THE DANDELION CONNECTION
Volume 4 Issue 7 (716)
847-0655 ext. 216 November/December 1996
Copyright 1996, Neighborhood Legal Services, Inc.
FOCUS ON: Temporary Assistance to
Needy
Families (TANF)
ATTENTION: ANYONE WHO IS RECEIVING
PUBLIC ASSISTANCE
This year, a new federal law has been passed which is going to change the system of public assistance dramatically. Many individuals are now receiving public assistance under the Aid to Families with Dependent Children (AFDC) program. This is the program for households with minor children where one of the parents is incapacitated (absent, deceased, disabled or unemployed).
For 61 years, the federal government has guaranteed these benefits to families who met the eligibility criteria. Beginning October 1, 1996, the AFDC program no longer exists. Instead, the federal government will give each state a "block grant" (a specific lump-sum of money) to replace the AFDC benefits program. The new program will be called the Temporary Assistance to Needy Families (TANF) program. The state will now set up a TANF program with its own rules of eligibility and benefit amounts. The state must have their TANF program in place by July 1, 1997.
There are important limits placed on the state in setting up TANF, of which every family must be aware. Beginning from the date the State TANF program begins (sometime between now and July 1st), the adults in the TANF household can only receive TANF benefits for a maximum of 60 months (whether or not consecutive). After that, the entire family will be terminated from TANF. (Note that the months in which a person received TANF as a minor child and was not a head of a household do not count towards the 5-year limited.)
New York State currently offers another public assistance program, the Home Relief (HR) program, for any individual who does not already qualify for TANF benefits. The HR program was started by the state under state law and is funded only with state and county money. The HR program is in place now to pick up families who do not qualify for TANF, but it is not at all certain to what extent the HR program will still be in place in 5 years. It is possible that the State could change its HR program within the next 5 years.
You must begin to plan your course of action NOW. As soon as the state TANF plan is in place (between now and July 1, 1997), the TANF benefits clock begins running. Each month a family receives benefits after this brings the family closer to the 5-year limit.
Individuals must begin taking steps immediately towards self-sufficiency.
The new law allows up to 12 months of vocational education. Take advantage of it. Choose a training course and talk to your caseworker. Another option is to ask your caseworker to place you in a community service program through the Department of Social Services' CWEP or HIRE program. These two programs provide a means of obtaining on-the-job-training, which will help your resume look more appealing to future employers. Attend Project Dandelion=s Tuesday meetings which begin at 1:00 pm here at Neighborhood Legal Services. Project Dandelion can assist individuals who want to make it off public assistance and make referrals to other community agencies which aid in the transitional process. For more information, or to be placed on our mailing list, call 847-0650 ext. 216.
WELFARE REFORM:
WHAT DOES IT MEAN
by Lauren Breen
I recently attended a meeting of professors at the University of Buffalo. The topic was welfare reform. It was surprising to learn that even social workers and lawyers seemed to know very little about the new welfare law that President Clinton signed in August and which, at least in part, takes effect on October l, 1996. Some professors reported that their contacts in the New York State government also seemed confused by the new law and were not sure how the State will react to it. The new law seems to have confused many people and will take time to learn.
This series of articles will attempt to explain the law based upon information as it becomes available. Because information about how the law will be applied locally will come out between now and July 1997, we will do our best to inform you as to what to actually expect under the new system.
QUESTION
#1
Did the President end all welfare with
this new law?
A: No. Under the old law, the federal government gave an unlimited amount of money to states for cash benefits, depending upon how much a particular state spent on these benefits. This was called Aid to Families with Dependent Children (AFDC). Under the new law, the federal government has "limited" the amount of money that it will give to states for cash welfare. The new program is called Temporary Assistance for Needy Families (TANF).
QUESTION #2
Because of my family's low income level, I
was guaranteed cash welfare benefits under AFDC. Will my family be guaranteed
cash benefits under the new program, Temporary Assistance for Needy Families (TANF)?
A: No. The new law ends the federal guarantee of cash welfare benefits. States, however, are free to continue to guarantee cash benefits to those who qualify. To receive federal cash welfare money, states will have to show that they will distribute the money fairly. We do not know yet how New York will change its cash welfare program, if at all.
