THE DANDELION CONNECTION
Ellicott Square Building., 295 Main Street Room 495, Buffalo, New York 14203
Volume 6 Issue 1 (716) 847-0655 ext. 226
January/February 1998
Copyright 1997, Neighborhood Legal Services, Inc.
THE NEW WELFARE LAW
IN NEW YORK STATE
Taken from Law Services News,
edited by the Legal Support Center for Advocates
The changes that are about to take place affect everything from public assistance budgeting to the agency structure at the former NYS Department of Social Services.
First of all, the names of the agencies involved at the state level will change. So will the benefit program names.
A new agency called the Department of Family Assistance (DFA) will replace the Department of Social Services.
Within DFA, the Office of Children and Family Services will run most of the services programs (e.g., Adult Services, Foster Care, Child Protective Services, child care, etc.) and will be merging with the Division for Youth.
The Office of Temporary and Disability Assistance (OTDA) will administer the benefit programs.
The Department of Labor will now be responsible for the work program at the local level and statewide.
The Department of Health is running the Medicaid program at the state level.
The Aid to Dependent Children program (ADC) is being replaced by the Family Assistance (FA) program (funded with federal Temporary Assistance to Needy Families (TANF) monies). One of the major differences we will see in the FA program will be the inclusion of two-parent households. (ADC primarily consisted of one-parent households.)
Home Relief recipients will now be receiving Safety Net Assistance (SNA). This can be in the form of cash or non-cash assistance.
The following are some of the more important provisions of the bill:
SAFETY NET ASSISTANCE (SNA)
This was previously known as Home Relief. There will be a cash SNA and a non-cash SNA category.
Beginning August 20, 1997 cash assistance is generally only available for two years to single adults, childless couples or minors. (This includes minors without children or minors who are not eligible for Family Assistance because they are not with an adult relative as required by that program.) After two years of cash assistance, they would switch over to non-cash. Exceptions to this time limit include adults who are exempt from work requirements.
Those in the SNA program will include:
Families ineligible for TANF assistance after a 60-month period*
Adults who do not reside with children
Families who live with an adult or minor head of household found to be abusing drugs or alcohol*
Those under 18 not living with a child and no adult relatives with whom to reside
Anyone who resides with a family member who refuses to comply with drug or alcohol screening or refuses to participate in appropriate rehab program*
Certain immigrants who are not eligible for TANF
* will get non-cash SNA
People put on the non-cash program will get the same amount of benefits as on the cash program, but the benefits will be "vouchered." That means they will be paid directly to the landlord, utility company, etc. Any remaining benefits will be put on a benefit swipe card which can be used at stores.
TIME LIMITS
Benefits received under the Family Assistance program, which is financed with federal TANF funds, will be limited to five years in a lifetime. (The clock started ticking in December 1996.) Time in receipt of SNA also counts toward the five years although cash SNA also has its own two-year time limit.
Exceptions to the time limits include:
households with an SSI adult and
minors who received FA during a time when they were not the head of household &endash; this time will not count if they later need FA as an adult.
people who are on mental health or HIV and special needs plans
Other hardship exceptions can be granted in the case of a person who is unemployable by virtue of an impairment, including those resulting from domestic violence (see Disability Rules below).
RESOURCE RULES
New resource exemptions have been raised to $2,000 (up from $1,000), $3,000 if the household has a member over 60 years of age. Fair market value of a car is up to $4,650 (up from $1,500); however, outstanding loans on the vehicle are no longer taken into account.
DISABILITY RULES
Workers must inquire upon application, recertification or whenever they have reason to believe that a disability may exist &emdash; whether an individual has any medical condition which would limit his/her ability to work. An individual must be notified that he/she has 10 days to obtain documentation of the disability.
The district has sole discretion to accept the evidence and modify work assignments, but if documentation is insufficient to establish disability, the district may refer the person to the Office of Disability Determinations. During this time no assignment may be made to work activity until a determination is made or the person agrees to the assignment. However, the individual could be subject to a sanction if it is found that there is no basis for the medical claim and that the person intentionally misrepresented the medical condition.
