Transcript Government Benefits for Non

Government Benefits
for Non-Citizens
March 2014
Laura Melnick
SMRLS
651-894-6932
[email protected]
Government Benefits for Non-Citizens
1.
2.
3.
4.
5.
6.
7.
8.
Welfare reform
Definitions:
a. qualified non-citizen
b. unqualified non-citizen
c. battered immigrant
Sponsor-deeming
“SAVE”
Reporting to USCIS
Public charge considerations
5-year bar
Federal cash & food benefits:
a.
SSI
b.
SNAP (food stamps)
9.
State & federal/state cash & food benefits
a. cash & food: TANF – families
(i)
FSS (Family Stabilization Services)
(ii)
DWP (Diversionary Work)
(iii)
MFIP (MN Family Investment Program)
(iv) WB (Work Participation Cash Benefits)
b. cash: GA (General Assistance)
c. cash: MSA (Minnesota Supplemental Assistance)
d. emergency cash: EA (Emergency Assistance),
and EGA (Emergency GA)
e.
non-need-based cash: UI (Unemployment
Insurance)
f.
food MFAP (MN Food Assistance Program)
g.
health care
(i)
MA (Medical Assistance)
(ii)
EMA (Emergency MA)
(iii)
MinnesotaCare
10. other benefits
11. considerations for mixed-status households
12. scenarios
1. Welfare reform
 enacted August 22, 1996
 replaced AFDC (family cash program) with “TANF”
block grants to states
 imposed lifetime limits on, and work requirements for,
family cash assistance
 eliminated SSI & food stamp eligibility for many noncitizens (“Restricting Welfare and Public Benefits for
Aliens” provision)
 required certain agencies to file reports with INS (now
USCIS)
Post-1996 federal law changes (all helpful)
IIRIRA - ILLEGAL IMMIGRATION REFORM & IMMIGRANT
RESPONSIBILITY ACT OF 1996
 amended definition of “Qualified Alien” to include
battered non-citizen.
 (BUT – clarified that SSDI & retirement benefits not
paid to anyone not “lawfully present” in US)
BBA - BALANCED BUDGET ACT OF 1997
 broadened eligibility for SSI based on disability;
 extended SSI window for refugees, asylees to 7
years (from 5)
 treated Amerasian immigrants as refugees;
 broadened “qualified” definition to include certain
Indians born in Canada; &
 added surviving spouses to US vet exception.
1998 AGRICULTURAL RESEARCH ACT
restored food stamp eligibility to some groups of
immigrants (those receiving disability benefits, ≥ 65,
< 18, Hmong/Laotian); also extended food stamp
window for refugees, asylees to 7 years (from 5).
FARM BILL OF 2002
significantly broadened eligibility for food stamps for
non-citizens beginning 2003 (allowed all “qualified”
non-citizens to get food stamps 5 years after
arrival; eliminated 5-year wait for certain groups).
SSI EXTENSION FOR ELDERLY AND DISABLED
REFUGEES ACT OF 2008
allowed certain humanitarian immigrants additional 23 years of SSI past their “window.”
2. Definitions
for eligibility for FEDERAL benefits:
a. “QUALIFIED” NON-CITIZEN =
 lawfully admitted for permanent residence under
Immigration & Nationality Act (INA)
 “refugee,” including Haitian, Cuban, & Amerasian
 granted asylum or parol
 granted conditional entry before 4/1/80
 deportation withheld or removal cancelled
 granted T-Visa
 “battered immigrant”
b. “UNQUALIFIED” NON-CITIZEN
 expired or no documentation
 pending application for adjustment, asylum,
suspension of deportation, or cancellation of removal
 lawful temporary resident under amnesty program
 non-immigrant (temporary protected status, or
student, visitor, or temporary worker visa)
 U-visa recipient
 Deferred Action for Childhood Arrival (DACA) grantee
c. “BATTERED IMMIGRANT”
can qualify for range of federal & state-funded
benefits but must wait 5 years for SNAP, MA:
o must have been battered or subjected to extreme
cruelty in U.S. by U.S. citizen or LPR parent,
spouse, or relative in same household, AND
o must no longer live with abuser, AND
o need for benefits must be “substantially
connected” to abuse, AND
applicant must either:
• be spouse or child of U.S. citizen AND have
petitioned for adjustment of status under Violence
against Women Act (VAWA); OR
• be spouse or child of U.S. citizen OR LPR AND have
petitioned for cancellation of removal under INA.
