofa/policy/tanf-pi.htm

Tribal TANF

Tribal TANF & Native Employment Works Program- HHS
http://www.acf.hhs.gov/programs/dts/

 
Food Programs

Food Stamps/SNAP

California Guide to the Food Stamp Program
http://www.foodstampguide.org/ 

Comprehensive Guide to the Food Stamp Program – Legal Services of Northern California and Benchmark Institute
http://www.lsnc.net/fsguide/

An Advocate’s Guide to the Disaster Food Stamp Program July 2005 — Food Research and Action Center
http://www.frac.org/pdf/dfsp05.pdf

Food Stamp Program - Food Research and Action Center
http://www.frac.org/html/federal_food_programs/programs/fsp.html

Food Stamp Bilingual Requirements — Welfare Law Center (6/03)
http://www.masslegalservices.org/system/files/WLC-LEPmaterials6-23-03.pdf 

SNAP/Food Stamp Glossary


Other Food Programs

National School Lunch Program - Food Research and Action Center
http://www.frac.org/html/federal_food_programs/programs/nslp.html 

School Breakfast Program - Food Research and Action Center
http://www.frac.org/html/federal_food_programs/programs/sbp.html 

Summer Food Service Program - Food Research and Action Center
http://www.frac.org/html/federal_food_programs/programs/sfsp.html

Women, Infants And Children (WIC) - Food Research and Action Center
http://www.frac.org/html/federal_food_programs/programs/wic.html

Child And Adult Care Food Program (CACFP) - Food Research and Action Center http://www.frac.org/html/federal_food_programs/programs/cacfp.html

The Emergency Food Assistance Program (TEFAP) - Food Research and Action Center http://www.frac.org/html/federal_food_programs/programs/tefap.html

Community Food and Nutrition Program (CFNP) - Food Research and Action Center
http://www.frac.org/html/federal_food_programs/programs/cfnp.html


Immigrants & Benefits


Overview

Major Benefit Programs Available to Immigrants in California 10/08
California Immigrant Welfare Collaborative (CIWC)
http://www.nilc.org/ce/nonnilc/cal_benefits_table_2008-10-01.pdf

Immigrant Access to TANF - CIWC
http://www.hhs.gov/ocr/immigration/

Immigrant Benefits Handbook: Immigrants without Green Cards CIWC
http://www.nilc.org/ciwc/ciwc_ce/W_O_GrnCrds.pdf

Immigrant Benefits Handbook: Immigrants with Green Cards - CIWC
http://www.nilc.org/ciwc/ciwc_ce/W_GrnCrds.pdf

Immigrant Benefits Handbook: Citizens, Refugees & Asylees - CIWC
http://www.nilc.org/ciwc/ciwc_ce/CitsRefsAsys.pdf

Public Benefits and Your Immigration Status - Disability Rights California
http://www.pai-ca.org/pubs/539001.htm


Cash Assistance Program for Immigrants (CAPI)

State Cash Assistance Program for Immigrants CIWC
http://www.nilc.org/ciwc/ciwc_ce/ciwc_capi_q&a_0405.pdf


Domestic Violence

Immigrants & Domestic Violence: Getting CalWORKs & Other Benefits -
CIWC http://www.nilc.org/ciwc/ciwc_ce/DV_CalWorks.htm


Public Charge

Federal Guidance on Public Charge: When Is It Safe To Use Public Benefits? 5/09
http://www.nilc.org/ce/nilc/public-charge-nat-2009-05-01.pdf



Sponsor Deeming

Sponsored Immigrants & Benefits in CA
http://www.nilc.org/ce/nonnilc/sponsoredimms&bens_ca_2006-10.pdf 

Deeming Rules
http://www.nilc.org/ciwc/tbls_other-mats/Deeming_CA_refrmttd_vers_1003.pdf


In Home Supportive Services

In-Home Supportive Services - Nuts & Bolts 5/08 — Disability Rights California
http://www.disabilityrightsca.org/pubs/547001Index.htm

Functional Self Assessment Packet 9/09
http://www.disabilityrightsca.org/pubs/548201.pdf 


 
Medi-Cal

Overview

Overview of the Medi-Cal Program – National Health Law Program
http://www.healthconsumer.org/Medi-CalOverview2008TOC.pdf  (7/08)