QUESTION #3
Will the adults in families receiving
Temporary Assistance for Needy Families be required to work?
A: Yes. Adults in families will have to work within two years of receiving benefits--or earlier if they are found "ready" for work. There are lots of exceptions to this rule under the new law and states can decide not to use some of the work rules under the new law. Until New York State decides exactly what work rules it will apply under the new law, we cannot answer this question properly .
QUESTION #4
How long can my family receive cash public
assistance under the new law ?
A: Families in which an adult has received "assistance" for a total of 60 months (5 years) will not be eligible for FEDERAL cash or in-kind public assistance. States can exempt up to 20 percent of their public assistance caseloads from this time limit and are free to use state money to continue benefits, if they choose to. States are also free to set shorter time limits on public assistance eligibility if they choose. Again, we do not know what New York State will do yet.
QUESTION #5
Does the new law refuse to increase cash
benefits if a family has a new baby while receiving public assistance?
A: No. However, the new law does allow states to place a "family cap" on benefits for families (i.e., refuse to increase benefits after the birth of a baby) if they so choose. We do not yet know what will happen in New York.
QUESTION #6
Will the new law affect my Medicaid?
A: Probably not. Under the new law, Medicaid remains a "needs-based entitlement." This means that if a person was eligible for Medicaid on the basis of income under the old law, that person will remain eligible under the new law. As with the old law, a welfare recipient can lose Medicaid for failure to comply with work requirements, which will be tougher under the new law. Welfare recipients who transition from assistance to self-support will also continue to be eligible for Medicaid coverage for up to one year after their cash benefits end.
QUESTION #7
Will the new law affect my child-care
benefits?
A: Yes, but we don't exactly know how yet. Under the new law, there is no longer a "guarantee" of child-care benefits for families receiving public assistance or for families transitioning off of PA. However, families with children under the age of six will be excused from work requirements if the reason they can't work is that child care is unavailable.
QUESTION #8
I have heard that child care
funding under the new law is higher than the funding was under the old law. Is this true?
A: No and Yes. Under the old law, the federal government gave money to the states for AFDC Child Care and Transitional Child Care on an unlimited basis. Under the new law, the federal government will continue to give money to the states for child care benefits for families receiving cash welfare under the Temporary Assistance for Needy Families (TANF) program -- also for families transitioning off of TANF and for families who are at risk of needing TANF benefits. Although the federal government will now limit the amount of money it will give to the states for child care assistance the level at which federal child-care funding is capped under the new law is actually higher than projected spending levels under the old law, so some might argue that funding is, in fact, higher under the new law .
QUESTION #9
Under the new law, will administration or
child-care dollars change?
A: Yes. Under the new law, both the TANF Child Care Block Grant and CCDBG money will be administered through the CCDBG program. We do not yet know how this will impact upon application for and receipt of child care assistance in New York State. It is possible that the application process may become easier under the new centralized system.
These are only a few of the questions that many people have about the new law and the answers are, in many cases, incomplete as of yet. We will try to include as much information as possible about the new law in articles over the following months. If you have a specific question, please send it to Project Dandelion and we will try to answer it in a subsequent article .
In the meantime...READ ALL NOTICES THAT YOU GET FROM YOUR CASEWORKER TO BE SURE YOU ARE DOING EVERYTHING POSSIBLE TO STAY ELIGIBLE FOR BENEFITS.
Lauren Breen is a former staff attorney at Neighborhood Legal Services who now sits on the NLS Board of Directors. She is a clinical instructor of law at the University at Buffalo School of Law in the Community Economic Development Clinic. She is currently working on a number of projects relating to child care under the Welfare Reform Act of l996. In connection with these projects, Lauren would like to speak with people who receive child care assistance benefits as part of their public assistance, as a transitional benefit or as a low-income working parent who is "at risk" of going back on PA. If you are interested in being interviewed, please call Lauren at 645-2167.
HEALTH WATCH
DEPRESSION
by Dr. Cheryl Nohejl
Many Americans live with depression. It occurs as often in the wealthy as in the poor. It occurs equally in all ethnic backgrounds. Statistics indicate that at least five percent of the population will experience a major depressive episode sometime in their life. In climates like ours in Buffalo, we see a milder form of depression called the "seasonal affective disorder" depression that begins late fall or early winter in certain individuals.
