Transcript PUBLIC BENEFITS AND EDUCATION

PUBLIC BENEFITS AND
EDUCATION
PROGRAMS TO HELP
CHILDREN IN OUR CARE
Holistic Look at the Child
• Looking at all the needs/eligibilities of a
child in foster care;
• Issue spotting;
• Knowing when to refer to someone with
expertise.
• CLS initiative to connect dependent
children with outside lawyers.
Public Benefits
• These are programs administered by the
federal or state government for all
children, and adults, provided they meet
the program’s qualifications.
– Social Security
– SSI
– Veteran’s Benefits
– Medicaid
Social Security Administration
SSA administers different benefit
programs:
• Insured Benefits
– Survivor’s Benefits
– Social Security Disability Insurance (SSDI)
• Welfare Benefits
– Supplemental Security Income (SSI)
SSA Survivor’s Benefits
• These are benefits that are paid out to surviving
family members of a deceased insured worker.
• Unmarried children who are younger than age
18 (or up to age 19 if they are attending
elementary or secondary school full time) also
can receive benefits. Children can receive these
benefits at any age if they were disabled before
age 22 and remain disabled – therefore, need to
consider applying for SSI on the child’s own
account before aging out of care.
Survivor’s Benefits, cont’d
• Under certain circumstances, benefits also can be paid
to an insured worker’s step-children, grandchildren or
step-grandchildren.
• Important to identify the persons on whom the child in
care was dependent before coming into care. As long as
the dependency relationship existed prior to the child’s
adjudication of dependency, being in care does not alter
the child’s rights to benefits on the adult’s account.
• Even after TPR or a subsequent adoption, the child still
can receive benefits, but only if the adult is a biological
or adoptive parent. (This is also true re SSDI benefits if
the adult is disabled.)
Survivor’s Benefits, cont’d
• If child is already receiving benefits (a
question you’ll need to ask the persons
from whom the child was removed), need
to determine if that person who is the
representative payee should continue to
receive the benefits, and pay them over as
child support, of if the dept./CBC should
apply to become the representative payee.
What is a Representative Payee?
• A representative payee is an individual or
organization that receives Social Security and/or
SSI payments for someone who cannot manage
or direct the management of his/her money.
Payees should use the funds for the current and
foreseeable needs of the beneficiary and save
any remaining funds for the beneficiary's future
use.
• Minors must have a representative payee.
Survivor’s Benefits, cont’d
• If the child’s parent, or other qualifying
family member dies while the child is in
care, as soon as you learn of this death
you will need to make the application for
benefits for the child.
– Waiting to apply can mean a loss of months of
benefit payments.
Applying for Survivor’s Benefits
• Apply for survivors benefits promptly
because, in some cases, benefits will be
paid from the time you apply and not from
the time the worker died.
• You can apply by telephone or at any
Social Security office.
• You will need numerous documents.
Documents needed for Survivor’s
Benefits
• Proof of death—either from a funeral
home or death certificate;
• The Social Security number of the
deceased worker (the family member)
• The dependent child’s Social Security
number, if available, and birth certificate
• The name of your bank and account
number so the benefits can be direct
deposited (Master Trust issues).
Survivor’s Benefits - Amount
• The benefit amount is based on the
earnings of the person who died. The
more the worker paid into Social Security,
the greater the child’s benefits will be.
• This money will accumulate in the child’s
Master Trust, and used accordingly. There
is no limit to how much money the child
can accumulate from this benefit.
Duties of the Representative Payee
• Determine the beneficiary’s needs and use his or her
payments to meet those needs;
• Save any money left after meeting the beneficiary’s
current needs in an interest bearing account or savings
bonds for the beneficiary's future needs;
• Report any changes or events which could affect the
beneficiary’s eligibility for benefits or payment amount;
• Keep records of all payments received and how they are
spent and/or saved;
• Provide benefit information to social service agencies or
medical facilities that serve the beneficiary;
• Help the beneficiary get medical treatment when
necessary;
• Complete written reports accounting for the use of funds.
