Transcript Government Benefits for Non

Government Benefits
for Non-Citizens
April 16, 2012
Laura Melnick
SMRLS
651-894-6932
[email protected]
Government Benefits for Non-Citizens
1. Welfare reform
2. Definitions: qualified and unqualified
immigrants, 5-year bar, “battered immigrants”
3.
4.
5.
6.
7.
Sponsor-deeming
“SAVE”
Reporting to Immigration
Public charge considerations
Federal benefits:
a.
SSI
b.
food stamps
8. State and federal/state benefits
a. cash and food: TANF – families
(i) FSS (Family Stabilization Services)
(ii) DWP (Diversionary Work)
(iii) MFIP (MN Family Investment Prog.)
(iv) WBP (Work Participation Cash Benes.)
b. cash: adults GA (General Assistance)
c. cash: MSA (Minnesota Supplemental Assistance)
d. emergencies: EA (Emergency Assistance), and
EGA (Emergency GA)
e. non-need-based: UI (Unemployment Insurance)
f. food MFAP (MN Food Assistance Prog.)
g.
health care
(i) MA (Medical Assistance)
(ii) EMA (Emergency MA)
(iii) MinnesotaCare
9. other benefits
10.considerations for mixed-status
households
11.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 non-citizens
 required certain agencies to file reports with
Immigration
Post-1996 federal law changes (all good!)
 BALANCED BUDGET ACT OF 1997
added groups of non-citizens eligible for SSI based on
disability; extended 5-year window of benefits for
refugees & asylees to 7 years.
 1998 AGRICULTURAL RESEARCH ACT
restored food stamp eligibility to certain groups of
legal immigrants.
 FARM BILL OF 2002
significantly broadened eligibility for food stamps for
non-citizens beginning 2003.
 SSI EXTENSION FOR ELDERLY AND DISABLED
REFUGEES ACT OF 2008
allowed certain humanitarian immigrants an additional
2-3 years of SSI.
2. Definitions
Definitions used to determine
eligibility for FEDERAL benefits.
“QUALIFIED” NON-CITIZENS
 lawfully admitted for permanent residence under the
Immigration & Nationality Act (INA)
 “refugees,” including Haitian, Cuban, and Amerasian
immigrants
 granted asylum
 granted parol
 conditional entrants (granted before 4/1/80)
 “battered immigrants”
 deportation withheld or removal cancelled
 granted a T-Visa
“5-year bar”
A 5-year “bar” prevents immigrants from
receiving federal benefits during their first 5
years in “qualified” status.
Benefits affected are SSI, Food Stamps, and
federally-funded MFIP and MA.
During the 5-year period, immigrants may
receive state-funded benefits if they are
eligible for them and such benefits are
available.
“UNQUALIFIED” NON-CITIZENS
 have no documentation
 have expired documentation
 have applied for suspension of deportation or
cancellation of removal
 have applications pending for adjustment or
asylum
 are lawful temporary residents under an amnesty
program
 are non-immigrants (with temporary protected
status; or student, visitor, or temporary worker
visas)
 have U-visas (for crime victims)
“BATTERED IMMIGRANTS”
Immigrants who meet definition can qualify for range
of federal and state-funded government benefits but
must wait 5 years for food stamps, SSI or federally-funded MA:
o Applicant must have been battered or subjected to
extreme cruelty in U.S. by U.S. citizen or LPR
parent, spouse, or relative who resided in same
household as victim, AND
o applicant must no longer live with abuser, AND
o applicant’s need for benefits must be “substantially
connected” to abuse,
AND
applicant must either:
• be the spouse or child of a U.S. citizen
AND have petitioned for adjustment of
status under the Violence against
Women Act (VAWA); OR
• be the spouse or child of a U.S. citizen
OR LPR AND have petitioned for
cancellation of removal under the
Immigration and Nationality Act (INA).
3. Sponsor-deeming
attribution of income from sponsor to immigrant
can make certain immigrants COMPLETELY
INELIGIBLE for almost all types of public assistance!
 1996 welfare reform law required sponsordeeming.
 Deeming pursuant to 1996 law change began on
December 19, 1997 with creation of “Affidavit of
Support” forms (form I-864).
 Deeming applies only to family-based
immigrants (immigrants arriving through petition
from family member).