Variations in mood, like variations in activity levels, are normal. Every one has good days and "blue" or "down" days. For some of us, that feeling seems to occur more at holidays or on anniversaries of a specific event. A co-worker once described depression as a form of pain, not unlike what he experienced from his gout. The pain was real but how severe it seems and how much it controls one's existence varies from person to person. Often what we feel when we are depressed is a sense of loss. That loss can be real as when we grieve the loss of a loved one. That loss can be "perceived", as when we grieve the loss of what we think should have been, like the perfect holiday or the perfect gift. Some feelings of depression are so deep and so long-lasting that they significantly disrupt our day-to-day existence. It is when the depression controls us that we need to discuss our feelings with others and, frequently, need to seek medical advice.
Currently, medical literature classifies depression by how severely it affects an individual's day-to-day life. These classifications help us to decide how to treat a person. It helps us to be certain that we do not overlook a significant physical illness and to predict whether the depression will recur. Often, dealing with a chronic disease, will produce symptoms of depression. Substance use and abuse, including alcohol, cocaine, and heroin can produce depression. Many prescribed medications produce depression as a side effect. Conditions like thyroid disease, cancers, HIV infection, multiple sclerosis, strokes and Alzheimer's disease are some of the more common diseases with depression symptoms.
One of the most difficult aspects of depression is that the individual may not see how severely his/her existence has changed. Depression, by definition, affects four aspects of our lives: mood, thinking, behavior and physical health.
The mood is sad or unhappy with an empty feeling. The person is often worried or irritable. More often a depressed child will simply appear to be irritable or argue more. They may act out or talk back more.
Mentally, the person loses interest in things. He has trouble concentrating and making decisions. He has a low self-esteem, negative thoughts, and undeserved feelings of guilt. He can have thoughts of suicide, hallucinations or delusions. The person can have periods of crying and withdraw from friends and family. The person may be restless or very sluggish.
Physically, he can have difficulty falling asleep or sleep too much. He can have appetite changes with either rapid weight loss or gain. The person can feel overly tired. He can see a decrease in sexual interest. Sometimes physical symptoms are the most common finding. Often the depressed person will have headaches or abdominal pains but no physical cause can be found on medical exam.
When an individual has several of the above symptoms and they affect that person's ability to function on a day-to-day basis, medical advice should be sought.
Dandelion of the Month
K
Road blocks. Hard times. Nevertheless, the Dandelions just keep on coming. Here=s our Dandelion of the month, K, who though faced with adversity, kept pressing until she found her way out and off of welfare. A way out, because she was able to see through her circumstances at the time, which were a lack of education and employment; and a way off, knowing that if she kept fighting, there would be a brighter future for her children, who were depending on her to be their role model for the future.
Initially, K was a little reluctant about sharing her story with us, but I assured her that there were many men and women, young and old, who would be encouraged by what she had to say. K was 15 years old when she became pregnant with her oldest child. However, even at age 15, K had already made up her mind that she was not going to be another welfare statistic.
In 1988 K went back to school. Her mother served as an encouragement to her. "I remembered how hard my mother worked to send my sisters, my brother and me to private school, and I wanted the same opportunities for my children. I was frustrated with not having enough money to buy what I needed, so I was determined to finish school." In 1991, K obtained her degree in Computer Programming from Bryant and Stratton and found employment. At that time she needed day care, but did not know that she was entitled to Transitional Benefits. From 1991 to 1993, she paid for her own day care using family and friends as sitters.
In 1995 K lost her job at Catholic Charities. To her dismay, she found herself once again, turning to the Department of Social Services for assistance. Through much steadfastness and determination, she found employment at Public Broadcasting. Yet, there were obstacles. K needed child care and did not have the assistance of relatives and friends as she had in the past. "I needed day care for my children, and I was told that I had to pay for it up front. I wondered how this could be done since I had only worked one week."
It was around this time that a friend told K about Project Dandelion. She came to a Tuesday meeting and shared her concerns with the group. Jane Landry, an attorney for the Project at that time, assisted K in obtaining transitional benefits. Through many phone calls and letters to both the day-care center and the Department of Social Services, Jane was able to get the Department to pay for the first several weeks of day care for K's two children.