Disability Benefits
• Disability benefits are paid through two
sources:
– SSDI - an insurance program for workers
who have paid into the system, and
– SSI – a welfare program for aged, blind or
disabled persons with limited income and
assets.
• Definition of disability is the same for both.
SSDI
• Children may receive SSDI benefits when a
parent or, in certain situations, a step-parent or
grandparent, receives SSDI themselves.
• The amount of the benefit depends on the
parent’s length of covered employment and total
number of beneficiaries.
• Must apply to receive if child not already
receiving benefits when comes into care, or
apply to become representative payee.
• Again, no limit to amount child may accumulate
in the master trust account.
Supplemental Security Income
• SSI is a welfare program for persons who
are aged, blind or disabled. Children may
participate in this program.
• Because it is a welfare program, there are
maximum income and asset limitations.
Therefore, there must be more careful
oversight of children in care receiving SSI,
to ensure that no “overpayment” occurs.
Basic SSI Disability Rules
A child must meet all of the following requirements to be
considered disabled and therefore eligible for SSI:
• The child must not be working and earning more than
$940 a month in 2008. (This earnings amount changes
every year.)
• The child must have a physical or mental condition, or a
combination of conditions, that results in “marked and
severe functional limitations.” This means that the
condition(s) must very seriously limit the child’s activities.
• The child’s condition(s) must have lasted, or be expected
to last, at least 12 months; or must be expected to result
in death.
Presumptive illnesses
• If a child has the following conditions, SSA
will begin making the SSI payments
immediately, while the State processes the
application. If the State eventually denies
the application, the child will not have to
repay the benefits paid out before the nondisabled determination.
Presumptive illnesses
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HIV infection
Total blindness
Total deafness
Cerebral palsy
Down syndrome
Muscular dystrophy
Severe mental retardation (child age 7 or older)
Birth weight below two pounds, 10 ounces
Applying for SSI
• The application needs to include
information about the child’s medical
situation, both current and historical, and
functioning at home and in school through
records and other relevant facts as to
whether the child is unable to perform the
normal daily activities of a child.
• You may be asked to take the child to a
medical exam or test, which SSA pays for.
Information to Provide
• When you apply for benefits for a child, SSA will
ask you for detailed information about the child’s
medical condition and how it affects his or her
ability to function on a daily basis. SSA also will
ask you to give permission for the doctors,
teachers, therapists and other professionals who
have information about the child’s condition to
send the information to them.
• If you have any of the child’s medical or school
records, take them with you. This will help speed
up the decision on the application
What Happens Next?
• The application will be processed, which can
take many months.
• During this process, the child may be asked to
submit additional medical or school records, or
to submit to medical exams or testing or
evaluations. SSA will pay for any such services.
• If the child has one of the listed presumptive
conditions, benefits will begin immediately.
Otherwise, you wait for a determination letter.
If the Application is Accepted
• If SSA agrees that the child is disabled, as
the representative payee, you will receive
a letter telling you when the child is
deemed disabled, what date the monthly
benefits will start and their amount, as well
as the retroactive lump-sum benefit.
• If lump sum benefit is for more than six
months of payments, must open a
“dedicated account” for those payments.
Dedicated SSI Account
• This must be a separate account, and no
other funds can be mingled in the account.
• These funds may only be used for specific
types of expenses, and may not be used
for “basic monthly maintenance,” such as
food, clothing or shelter. This means that
the dept./CBC cannot deduct the “cost of
care” for the months this money
represents.
Uses of Dedicated Funds
You can use the money only for the following expenses:
medical treatment; and
education or job skills training.
The following expenses are also allowed, if they benefit the
child and are related to the child's impairment:
personal needs or assistance (e.g., in–home nursing
care needed);
special equipment;
housing modification;
therapy or rehabilitation; or
other items or services approved by your local Social
Security office.
SSI Income and Asset Limitations
• SSI = a welfare program. (SSDI is an insurance
program.)
• Income:
– SSA does not count most of the child’s income once
disability is determined. If the child is younger than
age 22 and a student who regularly attends school,
SSA excludes even more of earnings each month. In
2008, disabled students younger than age 22 may
exclude $1,550 of their monthly earnings, with an
annual limit of $6,240. These limits increase each
year. But the $ 2000 asset limit still applies.