Chapter 1: Introduction to the Medi-Cal Program
Chapter 2: Eligibility
Chapter 3: Income under the Medi-Cal Program
Chapter 4: Resources
Chapter 5: Setting up Medi-Cal Family Budget Units, Spending Down and Share of Cost
Chapter 6: Applying for Medi-Cal Benefits and Retroactive Benefits
Chapter 7: About the Different Medi-Cal Programs
Chapter 8: Waivers and Home- and Community-Based Care
Chapter 9: Medi-Cal, Social Security Title II Benefits & Medicare
Chapter 10: Medi-Cal and Other Health Coverage
Chapter 11: Medi-Cal Services
Chapter 12: Medi-Cal Services for Children
Chapter 13: Women's Health Services
Chapter 14: Medi-Cal Services for Immigrants, Including Non-Citizen and Undocumented Immigrants
Chapter 15: Linguistically Appropriate and Culturally Competent Services
Chapter 16: Denti-Cal for Children and Adults
Chapter 17: Other Related (non Medi-Cal) Programs
Chapter 18: Beneficiary Financial Liability and Protections from Medical Debt
Chapter 19: Notice, Appeals and Fair Hearings
Chapter 20: Medi-Cal Managed Care
Chapter 21: Medi-Cal and Long Term Care
Appendix A: Medi-Cal Glossary of Terms
Appendix B: A Basic Medi-Cal Library

Medical Care Services – California Department of Health Services
http://www.dhs.ca.gov/mcs/medi-calhome/FAQs2.htm

Medicaid and Persons with Disabilities http://www.ilr.cornell.edu/edi/publications/PPBriefs/PP_24.txt

Long Term Care
 
Overview of Medi-Cal for Long-Term Care http://www.canhr.org/factsheets/medi-cal_fs/html/fs_medcal_overview.htm  

Protections in Medicaid Estate Recovery: Findings, Promising Practices, and Model Notices
http://www.canhr.org/reports/2007/2007_07_medicaidprotections.pdf

Medi-Cal Resource Limits
http://www.canhr.org/factsheets/medi-cal_fs/PDFs/FS_ResourceLimits.pdf  

Your Home & Medi-Cal http://www.canhr.org/publications/factsheets/fs_medcal_home.htm 

IRAs, Pensions & Annuities Under Medi-Cal
http://www.canhr.org/factsheets/medi-cal_fs/PDFs/FS_IRAsPensions.pdf 

How to Value Real Property
http://www.canhr.org/factsheets/medi-cal_fs/PDFs/FS_RealProperty.pdf 

Medi-Cal Recovery FAQ
http://www.canhr.org/factsheets/medi-cal_fs/html/fs_medcal_recovery_FAQ.htm 



Medicare

Overview

Medicare Basics – California Health Advocates
http://www.cahealthadvocates.org/basics/index.html 
http://www.cahealthadvocates.org/podcast/index.html

Medicare Summary – The Center for Medicare Advocacy
http://www.medicareadvocacy.org/FAQ_MedicareSummary.htm

Glossary of Medicare Terms - California Health Advocates
http://www.cahealthadvocates.org/glossary/index.html 


Medi-Gap

Overview — California Health Advocates
http://www.cahealthadvocates.org/medigap/index.html

Medicare Supplement Insurance
http://www.medicareadvocacy.org/FAQ_Medigap.htm


Part D
 
Medicare Part D in California
Comprehensive information consumer oriented.
http://www.cahealthadvocates.org/drugs/index.html

The Part D Library
Comprehensive information for Advocates
http://www.nsclc.org/areas/medicare-part-d/part-d-library

Medicare Part D and the Low-Income Subsidy http://www.nsclc.org/news/05/07/memo_LIS.pdf

A Guide to Medicare Part D Prescription Drug Coverage for People with Developmental Disabilities
http://www.thedesk.info/PartD/index.htm

Landscape of Local Plans State-by-State Breakdown
http://www.medicare.gov/medicarereform/map.asp



Social Security and SSI


Overview

Benefits Planning, Assistance and Outreach Manual
http://www.ilr.cornell.edu/edi/s-ssacurriculum.cfm

Disability Benefits 101 (DB101) — World Institute on Disability
Working with a Disability in California helps workers, job seekers, and service providers understand the connections between work and benefits.
http://www.disabilitybenefits101.org/