3. Sponsor-deeming
attribution of income from sponsor to immigrant
can make immigrants COMPLETELY INELIGIBLE
(financially) for almost all types of public assistance!
Requirement stems from 1996 welfare reform law.
 Began December 19, 1997 with implementation of
“Affidavit of Support” form (I-864).
 I-864 = legally binding contract between sponsor &
immigrant, & between sponsor & government
 Applies only to family-based immigrants & immigrants
who come to US to work in family-owned business).
Deeming does NOT apply to:

refugees, asylees, parolees

diversity visa (visa lottery) recipients

Cuban/Haitian entrants

people granted Temporary Protected Status

children < 18 (for SNAP & MA only)

pregnant women (MA & MinnesotaCare only)
How deeming works
 100% of income & assets of sponsor AND sponsor’s
spouse considered fully available to immigrant. (Less
harsh deeming for SNAP).
 Sponsor’s family size & fixed debts irrelevant.
 Burden of proving sponsor has little income on
immigrant applying for public assistance.
 Income & assets deemed until: immigrant becomes
U.S. citizen, works 10 years, or dies; OR sponsor
dies.
 Divorce from sponsor has no effect on deeming.
o Whether deeming affects people other than
sponsored immigrant varies by type of assistance
program.
o For most programs (including MA, GA, SSI, SNAP),
income & assets deemed only to sponsored
immigrant.
o For MinnesotaCare & for MFIP & other family cash
programs, income deemed to all members of
“assistance unit.”
2 exceptions to deeming:
a. Indigence exception:
 Sponsor-deeming will NOT apply if welfare agency
determines that immigrant is without food & shelter
as result of sponsor’s failure to support.
 12-month renewals available.
 Government can sue sponsor for reimbursement.
(Immigrant can sue sponsor, too, for non-support).
b. Battered spouse/child exception
 Deeming will NOT apply if immigrant or child
battered or subjected to extreme cruelty by
spouse or parent, or by relative of spouse or parent
in same household.
 Immigrant can’t have participated in abuse of child.
 Immigrant must show that battery or cruelty is
substantially connected to need for benefits.
 Exception ends after 12 months, UNLESS battery
perpetrated by sponsor AND recognized in court
order (OFP, etc.) OR USCIS determination.
 Government can sue for reimbursement; immigrant
can sue for non-support.
Deeming applies to:
 cash programs: SSI, MSA, GA, MFIP, EA
 food programs: SNAP for adults; MFAP
 health care programs: MA, MinnesotaCare
Deeming does NOT apply to:
o EMA (Emergency Medical Assistance)
o MA & MinnesotaCare for pregnant women &
children
o SNAP for children
o Basic Sliding Fee child care
o SSDI
o UI
Special 3-year deeming for MFIP
 3-year deeming in state law for MFIP only.
 Less harsh & of shorter duration than I-864
deeming.
 Applies only to those who came to U.S. through
means other than relative petition (such as diversity
visa).
 Does not affect refugees or asylees.
 Takes into account sponsor’s family size & support
obligations.
4. “SAVE”
Systematic Alien Verification for
Entitlements
o Inter-agency governmental information-sharing
program
o Used to verify immigration status for public
assistance & public housing
o NOT used for reporting immigration status (or lack
thereof) to Immigration
5. Reporting to Immigration
requirement stems from 1996
welfare reform & IIRIRA laws
WHO IS REQUIRED TO REPORT?
Only:
……………………………………………
 agencies receiving “TANF” funds (in MN, that
means county agencies administering MFIP & DWP
benefits)
 Social Security Administration
 public housing agencies contracting with HUD
WHAT MUST BE REPORTED?
 names, addresses, & other “identifying
information”
ON
 anyone worker “knows” is unlawfully in
U.S.
Reporting in Minnesota
protocols require that agencies:
 report to MDHS rather than to Immigration
 not verify status if not relevant to benefit being
sought
 stop inquiring about status when applicants express
unwillingness/inability to verify
 interpret “knowledge” very narrowly
 comply strictly with data privacy laws
6. “Public charge”
 Receiving/having dependents receive certain benefits
may affect ability to adjust to LPR status.
 Benefits to be considered are:
 cash benefits: MFIP, DWP, SSI, MSA, GA
 long-term medical care (nursing home care)
 Benefits not considered include health care, WIC,
housing & energy assistance, & benefits not
intended for income maintenance.
 Receipt of SNAP or state-funded food support not
factor for public charge determinations.