Usually, a parent must pay the first month's day-care costs herself. She is then reimbursed through the Department of Social Services budgeting procedure the next month. Simply put, it was a miracle.
K loves her job working for Public Broadcasting as a Membership Associate. She works hard as a single mom taking care of her two children, Alexandria, age 9, and Darrell, age 6, who both attend private school. Her message to other young men and women who are trying to make the transition from welfare to work, "Don't give up. If one route closes, find another one. Keep trying. Do it for your children".
This story was written
for those of us who have made mistakes while young, and thought about giving up. It also goes out to those individuals who fear finding employment, choosing a career, or more importantly, the upcoming changes in the welfare system. For those of you who are willing to fight for what you want, Project Dandelion will support you in your efforts. For those who may be afraid of being left alone to contend with making the transition from welfare to work, Project Dandelion can help get you started.
>Tis the Season to be Jolly. . .
OUCH!!!
For many people the holidays mean extra stress as well as extra loneliness. Money (actually lack of money) is often a major cause of worry and depression. Pressure to buy is everywhere and you begin to think that yours is the only family with problems. Everyone seems to have the perfect family except you.
How do we make it through these days? First, build a support system. As in any difficult life situation support is essential to making it through. Isolation is crippling. If you don=t have a family, try a church. Most churches have dinners, free plays and concerts...and who knows what else you might find. Many churches Aadopt a family/individual@ for the holidays.
Look in the Friday Gusto section of the Buffalo Evening News for free events. Don=t forget tree lighting ceremonies, snow festivals, the festival of trees and the festival of lights in Niagara Falls. Invite a friend or neighbor to join you.
Worried about gifts? Adults often appreciate simple things like a home-cooked meal or a batch of cookies. Sometimes a friendly visit is more than enough. For the kids C search out area churches, food pantries and organizations who try to fulfill children=s desires.
Keep busy with constructive activities and this holiday season may actually be enjoyable. Give it a try!
CMaggie O=Malley
Your Help is Needed
Project Dandelion believes that a crucial element to obtaining self sufficiency and surviving transition is moral support. If you feel that a Dandelion C male or female C could benefit from knowing you and your experiences you may be interested in helping us develop a mentoring program. Call 847-0650 ext 216 for information.
NO MORE SSD OR SSI
BASED ON ALCOHOLISM
OR DRUG ADDICTION
In March 1996, Congress made major changes in the rules Social Security uses to decide if a person applying for Social Security disability insurance (SSD) or Supplemental Security Income (SSI) benefits is "disabled". Under these new rules some people who are now receiving SSD or SSI will lose their benefits and more applicants will be denied.
The new rules change the way the the Social Security Administration looks at cases where a person may be disabled by their drug abuse or alcoholism (DA&A).
Before March 1996, drug abuse and alcoholism were just like all other medical conditions. If a person's drug abuse or alcoholism was serious enough to keep them from working for at least one full year C and medical reports proved this C the claim was likely to be allowed. If a person had drug abuse or alcoholism, together with other types of medical problems, such as arthritis, asthma, diabetes, HIV, etc., then Social Security considered all of the medically proven conditions together, to decide whether the person could work.
Since March 1996 drug abuse and alcoholism don't "count" for Social Security's SSD and SSI "disability" purposes. It does not matter what the medical records show or how severely limited a person may be. If the only medical condition is drug abuse or alcoholism, then Social Security must deny the claim. Similarly, if a person now has drug abuse or alcoholism, together with one or more other conditions, Social Security can consider only the work limitations caused by the "non-DA&A" medical conditions. If those limitations, standing alone, will not prevent the person from working. Social Securitv will deny the claim.
With these rules it is now much, much harder for a person with drug abuse or alcoholism to get SSD or SSI benefits. But it is not impossible! A person with current drug abuse or alcoholism, who has one or more other medical conditions, may still be eligible for SSD or SSI if:
"for the past six to twelve months, they have been, and currently continue in, medical treatment for their other conditions, and the limitations from these other conditions by themselves, show that the person is unable to work."