Deeming does NOT apply to:
 refugees
 asylees
 diversity visa (visa lottery) recipients
 immigrants with Temporary Protected Status
 legal immigrant children under 18 (for food
stamps and MA only)
 pregnant women (MA only)
How deeming works
• Generally, 100% of income & assets of sponsor
•
•
•
•
AND sponsor’s spouse are considered fully
available to immigrant. (For food stamps,
deeming is a little less harsh).
Sponsor’s family size & fixed debts are irrelevant.
Burden of proving sponsor has little income is on
immigrant applying for public assistance.
Income and assets are deemed until: immigrant
becomes U.S. citizen, works 10 years at Social
Security-covered work; or dies; OR sponsor
permanently leaves U.S. or dies.
Divorce from sponsor has no effect on deeming.
• Whether deeming will affect people
other than sponsored immigrant will
vary depending on type of assistance
program.
• In TANF (MFIP family cash program),
income is deemed to all members of
“assistance unit.”
• In MA, income and assets are deemed
only to immigrant, not to household
members.
Exceptions to deeming
2 exceptions allow immigrants subject
to deeming to get benefits without regard
to sponsors’ income and assets: :
A. Indigence exception:
 Sponsor-deeming will NOT apply if welfare agency
determines that, as a result of sponsor’s failure to
support, immigrant is without food or shelter.
 Govt. can provide benefits for up to 12 months, with
12-month renewal available.
 Govt. can sue sponsor for benefits provided to
immigrant. (Immigrant can sue sponsor, too).
B. Battered spouse/child exception
 Sponsor-deeming will NOT apply for 12 months if
immigrant or child has been battered or subjected to
extreme cruelty by spouse or parent, or by a relative
of spouse or parent residing in same household. Full
range of state-funded benefits is available.
 Immigrant cannot have participated in abuse of child.
 Immigrant must show that battery or cruelty is
substantially connected to the need for benefits.
 After 12 months, exemption will end unless battery
was perpetrated by sponsor AND has been
recognized in a court order (such as an Order for
Protection) or determination by Immigration.
 Govt. can sue sponsor for benefits provided to
immigrant. (Again, immigrant can also sue).
Benefits to which deeming applies
Deeming applies to:
 cash programs: SSI, MSA, GA, MFIP, EA
 food programs: food stamps for adults and
for U.S. citizen children; MFAP
 health care programs: MA, MinnesotaCare
Deeming does NOT apply to:
o EMA (Emergency Medical Assistance)
o MA for pregnant women and children
o Food stamps for legal immigrant children
Special 3-year deeming for MFIP
• There is a special 3-year deeming provision
in state law for MFIP only.
• This deeming applies to immigrants who
came to U.S. through means other than a
relative petition (such as a diversity visa).
• It does not apply to refugees or asylees.
• Deeming under this program takes into
account the sponsor’s family size and support
obligations.
4. “SAVE”
Systematic Alien
Verification for Entitlements
o Inter-agency governmental informationsharing program
o Used to verify immigration status for
public assistance and public housing
o NOT used for reporting immigration
status (or lack thereof) to Immigration
5. Reporting to Immigration
requirement stems from 1996 welfare reform law
WHO IS REQUIRED TO REPORT?
Only:
agencies receiving “TANF” funds (in
Minnesota, that means county agencies
administering MFIP family cash benefits)
Social Security
public housing agencies contracting with
HUD
WHAT MUST BE REPORTED?
names, addresses, and other
“identifying information”
ON
anyone the worker “knows” is
unlawfully in the 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
are unwilling/unable to verify
 interpret “knowledge” very narrowly
 comply strictly with data privacy laws
6. Public charge considerations
 Receiving/having dependents receive certain public
benefits may affect ability to adjust to LPR status.
 Benefits subject to public charge considerations are:
 cash benefits: MFIP, DWP, SSI, MSA, GA
 long-term medical care (nursing home care)
 Benefits not considered include health care, WIC,
public health services, housing and energy
assistance, & other non-cash & special-purpose cash
benefits not intended for income maintenance.
 Receipt of food stamps should not be a factor for
public charge determinations.
BENEFITS!
7. Federal 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 age 65 or older.
SSDI, for people too disabled to work
who meet earnings requirements by
having paid into system via FICA wage
deductions.
To qualify for SSI, noncitizen
applicants must:
be defined as “qualified” non-citizens
under federal law;
AND
meet certain residency requirements.
