THE DANDELION CONNECTION
Ellicott Square Building., 295 Main Street Room 495, Buffalo, New York 14203
(716) 847-0655 ext. 402   dandelion@nls.org    www.nls.org
Volume 7 Issue 4                                                                              July/August 1999
Copyright 1999, Neighborhood Legal Services, Inc.

in this issue..

Transitional Medicaid

What is Transitional Medicaid (TMA)?

TMA is Medicaid for families that are transitioning off of public assistance due to increased income, and who lose Medicaid under LIF (Low Income Family Medicaid).

To be eligible for TMA, you must:

(1)     have lost Medicaid under LIF because you were earning too much, and

(2)     have had Medicaid under LIF for three out of the last six months.

If you lost Medicaid but you were not under LIF standards, you will not receive TMA. Your children might still be able to get "Non-Public Assistance Medicaid."

In addition to financial criteria, to be eligible for LIF Medicaid you must be either:

(1)     one or two parent families with children under the age of 21, or

(2)     children under the age of 21 not living with a caretaker relative, or

(3)     a pregnant woman

If your increased income is from child or spousal support, you will get a four-month extension. If your income is from work, you will get six to twelve months of TMA. The first six months is automatic. The second six months requires (among other things) an application, quarterly reporting, and income guidelines. For instance, your gross monthly income, less child care, cannot be more than 185% of the poverty line (e.g., a family of two can earn up to $20,073 and still be eligible.)

Nothing. The notice you get from DSS will tell you that you are eligible for TMA. If the notice says your Medicaid is discontinued and you fit into the categories above, you should request a Fair Hearing.

Before the end of your certification, DSS will send you a form to report your wages. If you return that form, DSS will see whether you are eligible for another six months of TMA. If you had four months TMA because of increased child support, you cannot get the extra six months.

When your TMA runs out, you and your child may still be eligible for Medicaid although you may have to pay a spenddown. At the end of the transitional period a recertification will be mailed to you. If you receive CAP, the recert will be done at the CAP offices.

Yes. DSS cannot stop your Medicaid without a 10-day notice. If you call for a hearing before the effective date of the notice, you will continue receiving your Medicaid until after your hearing.

Welfare Realities:

One of the changes that was included as part of the welfare reform package was the addition of tougher fraud penalties. In addition to having to repay any overpaid benefits, you could be sanctioned from receiving cash and food stamp benefits for one year for a first offense. The sanction period increases with each additional offense.

Many people find themselves accused of fraud because they listened to incorrect advice. There are a number of “welfare and work” myths that can get you into trouble and cause you to lose your benefits or may even result in criminal prosection!

Myth #1. You have 60 days to report that you are working. False. You need to report that you are working 10 days after you get your first paycheck. You should get a letter from your employer stating the date that you started, your rate of pay and the hours that you are working. You should also provide information regarding any child care arrangements that you have made.

Myth #2. If you have a probationary period at your job, you do not have to report any income until you become a permanent employee. False. False. False. If you have earnings while you are on probation, you must report this to your caseworker.

Myth #3. If you report your income, DSS will immediately discontinue your benefits. False. Reporting your income is actually in your best interest. In fact, for families with dependent children, 46% of your gross income will be disregarded (invisible) before any earned income is budgeted against your cash benefits. In addition, you will receive assistance for child care. Should you become ineligible for cash benefits because of your wages, you would receive transitional child care, transitional Medicaid and non-PA Food Stamps. This would allow you to receive child care and medical assistance for up to one year based on eligibility.

Myth #4. If you do not report your income and DSS finds out, they will give you income disregards when budgeting your income. False. If DSS finds out about your employment from another source, you do not receive any income disregards. This means that the full amount of your income will be budgeted against you (no 46% disregard). This is often why overpayment amounts are so high. In addition, you can be charged with committing welfare fraud.

Myth #5. My job is with a temporary agency, so I do not have to report my income. False. You will need to provide verification that your job is temporary, or that the days you work are sporadic. If the agency begins budgeting wages and your employment situation changes, you will need to provide verification of the change to your caseworker. You can then be supplemented for any benefits that you should have received.

As you can see, you should report your income. If you are still unsure whether you should report, please contact the Dandelion hotline at 847-0650 x 402. Also, remember to keep copies of all information that you send to DSS. We have seen fraud investigations stopped cold in their tracks because of good record keeping.