– The rep payee (case manager) must report this
income to SSA.
SSI Income and Asset Limitations
• Assets cannot exceed $2000 at any given
time.
– Excluded assets:
• Individual Development Account,
• Dedicated lump sum account, and
• Money in a PASS account.
• DCF Master Trust CFOP 175-59 requires
an “Expenditure plan”, to avoid losing any
benefits.
PASS Accounts
• Plan to Achieve Self-Support.
– A tool to set aside income or resources that
exceed the normal maximum for a work or
education goal.
– PASS money must be set aside separately
from SSI benefits, and accumulated (or spent)
to purchase the goods and services
necessary to achieve the stated goal.
– For youth ages 15 and older.
PASS, cont’d
• PASS Plan must be approved by SSA;
• Must have a specific work or education goal which the
child can probably reach;
• State how long it will take to reach the goal;
• State what income or resources will be set aside and
how it will be spent;
• Explain how you will keep the income or resources set
aside separate from other money the child has; and
• Describe any goods and services that will be needed to
reach the goal and explain why they are needed.
• Seek help with the PASS application.
What if SSA Denies the Claim?
• Many valid claims are denied by SSA.
• Go through an appeals process.
– Includes a denial of a PASS application.
• Refer the child to an attorney (or
paralegal) who specializes in Social
Security Appeals.
– CLS initiative
– Legal Aid or Contingency Fee Attorneys
What if SSA Denies the Claim?
• Do not try to handle the appeal yourself.
– Very specialized work; requires a specialist to
handle correctly.
• Do not decide on your own not to appeal.
Let a specialist (attorney or paralegal)
decide if an appeal is worthwhile.
• Doing the child (and the agency – “cost of
care”) a disservice if don’t explore appeal.
Veteran’s Benefits
• Benefits for death during service
– Dependency and Indemnity Compensation
• When there is a surviving spouse, the 2008 monthly benefit
for each child is $271. This will be paid to the spouse.
– Children are eligible for this compensation under the
following conditions:
• until they marry or turn 18 (or 19 if still in secondary school)
• if they are between the ages of 18 and 23 and are attending
a VA approved institution of higher learning
• for life, if they are disabled
Veteran’s Benefits, cont’d
– If there is no surviving spouse, DIC will be paid in
equal shares to the children of the deceased veteran.
• Life Insurance (SGLI). If no surviving spouse,
will be paid to the children in equal shares.
• Dependent’s Educational Assistance
– Ages 18 – 26
– Ages 14 – 18, with physical or mental disabilities may
receive benefits for special restorative training to
lessen or overcome impairment
Veteran’s Benefits, cont’d
To apply:
• This is a very specialized area. The best way to
apply is to go through your local County VA
service office.
• Offices are listed by county at this link:
• http://www.floridavets.org/organization/cvso.pdf
• As with all federal programs, if you are denied,
you can (and probably should) appeal.
Education Issue
• Challenge: § 39.4085(17), F.S.
establishes a goal for foster children that
they will have
– minimal disruption to their education and
– Retention in their school of origin, if
appropriate.
– This is the school the child attended immediately before
becoming homeless. (E.g., the school the child attended
while living with parents before shelter placement.)
Education
• Possible Solution
– Use of the McKinney-Vento Act.
– This is a federal law that applies to Florida
because we take dollars from that program.
– This Act provides for educational services of
children who are “homeless”
– Definition of “homeless” is very broad and
includes “children awaiting foster care
placement”.
Awaiting Foster Care Placement
• The federal government allows the states
to define what this means.
• Clearly, when a child is taken into shelter
care.
• Possibly, when a child returns from nonlicensed care, DJJ placements, residential
treatment, hospitalization, etc.
Benefits of McKinney-Vento
• The right to remain in one school, even if their
temporary living situation is located in another school
district or attendance area, as long as remaining in that
school is in their best interest. The school is known as
the school of origin (defined as the school in which the
student was last enrolled or where the student attended
when permanently housed). Or the school of choice.