As to employment plans, assessments must be made within 90 days of the eligibility date (for FA) and within one year for SNA, but persons may be assigned to work activities prior to completion of the assessment. Failure to participate in assessment will subject the recipient to sanction.
All parents and caretakers must be engaged in work no later than 24 months from receipt of assistance. No person may be required to participate in assigned activities for more than 40 hours per week.
Education must be directly related to employment (i.e., vocational education, job skills training, etc.) unless it is secondary school or GED. Two year colleges may be acceptable in certain circumstances. DSS is now permitted to assign work activity that interferes with school attendance if the program is not an approved program.
No longer exempt from work rules are:
Recipients who live in areas where a work program is not available
Care giver of a child under 6 years of age and working 20 hours per week
Persons employed 30 hours per week
Care givers of children under 3 years of age (The only care giver exemption is for those with children under one year for a maximum of three months or as otherwise extended by the local agency up to a 12-month lifetime maximum in a household with one parent)
Pregnant women are only exempt for the 30-day period prior to date of delivery
Inaccessible transportation is no longer a valid reason for an exemption, though the agency must try to make a reasonable effort to assign the person to an appropriate work activity in the closest possible proximity.
DRUG AND ALCOHOL
Some of the toughest welfare changes will occur in this area. They include periodic drug "screening" of all adult applicants and heads of households. "Screening" does not necessarily mean testing, but is a determination as to whether there is reason to believe a person is abusing drugs or alcohol. If alcohol or drug abuse is suspected, DSS will refer the individual for a formal professional assessment, which may include drug testing.
Anyone who is unable to work by reason of their need for treatment will be referred for treatment, and the entire household can only receive SNA, even if the required treatment is not presently available. Anyone who fails to participate in screening or assessment or who loses SSI or SSD for a similar reason will be ineligible for public assistance. Medicaid sanction for failure to comply with drug/alcohol rules may only be applied to single adults, childless couples, and parents in a 2-parent household who are not blind or disabled. Sanctions are 45, 120 and 180 days. The rest of the household may only receive non-cash Safety Net Assistance (SNA) and Medicaid during the sanction.
TEEN PARENTS
Pregnant minors and minor parents cannot receive FA unless they reside with a parent or guardian or live in an adult supervised living situation. If they come from an abusive household or the adult will not let the minor live at home, then the minor must live in an adult supervised living arrangement such as a maternity home. Parents under the age of 18 with a child at least three months old must have completed high school or its equivalent or must participate in educational activities to be eligible for public assistance.
More details regarding welfare reform are forthcoming.
Beans
Make a bean-line to Better Health
Beans! I never thought I would see the day when I would love beans. Pink beans, black beans, red beans, green beans &endash; I love beans &endash; and they are good for me!
I'm even persuading my children to acquire a taste for beans. You know how children are about beans. The first mention of beans usually brings out all kinds of strange sounds from kids such as coughing, sudden sickness, (which usually involves some type of stomach pain), and every mom's favorite of course &emdash; gagging! Don't you just love it!
But seriously folks, with the right spices, beans taste delicious, and their nutritional benefits are phenomenal!
Fact #1:. Beans can lower cholesterol and are good for maintaining a healthy heart.
Fact #2: Beans have soluble fiber which is great maintenance for your digestive track (for those of you who may at some time suffer from constipation). Soluble fiber also helps in the prevention of colon cancer.
Fact #3: Anemia is becoming more common in young children, teenagers, and older individuals. Dried beans provide an excellent source of iron.
Fact #4: Beans are rich in iodine and panthothenic acid, important nutrients which help guard against fatigue.
Fact #5: If you're watching your weight, beans (minus the ham hocks and smoked turkey necks) are low in fat and rich in protein.
Fact #6: Beans boast potassium. (Researchers have found that potassium-rich foods lower the risk of stroke. Also, lack of potassium has been found to be one of the causes of menstrual cramping.)
Fact #6: Beans are great for dips, stews, soups and salads. (Besides, these are great places to hide beans from the kids!)