7. “5-year bar”
 5-year “bar” (waiting period) prevents some
immigrants from receiving certain federal benefits
during first 5 years in “qualified” status.
 Benefits potentially affected = SSI, SNAP, MA, &
TANF (federally-funded MFIP & DWP).
 During 5-year wait period, immigrants may receive
state-funded benefits if eligible for them (& such
benefits exist).
BENEFITS!
8. Federal cash & food benefits:
a. Supplemental Security Income (SSI)
Social Security administers
2 types of disability benefits:
 SSI, for low-income, low-asset individuals.
Recipients must be too disabled to work or ≥ 65.
 SSDI, for people too disabled to work who meet
earnings requirements by having paid into
system via FICA wage deductions.
To qualify for SSI, non-citizen applicants must:
 meet definition of “qualified” non-citizens
under federal law;
AND
 meet certain residency requirements.
SSI residency issues:
A. Immigrants lawfully residing in U.S.
before welfare reform (8/22/96)
 if on SSI on 8/22/96, can keep getting SSI as long as
elderly or disabled.
 if not on SSI on 8/26/96, can get SSI now if:
• “qualified” AND
• disabled.
 Cannot get SSI based on age (≥ 65).
B. Immigrants arriving
after welfare reform
(coming to U.S. or adjusting to LPR status
after 8/22/96)
 If “unqualified,” can’t get SSI.
 Even if “qualified,” probably can’t get SSI.
3 exceptions:
Exceptions to SSI ineligibility for those
attaining “qualified” status after 8/22/96:
1) refugees, asylees, & those granted withholding:
7 year window of eligibility (from date of grant of status).
2) U.S. veterans, active-duty members of U.S. armed
forces, & spouses or minor children of vets & active
duty members:
no time limits, not subject to 5-year bar.
Hmong soldiers who fought with the CIA in
Vietnam War not considered “U.S. veterans.”
3) workers (or those credited with ≥ 40 work quarters):
no time limits, but 5-year bar applies.
Note about work exception:
o Only work where FICA taxes deducted from pay
counts toward 40-quarter requirement.
o Quarters attributable from spouse to spouse & from
parent to minor child. Minor children can carry
parents’ quarters into adulthood.
o Any quarters worked after 12/31/96 in which
household received federal “need-based” benefits
(AFDC, MFIP, SNAP, SSI, MA) do not count.
Sponsor-deeming
& Social Security
o
Because SSI is need-based, sponsordeeming may preclude eligibility.
o
Because SSDI is not need-based,
sponsor-deeming does not apply.
b. SNAP
 Except when sponsor-deeming applies, all
“qualified” non-citizens potentially eligible
for SNAP.
 Applicants may have to wait 5 years to
get SNAP benefits (due to 5-year bar).
Groups that don’t have to wait
5 years to get SNAP:
 refugees, asylees, & those granted withholding of
deportation
 U.S. veterans & active-duty members of U.S. armed
forces (& spouses & unmarried dependents)
 elderly immigrants who, as of 8/22/96, were “lawfully
residing” AND ≥ 65
 disabled (certified by State or SSA)
 < 18
 Hmong or Highland Lao
9. State (& federal/state)
cash & food benefits
“steps” toward citizenship
 Most recipients of state-funded assistance must take
“steps” toward obtaining citizenship.
 Don’t have to take steps if:
 legally residing in U.S. < 4 years
 ≥ 70 OR
 living in nursing home, group home, or similar
facility.
“Steps” toward citizenship
“steps” =
o taking citizenship, literacy, or ESL class
o being on wait list for ESL or literacy class
o having application for citizenship on file
o applying for waiver of citizenship test requirements
o failing citizenship test ≥ 2 times or being unable to
understand rights & responsibilities of citizenship.
“Lawfully residing people”
Some non-citizens not eligible for federal benefits
may get state-funded benefits:
 Lawful Temporary Residents
 people with Temporary Protected Status (TPS)
 applicants for asylum or withholding who have
employment authorization
 Spouses/children of U.S. citizens with approved visa
petition or pending application for adjustment to LPR
 others permitted to stay in US for humanitarian or
public policy reasons, including those with Deferred
Enforced Departure [DED], deferred action, voluntary
departure
Victims of Trafficking: T Visas
o Victims of trafficking who have “T” visas
eligible for both federal AND state-funded
benefits to extent that refugees eligible.
o To qualify, T visa holders must get
certification from Office of Refugee
Resettlement (ORR).
Crime Victims: U Visas
• U Visa is “non-immigrant” visa. Recipients not
eligible for federally-funded benefits.