• The right to receive transportation to and from the
school of origin.
• The right to enroll in school and begin participating
fully in all school activities immediately, even if they
cannot produce normally required documents, such as
birth certificates, proof of guardianship, school records,
immunization records, or proof of residency.
• Supplemental services such as tutoring and
mentorship.
Benefits of McKinney-Vento
• Once determined to be homeless, a child
remains homeless for the remainder of the
school year.
• E.g., if a child is taken into shelter care,
moved into foster care, then moved into
relative placement in one school year,
child can remain in the school of origin
despite these 3 different placements, if this
is in child’s best interest.
School of Origin Issue
• While the law allows the child to remain in
the school of origin, it does not require
this.
– If the child or legal custodian decides this in
not in the child’s best interest, then the child
may enroll in the school of the child’s choice,
provided the child otherwise qualifies for this
school.
How to access this program
• Contact the local homeless education
liaison, from the school district of the
school of origin.
• Liaisons are listed by county at:
http://www.fldoe.org/bsa/title1/homeless_c
oordinators.asp
Disagreements
• If there are any disagreements with the school
board, e.g., as to
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Status of child as homeless
Choice of school enrollment
Transportation
Other services
• A dispute resolution process exists.
– As usual, speaker’s advice is to appeal any adverse
decisions for the child
– Seek help of an attorney – through CLS
Medicaid Issue
• Numerous categories for Medicaid
coverage for children. See Rule 65A1.703, F.A.C.: Family-Related Medicaid
Coverage Groups. Categories include:
– Children in foster care;
– Children placed for adoption or adopted;
– Children in poverty
• Different categories have different
eligibility requirements.
Medicaid for Dependent Children
When a dependent child is placed into nonlicensed care, i.e., relative or non-relative
custody, the Medicaid coverage is
important to continue for the child’s
benefit.
Coverage is in the child-only category.
Issue: what can DCF and its partners do to
ensure the child’s Medicaid coverage
continues?
Medicaid for Dependent Children
• Custodians must be told that the children
in their custody are eligible for Medicaid on
their own, i.e., the custodian’s assets and
income are not counted.
– Many times relatives don’t want to apply for
cash assistance (relative caregiver benefits)
because they may not need the money and
don’t want to take their time to do this.
– They don’t realize that the child is still eligible
for Medicaid, and therefore don’t apply.
Custodians and Medicaid, cont’d
• Non-relative custodians are not eligible for
cash assistance, so they usually do not
know that the children are Medicaideligible. They clearly need to be told this,
and encouraged (and helped) to apply.
• Although custodian’s income and assets
are not counted, the child’s own income is
counted, but the child’s assets are not.
Benefits of Continued Medicaid
• This ensures the child’s medical and
psychiatric/psychological care can
continue with the same providers, to avoid
disruption of treatment.
• Trust issues for the child;
• Knowledge issues for the medical providers.
• Coverage greater than with private
insurance.
Helping Custodians Apply
• Case Managers should assist the nonlicensed custodians in dealing with ESS to
ensure continued Medicaid coverage.
• Case Managers should ensure that the
non-licensed custodian understands the
benefits of Medicaid coverage.
Questions?
• Materials written by
Deborah A. Schroth, Esq.
Director of Training, CLS
[email protected]
(904) 251-5330
The author welcomes and will respond to your
inquiries.
8/22/08
Resources
• http://www.socialsecurity.gov/
• http://www.socialsecurity.gov/disabilityrese
arch/wi/pass.htm
• http://www.passplan.org/
• http://www.vba.va.gov/survivors/index.htm
• http://www1.va.gov/opa/vadocs/fedben.pdf
• http://www.vba.va.gov/bln/21/
Resources, cont’d
• http://www.fldoe.org/bsa/title1/titlex.asp
• http://www.ed.gov/programs/homeless/gui
dance.pdf
• http://www.abanet.org/child/education/%23
5_AFCP_FINAL.pdf
• http://www.dcf.state.fl.us/ESS/medicaid.sht
ml