Fact #7: BEANS ARE INEXPENSIVE and help stretch those hard-earned dollars!
You say&emdash;but beans are gassy!! We all sang the song as kids, "Beans, beans, good for the heart, the more you eat, the more ........" You know the song. Well here are a few tips to help you "deflate" the (dry) bean.
Boil beans for 15 minutes
Remove pot from stove and let them stand for about 2 hours.
Drain beans and cook in fresh water
Because many kids don't like eating just "plain beans", they will usually eat beans with a little rice or cornbread. Spices such as garlic, oregano, onions and chicken broth make just about any bean taste great.
Of course, beans don't work alone. A balanced diet which includes the four food groups, regular exercise and regular check-ups with your physician and nutritionist are all important for maintaining better health.
Check out the recipe below. It's one that both kids and adults enjoy.
Sources &emdash;
The Healing Foods, The Ultimate Authority on the Curative Power of
Nutrition, Patricia Hausman & Judith Benn Hurley, pp. 55-62, 437.
Foods that Heal, Maureen Salaman & James F. Scheer, pp. 37-40, 259-260,
304-305, 394-393.
Famous Bean Recipe
1 1 ½ can of beans
1 can of corn
1 onion chopped
2 teaspoons cumin
1 1 teaspoon chili powder
Salt, pepper & hot pepper to taste
1 box of corn muffin mix
(Or use your favorite cornbread recipe)
Combine beans, ½ can corn, onion , tomato and spices.
Pour in a 9 X 9 square pan.
Mix other ½ can corn into cornbread batter
Pour corn bread batter over bean mixture & bake according to corn bread recipe.
Serve with salad or meat of your choice and call it supper.
Advocacy Tip
When reporting wages to the Department of Social Services, there are certain things one can do to avoid problems.
You have 10 days after the receipt of your first paycheck to report your income. Calling the worker regarding your employment is not enough. Once you have received a paycheck from your employer you should:
Make a copy of your paystub(s)
Obtain a letter from your employer which lists: date started, hours you will work per week, whether the position is temporary or permanent, and job title.
Write a short letter to your worker enclosing the letter from your employer and a copy of your paystub (do not send original pay stub).
Make sure your PA number, name, address and social security number are on the letter to the worker.
Send the letter certified mail, return receipt requested. This will give you a receipt for the information sent. After the return receipt card is signed by an employee of the Department of Social Services, it will be mailed back to you. DO NOT THROW IT AWAY. KEEP IT IN A SAFE PLACE FOR FUTURE REFERENCE. This procedure may cost extra, but it pays off in the end.
For those of you who are doing quarterly reporting, follow steps 1, 4, & 5.
If you need assistance preparing
any of the above information
contact Project Dandelion at
847-0650 ext. 226
Change
I used to worry about
how I'd keep light.
Woke up every morning
preparing to fight
all the battles life was throwing at me
there was no clear path for me to see
I used to stay up all night long
worrying and worrying `bout life gone wrong
Gas shut off because my check was late
nobody understood they would not wait.
Caseworker forgot to put my information in
I got cut off &emdash; have to apply again.
When things went wrong,
I use to grow tense
Faith has taught me much more sense
My life is not held by a system's hand
I thirst to find out what I don't understand
If I ask questions about what I need to know
There is no way my mind will not grow.
I have the power to stand on my own two feet
Even when I'm standing in a house without heat.
I can feed me and the seeds I bore
my life will not be led by a system anymore
I use to worry so much about being on welfare
trapped in pity trying to find somebody
I thought would care.
Something inside me has begun to emerge
my life is not lived standing on the verge
of helplessness and fear
I know what I need
I'm carrying it in here
&emdash; Geraldine Wilson
8/25/94
Dandelion of the Month
Denai Bowman
Buffalo, a place called home...
Denai Bowman left Syracuse in 1993 fleeing domestic violence and seeking a new life. Buffalo sounded as good a place as any because it signified a change. Here she found healing from years of physical abuse and poverty. Here she found a resting place. "Truly, Buffalo has been the `City of Good Neighbors' to me."