SSI residency issues:
A. immigrants here before welfare reform
non-citizens who were Lawful Permanent Residents
(LPRs) in the U.S. before August 22, 1996:
 if on SSI on 8/22/96, they can keep getting SSI for as
long as they remain elderly or disabled.
 if not on SSI on 8/26/96, they can get SSI now if they
are:
• “qualified” non-citizens AND
• disabled.
 They cannot get SSI based on age (over 65).
B.
Immigrants arriving
after welfare reform
For non-citizens who came to the U.S. after August 22,
1996, or who adjusted status to LPR after that date:
 “unqualified” non-citizens cannot get SSI.
 Interestingly, most “qualified” non-citizens
also cannot get SSI.
There are 3 exceptions.
Exceptions to ban on SSI
for newer legal immigrants
Immigrants arriving after August 22, 1996
 1) Those granted refugee, asylee, or withholding
status can get SSI for 7 years after grant of status.
Certain humanitarian immigrants got additional
2-3 years of SSI; extension law ended 9/30/11.
 2) U.S. veterans & active-duty members of U.S.
armed forces, & their spouses and minor children,
can get SSI without time limits.
Hmong soldiers who fought with the CIA in the
Vietnam War are not considered “U.S. veterans.”
 3) Non-citizens who have worked at least 40 work
quarters (10 years) can get SSI without time limits.
Note about “40 work
quarters” exception:
o Only work where FICA taxes have been deducted
from pay counts toward the 40-quarter requirement.
o Quarters can be attributed from spouse to spouse
and from parent to minor child. Minor children can
carry parents’ quarters with them into adulthood.
o Any quarters worked after December 31, 1996 in
which federal “need-based” benefits (AFDC, MFIP,
food stamps, SSI, MA) were received by the
household do not count as quarters.
Sponsor-deeming
and Social Security
o Because SSI is a need-based
program, sponsor-deeming
may preclude eligibility.
o Because SSDI is not needbased, sponsor-deeming does
not apply.
b. food stamps
Except when sponsor-deeming
applies, qualified non-citizens are
eligible for food stamps.
Non-citizens exempt from the 5year bar for food stamps
(and therefore eligible immediately) are:
 refugees, asylees, & those granted withholding of
deportation
 U.S. veterans & active-duty members of U.S. armed
forces (& their spouses and unmarried dependents)
 elderly immigrants who were “lawfully residing” in
U.S. AND age 65 or older as of August 22, 1996
 legal immigrants certified disabled by State or SSA
 legal immigrants under age 18
 Hmong & Highland Laotian immigrants
8. State benefits
requirement for all state funded benefits:
“steps” toward citizenship
 Most recipients of state-funded assistance (including
state-funded MFIP and GA) must take “steps”
toward obtaining citizenship.
 Immigrants don’t have to take such steps if they:
 have legally resided in U.S. fewer than 4 years;
 are age 70 or older; OR
 are living in a nursing home, group home, or
similar type of facility.
“Steps” toward citizenship
Recipients of state-funded assistance
required to take “steps” toward citizenship
can meet the requirements by:
o
o
o
o
taking citizenship, literacy, or ESL classes
being on waiting list for such classes
having application for citizenship on file
being in process of applying for a waiver of
certain test requirements
o having failed citizenship test at least twice or
being unable to understand the rights and
responsibilities of citizenship.
“Lawfully residing people”
Certain people here on a non-permanent basis
who are not eligible for federal benefits may
qualify for state-funded benefits (GA, MFAP,
state-funded MFIP), including:
 Lawful Temporary Residents
 those with Temporary Protected Status (TPS)
 applicants for asylum who have employment
authorization
 spouses or children of U.S. citizens with
approved visa petition or pending application
for adjustment to LPR.
Crime Victims: U Visas
• Crime victims who are recipients of “U” Visas are
•
•
•
•
•
not eligible for federally-funded benefits; the U Visa is
a “non-immigrant” visa.
U Visa holders are not specifically eligible for statefunded cash or food benefits, either.
According to State law, they are not eligible for
MinnesotaCare.
According to state policy, they are potentially eligible
for state-funded food benefits (MFAP).
State policy is silent regarding the holders of U
Visas’ eligibility for cash assistance (GA, MFIP).
