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 5                                                                              September/October 1999
Copyright 1999, Neighborhood Legal Services, Inc.

in this issue..

Voluntary Quit
SSD and work
Low income loans
Child care arrangements
Healthwatch: Dental Resources
Maggie’s corner
Poetry

    Stopping work or reducing your hours to get public assistance (PA) or to increase your PA grant is called a "voluntary quit." The Department of Social Services (DSS) has the right to stop or deny your PA benefits if you have committed a voluntary quit. This is called a "sanction." You don't have to actually quit a job to be sanctioned for a voluntary quit. For example, if you are fired for misconduct or poor effort on a job, DSS may find that you “provoked your own termination” and sanction you.

    If you quit a job or reduce your hours less than 30 hours a week, within 60 days of application or while in receipt of food stamps without “good cause,” DSS will find that you “voluntary quit” your job and you will be sanctioned. Sanctions will not apply if you have worked less than 30 hours per week and you reduce your hours. There are many situations which may be considered “good cause.”

    If you left your job for a good reason (such as something beyond your control, discrimination, language or transportation problems, a new job, lack of child care, or health problem) you have not committed a voluntary quit. For food stamps, if you leave a job or reduce hours in order to go to school or a training program at least half-time, you have not committed a “voluntary quit.”

It is up to you to give DSS proof of your reasons. If you do not, DSS will assume you voluntarily quit your job and sanction you.

    For Food Stamps, questionable information about a voluntary quit must be verified. DSS must help you get needed documentation if there is a good reason that evidence cannot be obtained. If DSS cannot get it, the household cannot be sanctioned.

    Any notice giving "voluntary quit" as the reason for a sanction/denial should include the following information:

-     why benefits were stopped or denied

-     when you may reapply for benefits

-     you have a right to a Fair Hearing

    It is illegal for DSS to send a voluntary quit sanction notice without this information. If you receive a notice and it does not have this information, call our office for advice.

    If you think that DSS is wrong, call or write to the New York State Office of Temporary and Disability Assistance (OTDA) within 60 days of the date the notice was issued and ask for a fair hearing. If you are receiving PA and want your benefits to continue, ask for a fair hearing before the effective date of the notice so that your benefits won't change. The effective date is usually 10 days after a notice is issued, check your notice to be sure.

    Notify OTDA that you want a fair hearing by telephone, fax, or mail. You can write on the back of your notice the reason for requesting the hearing. If you phone, get the name of the person you speak to. If you write, send your letter by certified mail and keep a copy. The correct address is:

New York State Office of Temporary and Disability Assistance (OTDA)
Office of Administrative Hearings
P.O. Box 1930
Albany, New York 12201-1930

Phone No. 1-800-342-3334 or (716) 852-4868
Fax No. (518) 473-6735 (you must have form from Albany)

Call our office if you would like to talk to an advocate about your case.

    Collect any written proof showing that you did not quit your job in order to get on PA or to get more PA benefits. For example, if you were fired because you called in sick too often, get a letter from your doctor explaining that you were ill and could not go to work.

    No. If more than one person is on a Public Assistance and Food Stamps grant, only the PA and Food Stamps of the person who is charged with a voluntary quit can be stopped.

    This depends on your circumstances.

    If the quit occurred before you applied for PA, your sanction period will run for 90 days from the day you voluntarily quit your job. If you were receiving PA, your sanction will begin from the date of your notice.

For Food Stamps:

    If the quit occurs before you apply for FS, or after you are getting FS, your sanction will begin the month after you receive a sanction notice, unless you request a Hearing and ask for your benefits to remain unchanged. If you request a Hearing, your sanction will not begin unless, and until, you withdraw your Hearing request, or go to your hearing and receive an unfavorable hearing decision.

    No. Your MA case cannot be cut off for a voluntary quit. Even when your PA and FS are stopped, your Medicaid must continue.

    If you are receiving FA, you should apply at least 30 days before the end of the sanction period since DSS has 30 days to process your application. If you are receiving Safety Net Assistance, you should reapply 45 days before the sanction period ends.

Applying for Social Security Disability and Work

    In the last three issues, we told you about the rules for working while you are applying for or receiving SSI benefits. In this issue, we will explain the rules for working and applying for Social Security Disability (“SSD”) benefits.

    Yes. Even if you are working, you could still be considered “disabled” and eligible for SSD benefits. If you are earning less than $300 per month (gross earnings), the Social Security Administration (SSA) will probably not deny your application based on your working. However, you will still have to prove that you are disabled through medical reports from your doctors.

    If you are earning between $300 and $700 per month (gross earnings), the SSA will look at what type of work you are doing and how well you are doing it and decide whether your application should be denied based on your work. If SSA decides that you should not be denied based on work activity alone, you will still have to prove you are disabled by submitting medical reports from your doctors.