SSI and Work

    Last issue we showed you how, if you are receiving SSI, you may be able to start working and still receive partial SSI benefits. We explained that only a portion of your earned income is counted against your SSI grant. The other portion is "disregarded" and not budgeted to reduce your SSI.

    In addition to the regular "disregards," the Social Security Administration (SSA) will not budget any of your earned income that you spend each month on "impairment related work expenses" (affectionately known as "IRWES”).

    An IRWE is any expense that you have paid out-of-pocket for items or services that you need (1) because of your disability and (2) that allow you to work. You must pay for the item or service in a month that you are working.

    There are a number of IRWES. For example, the cost of medications that you need to remain stable enough to work could be an IRWE, even if you took the medication when you were not working.

    The costs of medical services such as corrective surgery or diagnostic tests (although not routine medical visits) may be IRWES. Special transportation costs that you pay to get to work because your condition makes you unable to take public transportation are IRWES. The cost of special equipment that you must purchase in order to do your job is an IRWE, such as telecommunication devices or tools specifically designed to accommodate your condition.

    Also, the costs of personal care services and modifications to your home may be IRWES if they are necessary to get you to work. The costs of physical therapy, bandages and elastic stockings are other examples of IRWES.

    If you can, get a prescription for the items and give a copy to SSA. This makes a stronger case for an IRWE.

    Yes. If you can be reimbursed for the expense from another source, such as an insurance company, it is not an IRWE.

    If you are paying your own money for an item or service related to your disability that, if you did not have it, you would not be able to work, tell SSA about it and ask them to count it as an IRWE. This will reduce the amount of your countable income, thereby increasing your SSI benefits.

    So far, we have only discussed budgeting rules that apply to SSI recipients. Next month, we will talk about what happens to SSD recipients who start working. See you then!

    The Community Action Organization of Erie County (CAO) recently opened their Early Head Start Program at 2422 Delaware Avenue in Buffalo.

    This program provides day care services for teenage mothers. In order to be eligible for these services, the parent must be under 22 years of age and her child must be under 3 years of age. There is also a requirement that teens live within the City of Buffalo and must be attending high school, GED programs, college vocational programs, or Community Work Experience Programs (CWEP).

    In addition to day and evening child care services, the Early Head Start Program offers free transportation, breakfast, lunch, a snack, and diapers. They also provide health and nutrition programs, counseling and services for children with special needs. There is no charge for this program, however, families must meet income eligibility requirements. If you would like more information on this program, call Lisa Marray at 871-1873.

    Our very own Maggie O’Malley tied the knot last month!!! On May 15, 1999, Maggie became Mrs. Margaret O’Malley Siebold. Congratulations Maggie, we wish you the best of luck!

    Beth White recently received the Sister Jeanne Frank Award for her work with the Homeless Coalition of Western New York.

   Darlene and Penny gave a presentation on “Women and Welfare Reform” at Hilbert College coordinated by Food For All. A lot of dedicated people showed up to share their expertise.

PROJECT DANDELION BLOOMS IN CONNECTICUT! Michele Lang Palter, the founder of Project Dandelion in Buffalo in 1992, has founded a sister Project Dandelion in New Haven, Connecticut!

    Michele (who was known as Michele Lang in 1992) worked at Dandelion in Buffalo from 1992 to 1994. In 1994, she moved to Connecticut and worked at a private firm from 1995 to 1999, representing employees in employment cases.

    Michele was recently asked by New Haven Legal Assistance to bring Project Dandelion to Connecticut. In addition to providing legal information and community support, Dandelion in Connecticut also gives legal help to low income workers.

    “I am so glad to be back,” Michele reports. She is in close touch with Project Dandelion in Buffalo so that both projects can work together.

    If you have any questions about Dandelion in Connecticut, please contact Michele Lang Palter at: Project Dandelion, New Haven Legal Assistance, 426 State Street, New Haven, CT 06510-2018 (203) 946-4811

CUT OUT ALL COUPONS. EXCHANGE THE COUPONS YOU DON’T USE WITH FRIENDS AND FAMILY.

NEVER GO SHOPPING WITHOUT LOOKING AT ADVERTISEMENTS FIRST.

MOST SUPERMARKETS ARE DOUBLING COUPONS UP TO $1.00.

USE COUPONS AND SPECIAL SALES ONLY TO BUY ITEMS YOU WOULD BUY ANYWAY.