• U Visa holders not eligible for state-funded cash
benefits.
• U Visa holders are eligible for MinnesotaCare.
• U Visa holders are eligible for state-funded food
benefits (MFAP) if categorically eligible (i.e., ≥ 50).
DACA recipients
o Those granted Deferred Action for Childhood
Arrivals (DACA) not considered “lawfully residing”
for MA (according to HHS).
o DACA recipients should qualify for MinnesotaCare
but don’t, according to MDHS.
o DACA recipients are potentially eligible for EMA.
o Probably not eligible for cash or food assistance.
a.
cash & food: family cash benefits
(i) FSS – Family Support Services
(ii) DWP – Diversionary Work Program
(iii) MFIP – MN Family Investment Program
(iv) WB – Work Participation Cash Benefits
 MFIP, DWP, FSS & WB = family cash assistance
programs that have replaced AFDC. Some are
funded with federal TANF $$; some are state-funded.
Those ineligible for federally-funded benefits can get
state-funded MFIP& DWP.
 They provide cash (& sometimes cash AND food)
assistance to families with minor children. Cash
grants for MFIP, DWP & FSS very low: $437 for
household of 2, $532 for 3, $621 for 4, $697 for 5,
etc.
FSS, DWP, MFIP & WB
 Most non-citizens here lawfully & permanently eligible
if categorically eligible, whether “qualified” or
“unqualified” under federal law.
 Certain non-citizens eligible only for state-funded
benefits. (Eligibility depends on date of arrival in U.S.
& immigration category).
 If getting state-funded benefits, must take “steps”
toward citizenship.
 Newly-arrived (here < 1 year) exempt from DWP.
(They get FSS 1st year here).
 Sponsor-deeming may preclude eligibility.
MFIP & DWP work plans & ESL
Most MFIP recipients have to work, unless exempted.
o Counties may allow non-English speakers to include
ESL in job search & work plans IF spoken language
proficiency level low enough on standardized testing.
o MFIP recipients may fulfill only half of work
participation requirements through ESL, unless
taking intensive functional work literacy.
o MFIP & DWP recipients may include ESL in work
plans for total of only 24 months (out of 60).
b. cash:
General Assistance (GA)
 GA = state-funded program for low-income,
low-asset individuals not living with minor
children.
 GA also for minor children whose adult
caregivers don’t qualify for MFIP due to
relationship status.
 GA pays $203 per month for individual & $260
for married couple.
 Immigrants residing lawfully & permanently in U.S.
(or with pending application for adjustment) may get
GA if meet other eligibility criteria.
 If < 70 & here ≤ 4 years, must take steps toward
citizenship.
 Sponsor-deeming may preclude eligibility.
c. Cash:
Minnesota Supplemental Assistance (MSA)
 MSA = state supplement for recipients of SSI (or
those who would receive SSI but for excess income).
Average MSA supplement = $81.
 Purpose generally to ameliorate high housing costs.
 Strict immigration requirements. If ineligible for SSI
because of immigration status, ineligible for MSA.
 SSI recipients living in “shared households” usually
ineligible for MSA.
 Non-citizens must take “steps” toward citizenship, &
sponsor-deeming may prevent eligibility.
d. cash: EA & EGA
Emergency Assistance (EA) & Emergency GA (EGA)
designed to prevent destitution,
providing cash grants to resolve crises.
 Both EA & EGA funded through block grants from
State, so individual counties have great deal of
discretion in determining eligibility & administering.
 Lawfully- & permanently-residing residents eligible
for EA & EGA to same extent (& subject to same
limitations) as U.S. citizens.
 Sponsor-deeming may preclude eligibility, but
applicants may qualify for indigence exception.
e. non-need-based cash:
Unemployment Insurance (UI)
UI benefits can be paid if worker was:
• lawfully admitted for permanent residence at time of
employment;
• lawfully present for purposes of employment; OR
• permanently residing in U.S. under color of law at
time of employment.
Work done before attaining legal status does not count
toward earnings requirements.
UI benefits not need-based; therefore not subject to
sponsor-deeming.
f. Food
MFAP – Minnesota Food Assistance Program
created especially to provide food assistance to
non-citizens ineligible for Food Stamps (now
SNAP) as result of welfare reform
 Lawfully- & permanently-present non-citizens not on
MFIP, in U.S. < 5 years, who may not be eligible for
SNAP because of 5-year bar, may get MFAP.
 Benefits available only to those ≥ 50.