Social Security Handbook
http://www.ssa.gov/OP_Home/handbook/handbook-toc.html

Social Security Terms
http://www.ssa.gov/glossary.htm

Social Security Benefit Publications
http://www.ssa.gov/pubs/#Work

Preparing for and Handling Social Security Adult Disability Hearings by Thomas Yates
This article shows the five-step legal definition of disability and the "grids," describes evidence development including medical source statements, discusses preparing a client to testify and submission of a prehearing statement, offers guidance on conducting the hearing, including the difficult task of cross-examining medical and vocational experts, and cites some posthearing options to complete the advocacy. [Current subscriber password required] [Clearinghouse Review May-June 2004]

Social Security Disability Practice by Thomas E. Bush
This 1000-page masterwork covers the waterfront of social security/SSI disability practice. $149.00.
http://www.jamespublishing.com/books/ssd.htm


Continuing Disability Review

Continuing Disability Review
An overview and tips for negotiating the review process.
http://www.ilr.cornell.edu/edi/publications/PPBriefs/PP_11.txt


Fleeing Felons

"Fugitive Felon" Penalty
http://www.nsclc.org/areas/social-security-ssi/area_folder.2006-09-26.2745496389/

Martinez v. Astrue (9/26/09) ended the Social Security Administration’s policy of denying or suspending benefits for “fleeing to avoid prosecution,” based solely on the existence of an outstanding felony arrest warrant. SSA has agreed to repay more than $500 million in benefits that were unlawfully withheld from 80,000 people whose benefits have been suspended or denied since January 1, 2007. Go here for more.



Income & Resources

Spousal Deeming
http://www.disabilityrightsca.org/pubs/519801.pdf

Parent to Child Deeming
http://www.pai-ca.org/pubs/501701.htm

Deeming Parental Income & Resources
http://www.ssa.gov/notices/supplemental-security-income/spotlights/spot-deeming.htm

Income and Resource Rules Part I
http://nls.org/planner/winter04.htm

Income and Resource Rules Part II
http://www.nls.org/planner/spring05.htm

Not Knowing about In-Kind Support and Maintenance Can Cost You Money
http://www.pai-ca.org/pubs/538201.pdf

Independent Contractor or Self-Employed: Reporting Earned Income to Social Security Social Security
http://www.disabilityrightsca.org/pubs/540501.pdf

An Invitation to a Beheading: Two SSI Practice Tips for the Courageous
Tips on how to deal with SSI transfer rules involving in kind support and maintenance and undue hardship rules. http://www.canhr.org/publications/newsletters/NetNews/Feature_Article/NN_2001Q2-2.html 


Overpayments

Overpayments - PAI
http://www.pai-ca.org/pubs/542101.htm

Dealing with Post-Entitlement Issues: A Practical Guide for Advocates
Possible remedies and approaches to resolving overpayment issues.
http://www.ilr.cornell.edu/edi/publications/PPBriefs/PP_5.txt

Social Security and Supplemental Security Income Overpayments: A Practical Guide by Barbara Samuels
This article explains liability for overpayments, SSA’s collection methods, a claimant’s options for challenging an alleged overpayment, how to develop an overpayment case, alternatives if overpayment defenses fail, and defensive tactics to prevent or limit overpayments. [Current subscriber password required] [Clearinghouse Review November-December 2004]http://www.povertylaw.org/clearinghouse-review/issues/2004/20041115/501043

Debt Issues

Protecting Disability Benefits from Creditors by James W. Speer. The best way to help a client who has a disability and whose sole source of income is frozen by garnishment of an otherwise exempt account involves determining the source of benefits, where the benefits are being deposited, the creditor’s identity, and the nature of the debt. September-October 2007 Clearinghouse Review

Work Issues

SSA Red Book
General reference source about the employment-related provisions of Social Security Disability Insurance and the Supplemental Security Income Programs
http://www.socialsecurity.gov/redbook/

Plan for Achieving Self-Support - Pass Online
http://www.passonline.org/


Disability Hearings

Preparing for a Social Security Hearing: What to expect and how to behave during your Hearing
http://www.ssaprepvideo.com/

Sample Clip
http://www.youtube.com/watch?v=hQ6J1wMJrBQ


Welfare to Work

Welfare work programs are a growth industry. CalWORKs, Food Stamps and General Assistance/General Relief programs have work programs. Recipient-workers and their employers are subject to federal and state employment laws.
The Legal Aid Society - Employment Law Center materials cover a wide variety of employment law topics, ranging from wrongful termination and unpaid wages, to workers' compensation, unemployment insurance, discrimination and harassment.