A person who used to have drug abuse or alcoholism, together with other continuing medically limiting problems, who can now show they have been "clean and sober" for six months to a year, will have a less difficult case to prove C as long as the "DA&A" problems are now behind them.
Social Security must also apply these new rules to individuals currently receiving SSD or SSI. If a case was approved, and drug abuse or alcoholism was important to the approval, the case will be reviewed. If there is not enough evidence to show "disability" under the new rules, benefits will end. This also means that the spouse and children of a person getting SSI benefits will lose their benefits in January 1997!
There are appeal procedures available, but the SSD or SSI benefits will NOT continue during these appeals. These rules are complicated and will be difficult for Social Security to apply fairly, so it will be especially important for people currently receiving SSD and, SSI to do everything they can to defend their benefits. Those making new SSD and SSI claims must understand what kind of medical treatment they need to support their applications.
Letter
from the Editor
by Darlene White
TO THE DANDELIONS:
When I began as a volunteer for Project Dandelion at it's inception in 1993, there was much talk about welfare reform. Admittedly, I did expect a modification in the country's welfare system, but I did not think the changes would take place so soon, nor would they be so drastic. The question is, are we going to let the world pass us by while we sit, suffer and complain, or are we going to stand up and execute the purpose and plan which was established for us? Each of us has a destiny to fulfill. I choose to fulfill my destiny with dignity and integrity. I am a Dandelion. I too have had to struggle to get off and remain off public assistance. Yes, I cried much, was depressed much, and my self-esteem took a vicious beating. But I'm still here, fighting for what I know is right. You see, you can crush a dandelion, cut it, batter it, and guess what? It pops right back up. And believe it or not, you can get the most out of them when you cook them.
I challenge each Dandelion to find out what his or her strengths and weakness are so that they might utilize and improve upon them. Project Dandelion is willing to help, but we can not do it alone.
TO THE SOCIAL AGENCIES:
As advocates, we have an arduous task ahead of us. It is important, more so now than ever before, to band together to help the individuals we serve by doing more outreach, sharing of information, and providing encouragement. The word advocate means "reassuring" "support," "intercessor" "law" (to all you scholars of law out there) and "comfort." Let's be true advocates in every sense of the word. If you think our agencies can work together to accomplish more, please call!
TO ALL BUSINESSES:
We are asking that you share your talents with those who will benefit most by them. Becoming a mentor to someone interested in your field of work would not only benefit the individual, but it would prove rewarding to you as well. Open your doors to become CWEP and HIRE work sites for the Department of Social Services so that individuals will have access to on-the-job training and become prepared for "real" jobs. We can no longer afford to complain about welfare recipients, because statistics have shown that the tables could turn on any one at any time. Everyone will benefit when seeds of experience are sown.
TO THE CHURCH: H... E... L... P... ! ! !
You have the greatest commission of all. Begin to organize programs that will help individuals now, because over the next several years, there may be no help available from the government, the city or the county. Yes, the church is our number one draft choice in the war against poverty. I am sure you know that there are many men, women and children who are not only distressed due to lack of food or shelter, but many have been literally swallowed up by hopelessness, physical abuse, mental illness, fatherlessness and neglect. One Psalmist wrote, "My tears have been my food day and night, while they continually say to me, 'Where is your God?' When I remember these things, I pour out my soul within me." Should a man have to pour out his own soul to himself? Should anyone be left alone to battle with depression and suicide, or a child be left to starve to death before there is a response? Is there no one around to hear their cry? Where is the Watchman?
MY ATTITUDE
I promise myself C
To be so strong that nothing can disturb my
peace of mind.
To talk health, happiness and prosperity to every person I meet.
To make all my friends feel that there is
something in them.
To look at the sunny side of everything and make my optimism come true.
To think only of the best, to work only for
the best and expect only the best.
To forget the mistakes of the past and press on to the greater achievements of the future.
To wear a cheerful countenance at all times
and give every living creatures I meet a smile.
To give so much time to the improvement of myself that I have no time to criticize others.
To be too large for worry, too noble for
anger, too strong for fear, and too happy to
permit the presence of trouble.
My attitude ...is my life
Project
Dandelion
Neighborhood Legal Services
295 Main Street
Ellicott Square Bldg. Rm. 495
Buffalo NY 14203