 MFAP follows federal SNAP laws & regulations.
 Recipients may be subject to sponsor-deeming.
g. health care
(i) Medical Assistance (MA)
MA available to immigrants who are:



low-income & low-asset;
“qualified” under federal law; AND
categorically eligible, meaning they’re:
•
•
•
•
•
•
pregnant
living with minor children or in MFIP household
<21
≥ 65
certified disabled by State or SSA; OR
≥ 21, without kids, & living ≤ 133% FPG
Sponsor-deeming may preclude eligibility.
In 2011, Minnesota legislature eliminated statefunded MA statutorily, effective 1/1/12, for noncitizens lawfully residing in the U.S. who were not
eligible for federally-funded assistance.
Implementation of change took place 3/1/12.
No longer eligible for MA, since end of
state-funded program, are:
o people considered “otherwise lawfully residing” who
don’t meet definition of “qualified” under federal law;
AND
o LPRs during 5-year bar.
o All should qualify for MinnesotaCare, except those
receiving Medicare.
NOTE:
 Pregnant women & children remain eligible for MA
(funded by CHIP, Children’s Health Insurance Program).
 No 5-year bar for pregnant women & children.
Special eligibility for
torture survivors
Those receiving “care and rehabilitation” services from
Center for Victims of Torture (CVT) qualify for special
state-funded MA & do NOT have to meet MA guidelines
in terms of:
o categorical eligibility;
o income & asset restrictions; OR
o immigration requirements.
(ii) Emergency Medical Assistance (EMA)
 Basic safety net health care program.
 Can provide health care services to “medically
needy” people who are undocumented, have lapsed
documentation, or otherwise would be ineligible due
to sponsor-deeming.
 Has never covered organ transplants or “related
procedures.”
EMA is available only to those
categorically eligible for MA (i.e.,
living in household with minor
children, pregnant, ≥ 65, certified
disabled, < 21, or ≥ 21 and living ≤
133% FPG).
EMA is for
“Emergency Medical Services”:
required for medical conditions manifested by acute
symptoms of such severity that absence of
immediate medical attention reasonably could be
expected to result in:
o Placement of patient’s health in serious jeopardy;
o Serious impairment to bodily functions; OR
o Serious dysfunction of any bodily organ or part.
Since 1/8/12, EMA no longer covers
chronic conditions:
o MN legislature eliminated EMA eligibility for those
with chronic conditions.
o Exceptions made for those who would have
respiratory or cardiac failure within 48 hours but
for treatment.
o In 2012, legislature began allowing EMA for kidney
dialysis & cancer treatment.
o Current law limits EMA to care delivered in hospital
emergency rooms or ambulances; on in-patient
basis following ER care; & as follow-up care directly
related to ER treatment.
Medical coverage
for pregnant women
Pregnant women qualify without regard to
immigration status or sponsor income for:
 labor & delivery AND
 pre- & post-natal care for 60 days after birth
Funded by CHIP.
(iii) MinnesotaCare
 Need-based program with higher income allowances
than MA.
 Available to those ineligible for MA because of
categorical or income restrictions or 5-year bar.
 Available to those who meet income guidelines AND
who:
 are “qualified” non-citizens AND
 since 3/1/12, meet definition of “lawfully present”
under federal regulations, AND
 beginning 1/1/14, are non-immigrants.
 U Visa recipients should qualify.
 Sponsor-deeming may preclude eligibility.
DACA & MinnesotaCare
 While MinnesotaCare eligibility definition includes
those granted Deferred Action status, DACA
recipients may not be eligible for MinnesotaCare.
 According to Minnesota DHS health care chart,
DACA recipients (aside from pregnant women)
are potentially eligible only for EMA.
http://hcopub.dhs.state.mn.us/iapmstd/IAPM_documents/I
mmigration_Status_and_Minnesota_Insurance_Affordabili
ty_Program_Eligibility.pdf
10. Other benefits
Some benefits available without regard
to immigration status include:
• WIC (Women, Infants & Children) benefits
• school breakfast & lunch benefits
• benefits through Head Start
• K-12 free public education
• public health immunizations, & testing for & treatment
of communicable diseases
• soup kitchens, short-term shelter, etc.
• child care assistance for U.S. citizen children
11. Considerations for
mixed-status households
To avoid getting reported to Immigration, people
without proper documentation should be advised to:
 Tell agency they are not eligible for benefits for
themselves due to immigration status.
 Tell agency they are applying only for eligible
household member.