Work Place Rights

• Labor Unions
• Unemployment Insurance Benefits
• Wage and Hour Law
• Youth Employment
• Pregnancy Discrimination
• Sexual Harassment
• Domestic Violence
• Family and Medical Leave
• Lesbian, Gay, Bisexual and Transgender
• Employment Rights of Undocumented Workers
• Language Discrimination
• The Disability Rights in the Workplace

http://www.las-elc.org/factshtinvent.html#comserv

Sample Letters

English-Only Rules
Paying Final Wages
Inspecting Personnel File
Employment References
Requesting Family or Medical Leave
Request for Reasonable Accommodation
Health Care Provider Supporting Need for Leave of Absence

http://www.las-elc.org/selfhelp.html



Advocacy Tips

Get the Facts
• All papers — letters, notices, or anything else that your client has received from the agency, its workers. These documents should give you a clue about what the agency is trying to do and why.

• Everything your client has sent to the agency, its workers, or anyone else about the problem.

• Names and all contact information of people you client has spoken to at the agency or anywhere else.

• What does the client think is happening? Why?

• Client's written authorization to talk to the agency and review files.

Read the Law
• What regulations or other laws is the agency relying on? Read those regulations; they should lead you to others.
Ø Do these regulations properly apply to the client's problem?
Ø Do you agree with how the agency interprets the regulations?
Ø Are there other regulations and laws that apply to the client's problem that the agency should consider?
Ø Are the regulations and laws that the agency is applying to the clients problem inconsistent with other laws?

• Check and double-check deadlines. Start with the due dates in the agency notice.

Get the Agency's Position
• Contact the agency worker who is closest to the action. Get their viewpoint.

• Listen! Find out as much as you can.

Don't personalize. Write down what you find out.

• What are the agency's interests? Always go behind agency positions to its interests.

• Negotiate.

• Write everything down.

• Review this information with your client.

Climb the Ladder
• If you can't get satisfaction from the person closest to the problem, go to that person's supervisor.

• Repeat this process for each supervisor or rung of the ladder.

Request a Hearing
• Ask for a hearing immediately via telephone and in writing. You always withdraw the request for any reason.

• Remember Aid Paid Pending. If you request a hearing before the date that benefits will be cut or reduced, the client will continue to get benefits at the same level until the hearing decision is issued.

• Note that deadlines differ according to the Public Benefits program.

Reapply for Benefits
• Clients have the right to reapply for benefits. Even if clients have requested an hearing, they may avoid overpayments if they pursue this strategy.


Hearing Checklist

Get the Facts
• All papers — letters, notices, or anything else that your client has received from the agency, its workers. These documents should give you a clue about what the agency is trying to do and why.

• Everything your client has sent to the agency, its workers, or anyone else about the problem.

• Names and all contact information of people with relevant information that the client has spoken to at the agency or anywhere else.

• What does the client think is happening? Why?

• Client's written authorization to talk to the agency and review the file.

Read/Analyze the Law
• What regulations or other laws is the agency relying on? Read those regulations; they should lead you others.
Ø Do these regulations properly apply to the client's problem?
Ø Do you agree with how the agency interprets the regulations?
Ø Are there other regulations and laws that apply to the client's problem that the agency should consider?
Ø Are the regulations and laws that the agency is applying to the clients problem inconsistent with other laws?

• Check and double-check deadlines. Start with the due dates in the agency notice.

Get the Agency's Position
• Contact the agency worker who is closest to the action. Get their viewpoint.

• Listen! Find out as much as you can.
Don't personalize. Write down what you find out.

• What are the agency's interests? Always go behind agency positions to its interests.

• Negotiate.

• Write everything down.

• Review this information with your client.

Review the Agency File
• Know agency rules on looking at files, copying costs etc.

• Be prepared with a list of what you want.

• Be open to what else you can find.

• Do not wait until the last minute.

Interview Witnesses
• Consider putting statements in writing.

• Consider subpoenaing witnesses to the hearing; don't subpoena the other side's case.

Write Brief/Position Statement
• Argument on the law.

Organize Evidence
• Decide how you will prove essential elements including documents.

• Decide on the order of proof.

• Research your opening and closing.

Prepare Client and Witnesses
• Explain what will happen; who will do what, when,

• Roleplay your questions and questions that the judge might ask with your witnesses.

Followup on Hearing Decision
• Has the agency complied?