DON’T GO SHOPPING HUNGRY.

PLAN YOUR MEALS BASED ON SPECIALS AND SEASONAL FOODS.

PREPARE YOUR OWN FOOD. AVOID THE EXTRA COSTS OF CONVENIENCE FOODS. YOU USUALLY GET EXTRA NUTRITION FOR LESS COST.

NEVER THROW AWAY LEFTOVERS. MIX SMALL PORTIONS OF VEGETABLES TOGETHER, OR USE THEM WITH MEATS IN A STEW OR SOUP.

DRINK WATER RATHER THAN SODA OR SWEETENED JUICE.

CONSIDER BUYING SOME NON-PERISHABLE ITEMS IN BULK.

PAY CLOSE ATTENTION TO THE PRICES AT THE CHECKOUT COUNTER. (Supermarkets sometimes make mistakes regarding the inputting of sale prices into the computer).

TO PROTECT BOTH THE FAMILY’S HEALTH AND YOUR POCKETBOOK, CUT BACK ON SNACK FOODS AND SODA POP, HAVE SOME NON-MEAT MEALS, OR CUT DOWN MEAT PORTIONS.

CUT DOWN ON MEALS AWAY FROM HOME. PACK SNACK LUNCHES FOR FAMILY MEMBERS TO TAKE TO WORK AND SCHOOL.

ARRANGE POTLUCK DINNERS WITH FRIENDS INSTEAD OF GOING OUT TO A RESTAURANT. (Come to a Dandelion Potluck!)

USE POWDERED MILK. PREPARE IT THE DAY BEFORE AND KEEP IT COLD.

Although its been said many times, many ways.....

When going to DSS, bring your I.D. Getting through any application process at Social Services might be tedious, but things will go a lot smoother if you are prepared with identification. Make sure you come with copies of birth certificates, social security cards, licenses, etc., for everyone in your household. Originals are not necessary and could get misplaced.

Also, although there is no official word yet, look for the doors of DSS to be opening at 8:00 A.M. rather than 8:30 A.M. sometime soon.

Aren’t you glad it’s summer? Kids can now go outside to jump rope, ride bikes, swim and play. Remember, even though most kids can be outside on their own, many of our little ones still need supervision. It is easy to be engrossed in cooking or gardening while Little Lizzie or Running Ronnie escape from our view. So, for a happy and healthy summer for both parents and kids, here’s a couple of safety tips:

    Bicycles. The National Safety Council recommends that all who ride bikes (that includes adults too) should wear helmets. Bright or fluorescent colored clothing should be worn even in the daytime so that riders can be easily spotted. If individuals must ride their bikes in the evenings, the bike should be equipped with headlights, taillights, or rear reflectors, as well as pedal and spoke reflectors. Children under six should be not allowed to ride without proper supervision, even on the sidewalk. Because the peripheral vision of a seven or eight year old child is not developed enough to cope with traffic coming from different directions, they should only be allowed to ride on the sidewalk after being taught bike safety.

    Rollerblades/Rollerskates/ Skateboards. To prevent or lessen injuries from a fall, parents should make sure skaters and riders have helmets, knee and elbow pads, and even gloves. When choosing a skateboard for your child, you may wish to purchase it from a sporting goods store so that you can ask the salesperson about the proper size skateboard for your child’s size, age and ability.

    Kites. Be careful to fly kites in areas where there are no overhead electrical wires and/or traffic. Wide open areas in fields or parks are best.

    Trampolines. Children should be supervised and guarded at all times when on a trampoline. Also, children should not be allowed to be on a trampoline without first being trained by a qualified instructor.

    Playground safety. Young children, especially toddlers, need constant supervision at the playground and should be watched at all times. Children 5 ½ and younger should be able to play in areas away from older children.

    Water Safety. A child can drown in less than an inch of water and in less time than it may take a parent to answer the telephone or doorbell. It is important to watch your child at all times when he or she is near the water. There is no such thing as being too cautious.

    NEVER leave a young child unattended in the bathtub.

    NEVER swim in an area without a lifeguard.

    NEVER allow your child to use rafts, inner tubes, or other flotation toys without adult supervision. These TOYS are not substitutes for life jackets or supervision.

    DO teach your children safe water habits. No running, pushing, jumping, dunking or pretending to scream for help (this could cover up a real emergency).

    Summertime should be a time of fun for the whole family. But please remember–SAFETY FIRST !