 Not provide details about their status to agency.
 Not provide Social Security number (unless
necessary for income verification).
 Verify earned income, from whatever source.
 Verify pregnancy if seeking health coverage.
SCENARIOS
A. Battered immigrants: Natasha
o Natasha, 36, came to US without papers. She left U.S.
citizen husband after he assaulted her with baseball bat,
causing traumatic brain injury.
o Friend letting Natasha stay in condo, stocked with food.
o Natasha filed VAWA petition & received notice last month
she’d made prima facie case for VAWA relief.
o Natasha’s main concern is medical coverage. Cognitive
functioning significantly impaired due to injury, & needs
home health care to remain out of nursing home.
o MA covers home health care; MinnesotaCare doesn’t.
o Natasha has no work history. She can’t work & would like
cash aid.
A. Natasha quiz
Natasha:
1.
is not yet eligible for any cash or health care
because she is undocumented.
2.
is eligible for GA & MinnesotaCare only.
3.
is eligible for SSI & MA since she is now
“qualified” non-citizen under federal law.
B. Sponsor-Deeming: Ralph & Mai Lia
o Mai Lia came to US with minor daughter, Bee (now 8), 6 years ago,
via relative petition signed by Mai Lia’s mom. Mom lives in
California with stepdad, who earns $200,000 a year.
o Last year, Mai Lia married widower Ralph, US citizen & MFIP
recipient with 6 kids. Mai Lia’s mom stopped talking to her after
marriage. Ralph added wife to MFIP grant, then added couple’s
new baby, Jethro, 2 months ago (he gets only food portion & MA).
o County just notified Ralph it erred by not counting Mai Lia’s
deemed income. Whole household ineligible for MFIP. MFIP
benefits terminated, household assessed huge overpayment.
o Ralph & Mai Lia just served with eviction notice from landlord.
o COUNTY SAYS:
 Ralph & all 8 kids remain eligible for MA.
 Kids can get SNAP.
 No one else is eligible for anything.
B. Ralph & Mai Lia quiz
Mai Lia should:
1.
Appeal MFIP termination & overpayment. County
erred in terminating household from MFIP and
assessing overpayment. U.S. citizen members of
household (i.e., 8 out of 10) remain eligible.
2.
Appeal imposition of sponsor-deeming, as Ralph &
all his children are U.S. citizens, & Jethro is citizen
AND was born after date I-864 was signed.
3.
Reapply for MFIP & SNAP & start working on
citizenship application.
C. Reporting and Public Charge:
Tamara & Mustafa
o Tamara, U.S. citizen, is unemployed & married to
Mustafa, whose student visa expired. He hopes to adjust
to LPR sometime in future.
o Mustafa works part-time (not enough) using SSN he
obtained on black market. Neither spouse qualifies for UI.
o Couple has 2 minor children born in U.S. Household
needs food, medical & cash.
o Tamara worries that applying for benefits will:
 impel County to report Mustafa’s lapsed status to
Immigration;
 get him in legal trouble for using false SSN; &
 detrimentally affect his chances of adjusting.
C. Tamara & Mustafa quiz
Tamara should:
1.
apply only for medical & food benefits & report
Mustafa’s wages to County as part of application
process.
2.
Apply only for medical & food benefits, but not
report Mustafa’s wages to County as part of
application process.
3.
Not apply for any benefits.
4.
Apply for all benefits. She has nothing to fear;
she’s merely being worry-wart.
D. SSI: Tang
o Tang, 52, is from Laos. She came to U.S. as refugee little
>7 years ago.
o Tang speaks no English. She suffered trauma in her
youth & can’t work. She likes to keep to herself. She
started getting SSI & MSA three years ago due to PTSD.
o Because she had $802 in monthly income, Tang could
afford own apartment.
o Recently, Tang’s SSI & MSA terminated because she is
not U.S. citizen. Tang applied for GA but doesn’t know
how she’ll pay rent. County says she can’t get GA until
she signs up for ESL, literacy, or citizenship classes.
o Tang wants SSI benefits back.
D. Tang quiz
Tang should:
1.
ask Social Security to reinstate SSI benefits; as Hmong
refugee, she is not subject to 7-year limitation.
2.
file new application for SSI since she hasn’t used up her
7 years of benefits yet.
3.
apply for subsidized housing & enroll in citizenship
classes.
4.
appeal County’s termination of her MSA benefits, as
MSA is state-funded program & has no 7-year limit.
5.
move to North Dakota, as she’ll automatically get SSI
there.