U Visa recipients should argue they qualify for statefunded cash and food benefits as “lawfully residing
people.”
Victims of Trafficking: T Visas
o Victims of trafficking who have “T”
visas are eligible for both federal and
state-funded benefits to the extent that
refugees are eligible.
o To qualify, T visa holders must get
certification from the Office of Refugee
Resettlement (ORR).
a.
cash & food: TANF
(i) FSS – Family Support Services
(ii) DWP – Diversionary Work Program
(iii) MFIP – Minnesota Family Investment Prog.
(iv) WBP – Work Participation Cash Benefits
MFIP, DWP, FSS & WBP are TANF
(temporary assistance for needy families)
programs that have replaced AFDC.
They provide cash assistance to families with
minor children. Cash grants for MFIP, DWP
& FSS are very low: $437 for a household of
2, $532 for 3, $621 for 4, $697 for 5, etc.
Adults without minor children are not eligible
for FSS, DWP, MFIP or WBP.
Non-citizen eligibility for
FSS, DWP, MFIP & WBP
 Most legal non-citizens permanently in the U.S. are




eligible for FSS, DWP, MFIP or WBP if they meet the
other criteria, whether “qualified” or “unqualified”
under federal law.
Certain non-citizens can only get state-funded FSS,
DWP, MFIP or WBP. (Eligibility depends on date of
arrival in U.S. and immigration category, due to 5year bar).
Since 1/1/08, newly arrived immigrants (here < 1
year) are exempt from DWP.
Recipients of state-funded benefits must take
“steps” toward citizenship.
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 their job search & work plans if spoken
language proficiency level is low enough, based on
standardized testing.
o MFIP recipients may fulfill only half of work
participation requirements through attendance at ESL
classes, unless they’re taking intensive functional
work literacy.
o MFIP & DWP recipients may include ESL in their
work plans for a total of only 24 months (out of 60).
b. cash:
General Assistance (GA)
GA is a state-funded program for lowincome, low-asset individuals not living
with minor children.
GA pays only $203 per month for an
individual and $260 for a married
couple.
Legal immigrants residing in the U.S.
permanently (or with a pending
application for adjustment) may get GA
if they meet other eligibility criteria.
If under 70 and here at least 4 years,
they must take steps toward citizenship.
Sponsor-deeming may preclude
eligibility.
c. Cash: Minnesota Supplemental
Assistance (MSA)
MSA is a state supplement for recipients of
SSI or people who would receive SSI but for
excess income.
MSA serves to ameliorate the effects of high
housing costs.
SSI recipients living in “shared households”
are usually ineligible for MSA.
The average MSA supplement is $81.
Non-citizen recipients must take “steps”
toward citizenship, and sponsor-deeming
may preclude eligibility.
d. cash: EA and EGA
Emergency Assistance (EA) and Emergency GA
(EGA) are designed to prevent destitution,
providing cash grants to resolve crises. (A third
emergency program, EMSA, was eliminated
legislatively in November).
 Both EA and EGA are now funded through block
grants from the State, so individual counties have a
great deal of discretion in administering benefits.
 Legal, permanent residents are eligible for EA and
EGA to the same extent (and subject to the same
limitations) as U.S. citizens.
 Sponsor-deeming may preclude eligibility, but
applicants may qualify for the indigence exception.
e. non-need-based cash:
Unemployment
Unemployment Insurance - ”UI”
UI benefits can be paid if the worker was:
• lawfully admitted for permanent residence at the time
of the employment;
• lawfully present for purposes of the employment;
OR
• permanently residing in the U.S. under color of law at
the time of the employment.
Work done before gaining legal status does not count
toward earnings requirements.
UI benefits are not need-based and therefore are not
subject to sponsor-deeming.
f. Food
MFAP – Minnesota Food Assistance Program
 Legal, permanent non-citizens not on MFIP who have
been here fewer than 5 years (& therefore may be
subject to the bar on food stamps) may qualify for
food benefits through MFAP.
 MFAP benefits are available only to those age 50
and older.
 The MFAP program follows federal food stamp
regulations.