• Do you need to reopen the case?

BENEFITS CHECKLIST
This checklist helps you frame the issues no matter what the agency or substantive law that governs the problem.

1. Are there time limit issues?
__time limit to appeal
__time limit for aid paid pending
__other (specify)

Notes:





2. Are there categorical eligibility issues?
__household
__deprivation (death, incapacity,
unemployment, absence)
__age
__disability/incapacity
__insured status
__other (specify)

Notes:





3. Are there financial eligibility issues ("excess") issues?
__assets (resources)
__income

Notes:





4. Are there conduct eligibility issues?
__failure or perceived failure to act
__good cause for failure

Notes:




5. Are there procedural eligibility issues?
___failure or perceived failure to act
___good cause for failure

Notes:





6. Are there debt issues?
__overpayment
__other

Notes:





7. Is there another program/benefit for which client or client's family can qualify?

Emergency:
CW Immediate Need CW Special Needs Homeless Asst. Expedited FS
SSI Proven eligible SSI Special Needs

Notes:






8. Need additional facts?
Notes:

Preparation Guides
These articles focus on ways to prepare for specific problems in certain substantive areas.

Have You Seen a Fleeing Felon? Social Security Administration Targets SSI Recipients with Outstanding Warrants
by Gerald McIntyre

A provision of the 1996 welfare reform law restricted the availability of several categories of public benefits to “fugitive felons.” While the provision has had comparatively little impact on recipients of Temporary Assistance for Needy Families, food stamps, and housing assistance, it has led to loss of Supplemental Security Income (SSI) benefits to some 78,000 people; most of them charged with offenses that are minor, remote in time, or both. The Social Security Administration is implementing the provision, and advocates can challenge its application to clients in danger of losing SSI benefits. [Current subscriber password required] [Clearinghouse Review January-February 2003]

When Cash Aid and Food Stamps Become a Gateway to Prison and What You Can Do About This
by Evanne O'Donnell, Lauren Blankinship, and Jodea Foster

Consulting with a criminal defense attorney early in and throughout the administration of a welfare fraud case can help the legal aid adovcate's client assert rights to public assistance without jeopardizing rights in criminal court. Advocates should understand the nuances of their state's welfare fraud detection programs and how a civil case turns criminal. [Clearinghouse Review September-October 03 Current subscriber password required]

Handling Potential Fraud Cases at the Civil Level
by Laurel Blankinship

The advocate can help make criminal prosecutions unlikely or even foreclose them for clients at the outset of their civil representation on overpayments and overissuances. The advocate must review notices and computations, scour files for evidence, and choose between settling and an administrative hearing. [Clearinghouse Review September-October 03 Current subscriber password required]

Social Security Disability Practice
by Thomas E. Bush

Turn to Tom Bush’s Social Security Disability Practice when challenges or questions arise. This 1000-page masterwork covers the waterfront of social security disability practice:

• Determining the basis for denial, and common erroneous reasons for denial. Sections 173, 207

• Comparison of Social Security disability and SSI. Section 135

• Obtaining and dealing with medical and vocational opinion evidence. Section 220

• Impairment-specific RFC questionnaires. Section 230

• Issues commonly arising in hearings. Section 287

• Preparing claimants and witnesses to testify, including questionnaires and letters. Section 290

• Specific and detailed hearing questions for claimants, witnesses, and experts. Chapter 3

• Proving inability to do unskilled sedentary work, including cross-examination questions. Section 346.6

• Using the Medical-Vocational Guidelines as framework for decision-making, with charts, questions for the vocational expert, and court decisions. Section 348

• Res judicata and reopening applications. Section 370
• Index of key rulings. Appendix 1

• Calculating back benefits, with worksheet. Section 430

• Payment issues and solutions, with directory of contact information. Section 440

• Developing a legal theory for appeal, with checklist and sample briefs. Chapter 5

• Attorney fee issues and solutions. Chapter 7

Minimize the frustrations in dealing with the SSA, the author, a veteran disability representative, clarifies issues such as: developing the theory of the case, establishing and proving pain, dealing with vocational and medical experts and using the fee agreement process. Useful forms, questionnaires, and checklists help you streamline cases. The two volume book now includes a CD-ROM containing more than 120 forms and the full-text of the book in a searchable format.

Updated annually. ISBN 0-938065-07-6. Book price: $149.00
 

Social Security

Disability Practice