Buffalo seemed far enough away from her abuser, but close enough for her to maintain contact with her family to whom she was very close. While in Syracuse, Denai had a friend who kept telling her that she did not have to live the way she was living &emdash; day after day looking for sources to support her addiction &emdash; accepting physical abuse and poverty. One day she decided to listen. She contacted a homeless shelter and away she went with her three children. Because people had to stay clean in order to remain in the shelter, Denai began to live without drugs. Even though she had not made her mind at the time to go to a drug rehabilitation program, being without drugs made her see things differently and more clearly. She saw herself and her three children homeless. She saw her abuser as he was. She saw the possibility of having her children taken away from her. More importantly, she saw herself. She wondered, "Where is this God my mother told me about who would listen to me?"
Denai came out of the shelter and went back to her abuser. Instead of changing, the abuse got worse and more frequent. "For the first time, I began to feel the physical sting of his hands. I realized that the drugs had numbed me to much of what I was going through." It was then that Denai says she decided to call on her "mother's God." I did not know Him, but I knew my mother did." To Denai's surprise, her mother showed up at her door. "My mother told me she wanted to help, so I asked her to keep my children while I went into a 28 day drug rehabilitation program."
From the drug rehabilitation program, Denai went to a shelter for battered women called "Vera House." "At Vera House we did not share where we had been, we talked about where we were going&endash;about our hope for our future and for the future of our children."
The staff at Vera House made arrangements for Denai to move to Buffalo &emdash; with the assurance from her that she would go into an out patient drug rehabilitation program and not move back to Syracuse for a long, long time. For the first several months here, Denai and her children stayed at the Salvation Army and Cornerstone Manor. "The structure of the shelters helped me get a routine with my children and other aspects of my life which assist me to this very day. I was also pointed in the right direction regarding housing, financial assistance, legal assistance, parenting skills, etc. I had to trust people that I did not know &emdash; like, social workers, paralegals, and crisis services counselors for guidance because I was homeless. The individuals I worked with at those agencies pointed me in the right direction. I just had to be willing to do some foot-work."
Denai went through VESID where she received training for clerical skills and administration. She now works as a customer service representative and is no longer on public assistance. She attributes her success to several things.
Her 12 step drug rehabilitation program: "I am not judged because of my past. I receive encouragement and a sense of family from my peers in the group. I know I can make it because I see others who are leading productive, successful and happy lives without using drugs. In March of 1998 I will have five years clean time."
Transitional benefits: "Transitional benefits, especially child care and Medicaid, are important to individuals trying to stay off the system. I do not want to be on public assistance ever again."
Her children, Tamu, age 14, Ihsaan, age 6, and Nafisa, age 5: "I love seeing my younger children get excited about reading. They want me to read with them all time. My oldest daughter attends Hutch-Tech, so I am always challenged by her intellect. It keeps me on my toes."
Networking agencies: "Places like Crisis Services, Cornerstone Manor, and Project Dandelion are blessed with individuals who truly care about the success of their clients. I only hope I can give back to others what I have been given."
You are invited to our Tuesday Meetings
Every Tuesday at 1:00 p.m.
Ellicott Square Building
295 Main Street, Room 495
Buffalo, New York
Tues, Jan. 20 - Stress Management
Tues, Feb. 10 - Domestic Violence
There is help! Find out your legal rights regarding custody, visitation, child support,
public assistance and orders of protection.
Tues, Jan. 27 &emdash; PA Budgeting
including wage reporting, work rules & benefits counseling
Tues, Feb. 3 &emdash; Child Care
Get the facts regarding employment, training, college and transitional benefits
Tues, Feb. 17 &emdash; Welfare Reform
Tues, Mar. 3 &emdash; Resume Writing
Beef up that old resume &emdash; mock interviews, the "Job Hunter"
Tues, Mar. 10 &emdash; Preparing for a Fair Hearing
Tues, Mar 31 &emdash; Small Claims Court Workshop