 MFAP recipients may be subject to sponsor-deeming.
g. health care
(i)
Medical Assistance (MA)
In general, MA is available to immigrants who:
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

are low-income and low-asset;
are considered “qualified” under federal law; AND
meet the categorical requirements, meaning they are:
•
•
•
•
•
•

pregnant;
living with minor children or in an MFIP household;
under 21;
65 or older;
certified disabled by State or SSA; OR
(since 3/1/11) over 21, without kids, and living at or
below 75% FPG.
Sponsor-deeming may preclude eligibility.
In 2011, the Minnesota legislature
eliminated state-funded MA statutorily,
effective 1/1/12, for non-citizens lawfully
residing in the U.S. who are not eligible for
federally-funded assistance.
Implementation of the change was delayed
until 3/1/12.
No longer eligible for state-funded MA,
effective 3/1/12, are:
o people considered “otherwise lawfully residing”
who do not meet the definition of “qualified” under
federal law; and
o lawful permanent residents subject to the 5-year bar
on receipt of federal benefits. This group is no longer
eligible during the 5-year waiting period.
NOTE: Pregnant women and children in these
categories will remain eligible for MA.
MA exception for
torture survivors
 Those otherwise ineligible for MA can get coverage if
they are receiving “care and rehabilitation” services
from a non-profit center established to serve victims
of torture.
 Those receiving such services do NOT have to meet
MA guidelines in terms of:
o categorical eligibility;
o income and asset restrictions; OR
o immigration requirements.
(ii) Emergency Medical
Assistance (EMA)
 EMA is a basic safety net health care program.
 EMA can provide health care services to “medically
needy” people who are undocumented, who have
lapsed documentation, or who otherwise would be
ineligible due to sponsor-deeming.
 EMA does NOT cover organ transplants or “related
procedures.”
EMA is available only to those
categorically eligible for MA (i.e.,
living in a household with minor
children, pregnant, elderly, certified
disabled, under 21, or 21 or older
and living at or below 75% FPG).
EMA is for
“Emergency Medical Services”:
required for medical conditions manifested by acute
symptoms of such severity that the absence of
immediate medical attention reasonably could be
expected to result in:
o Placement of the patient’s health in serious jeopardy;
o Serious impairment to bodily functions; OR
o Serious dysfunction of any bodily organ or part.
EMA is no longer available for
chronic conditions, effective 1/8/12:
In the past, Minnesota interpreted the “sudden onset”
language liberally to cover chronic health conditions.
o The 2011 Minnesota legislature eliminated EMA
eligibility for those with chronic conditions. State
law now says that EMA will no longer cover
chemotherapy, insulin, kidney dialysis, and mental
health care, for example.
o The new law also limits EMA to care delivered in
hospital emergency rooms or ambulances; on an
in-patient basis following emergency room care; and
as follow-up care directly related to the ER treatment.
EMA “limited exceptions”
 DHS issued “limited exceptions” in December
for some care and treatment provided in other
settings, without which the person’s
cardiovascular or respiratory condition
would be detrimentally affected (i.e., damage
would be expected to ensue within 48 hours
to health, bodily functions, or bodily organs or
parts).
 DHS will be issuing new guidance on 4/16/12
broadening the limited exceptions to cover
other bodily systems.
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
(iii) MinnesotaCare
 MinnesotaCare is a need-based program with higher
income allowances than MA.
 MinnesotaCare is available to those ineligible for MA
due to categorical or income restrictions.
 MinnesotaCare is available to those who meet
income guidelines AND:
 are “qualified” non-citizens OR
 Effective 3/1/12, meet the definition of “lawfully
present” under federal regulations.
 Sponsor-deeming may preclude eligibility.
9. Other benefits
Some benefits are available without
regard to immigration status, including:
•
•
•
•
•
•
•
WIC (Women, Infants & Children) benefits
school breakfast & lunch benefits
benefits through Head Start
K-12 free public education
public health immunizations & testing
soup kitchens, short-term shelter, etc.
child care assistance for U.S. citizen children
10. Considerations for
mixed-status households
To avoid getting reported to Immigration, those
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 is 36 and came to the US without papers.
o
o
o
o
She left her U.S. citizen husband after he assaulted
her with a baseball bat, causing traumatic brain
injury.
A friend is letting Natasha stay in her condo and has
stocked it with food.
Natasha filed a VAWA petition and received a notice
she’d made a prima facie case for VAWA relief.
Natasha’s main concern is medical coverage. Her
cognitive functioning is significantly impaired due to
her injury, and she needs some home health care in
order to remain in the community.
MA covers home health services; MinnesotaCare
does not.
A. Natasha quiz
Natasha:
1. is not currently eligible for any health care
because she is undocumented.
2. is eligible only for MinnesotaCare and, therefore,
cannot get home care.
3. is eligible for MA benefits because she is now a
“qualified” non-citizen under federal law.
4. will not be eligible for any benefits until she has
received final approval of her VAWA petition; at that
point, she will qualify for MA.
B. Sponsor-Deeming: Ralph & Mai Lee
o Mai Lee moved to US with minor daughter, Bee (now 8), 6 years
ago, via relative petition signed by Mai Lee’s mom. Mom lives in
California with stepdad, who earns $200,000 a year.
o 11 months ago, Mai Lee married U.S. citizen Ralph, a widower &
MFIP recipient with 6 kids. Mai Lee’s mom & stepdad stopped
talking to her after the marriage. Ralph added his new wife to MFIP
grant, then added couple’s new baby, Jethro, 2 months ago (he
only gets the food portion).
o County just notified Ralph it made a mistake by counting Mai Lee’s
deemed income. County has determined that whole household is
ineligible for MFIP. County has terminated household’s benefits
and has assessed it a huge overpayment.
o County says:
 Ralph and all 8 kids remain eligible for MA.
 Bee can get Food Stamps.
 No one else is eligible for anything.
B. Ralph & Mai Lee quiz.
The County:
1.
Is wrong re: overpayment; County can’t make Ralph
repay, since County was responsible for mistake.
2.
Is wrong to close cash and food benefits for Ralph &
older kids, since all are U.S. citizens; sponsor income
can’t affect them, especially when sponsor is a stranger.
3.
Is wrong not to give Jethro cash & wrong to end his
food benefits, since he was born in U.S. after effective
date of sponsorship (Mai Lee’s mom can’t be financially
responsible for after-born children).
4.
Is wrong to find Bee eligible for Food Stamps. How
could only child not a citizen be only one eligible for
food assistance?
5.
Is right, darn it!
C. Reporting and Public Charge: Tamara & Aden
o Tamara is U.S. citizen who is married to Aden. Aden’s
student visa has expired; he hopes to adjust to LPR status
sometime.
o Tamara is unemployed. Aden works part-time using SSN
he obtained on black market. Neither is eligible for UI.
Aden isn’t earning enough to make ends meet.
o The couple has 2 minor children born in U.S. The
household needs food, medical and cash. Tamara is
worried that applying for benefits will:
 cause County to report Aden’s lapsed status to
Immigration;
 get Aden in legal trouble because he’s using false
SSN; and
 harm Aden’s chances of adjusting to LPR status.
C. Tamara & Aden quiz
Tamara should:
1. apply only for medical and food benefits, reporting
Aden’s wages to County as part of application
process.
2. Apply only for medical and food benefits, but not
report Aden’s wages to County as part of
application process.
3. Not apply for any benefits. If she applies, County
will have to report Aden to Immigration, and he
could face removal (deportation).
4. Apply for all benefits. She has nothing to fear;
she’s merely being a worry-wart.
D. SSI: Tang
o Tang is 52, from Laos. She came to U.S. as refugee a
little over 7 years ago.
o Tang doesn’t speak English. She suffered trauma in her
youth and can’t work. She likes to keep to herself. She
started getting SSI a couple of years ago due to her
PTSD. She also got a state MSA grant.
o Because she had over $700 in monthly income, Tang
could afford for her own apartment.
o Recently, Tang’s SSI and MSA terminated because she is
not a U.S. citizen. Tang applied for GA but doesn’t know
how she’ll pay her rent. County says she can’t get GA
until she signs up for ESL, literacy, or citizenship classes.
o Tang wants her SSI benefits back.
D. Tang quiz
Tang:
1.
should ask Social Security to reinstate her SSI benefits;
as a Hmong refugee, she is not subject to the 7-year
limitation.
2.
should file a new application for SSI since she hasn’t
used her 7 years of benefits yet.
3.
should apply for subsidized housing, sign up for
citizenship classes, file a citizenship application, and
ask her doctor to complete a medical waiver form for it.
4.
should appeal the County’s termination of her MSA
benefits.
5.
should move to Nebraska, as she’ll automatically get
SSI there.