    If your average earnings are $700 per month (gross earnings) or more, the SSA will deny your application based only on your work activity. They will not even analyze your medical conditions and your ability to work. If you are legally blind, SSD benefits are automatically denied if your gross earnings are $1,110 per month.

    Yes. The SSA will assume that you are not disabled if you are earning $700 per month or more. However, you have the right to show them that you really are disabled, in spite of your earnings. You can do this in two ways: (1) By showing that you receive special help to do the work you do or (2) By subtracting any “subsidies” or “impairment related work expenses” from your monthly wages to bring them down below $700.

What type of special help do I need to show?

    “Special help” means any type of special service you receive to help you do your job. This could mean a job coach, extra supervision, extra time to do the work or case management services. If you need these services to continue working, you may be found disabled by SSA even if you are earning $700 per month or more. Remember, you must give proof of these special circumstances.

    You may be receiving a subsidy in your wages if you are getting extra help on your job, or if you are not producing as much as other workers in your same position. Your employer or the agency providing the extra activity can tell SSA exactly how much of a subsidy you are getting. This subsidy should then be subtracted from your wages. If the remaining wages are below $700 per month, your application for SSD benefits should not be denied based on work activity. If you are receiving any special help at work or if you know your production is below normal, tell the SSA representative that takes your application to contact your employer or the agency providing the assistance. There is a form that they can send to them about this.

    Impairment related work expenses can also be subtracted from your wages to bring them down below $700 per month. See the July/August issue of the Dandelion Connection for an explanation of IRWEs.

Next month: What happens if I am already receiving SSD benefits when I go back to work?

NO INTEREST LOANS

FAMILY LOAN PROGRAM

Child and Family Services now has a new loan program that helps families to get loans and help them keep their jobs and/or finish their education. The object of this program is help you keep your job or finish school. To be eligible for the program, you must:

(1) be a resident of Erie County;
(2) be a custodial parent of a child under the age of 18;
(3) be unable to borrow from a bank, savings and loan, or credit union;
(4) be employed at least 20 hours per week for six months or longer at the current job; or be enrolled in a post-secondary education (i.e., training program, beyond a GED) and have completed 9 credits and be enrolled in 9 credits in the current term;
(5) be able to repay the loan.

Maximum dollar amounts for loans:

Cars:                                            $2200.00
Housing/Mortgages:                      $850.00
Child Care:                                   $800.00
Car Repairs:                                 $750.00
Other Purposes:                            $500.00

For those interested in applying, please contact (716) 882-0555, ext. 111.

Making Your Child Care Arrangements Work

Many times, because of the urgent need for child care, parents neglect to find out details about the child care arrangements they have made. It would be great if it were as simple as dropping the child off, picking him up and paying the fee. However, there are other details which are important in making your child care arrangement work out well for you and your family.

Listed below are questions you need to ask. Also be sure that you and the child care provider agree upon the terms.

The Fee: Do I need to pay in advance? When does the payment have to be made? Is there a fee during vacation and holidays if my child is not at child care? What if my child is sick?

Hours: How early can I drop off my child? What time do I have to pick up my child? What is your policy regarding overtime? Is there a charge for overtime?

Activities: Are there any extra charges for activities? (Be sure that the activities are appropriate to your child’s age and developmental level.)

Values: As a parent you should be sure that the values taught at the center are consistent with your own.

Discipline: Day Care center licensing regulations prohibit the use of corporal punishment and humiliating or frightening methods of control. They also prohibit associating punishment with food, rest, toilet training, or isolation. Discuss feeding and sleeping schedules for your child.

Instructions for any specials needs: Make sure to discuss special foods and medications (with your doctor’s written permission) that your child may need. Be sure that the provider has telephone numbers and full names of people to be called in an emergency (you, your spouse, a doctor, the hospital emergency room, a relative, or a neighbor).

Some child care centers are not open for all holidays, and many providers go on vacation. Be sure to discuss the vacation and holiday schedule of the child care center.

ECC and DSS are offering TANF recipients the chance to get a two-year academic degree. Eligible students will attend ECC as full time students year round, including summer sessions.

To take advantage of this opportunity you have to contact your DSS Employment Counselor and request approval for the DSS 100 Pilot Program. The reception number to Employment is 858-8619.

You can get a degree in either food service restaurant management, office technology, automotive technology, computer repair technology, dental hygiene, electrical engineering tech, medical office assistance, paralegal or business administration.

Child care is available upon request.

You can be eligible if you:

• Are a TANF recipient who is approved by your DSS employment counselor,
• Have your GED or high school diploma,
• Have not defaulted on any student loan.

TAP and Pell grants will cover the cost of tuition. Students will not be allowed to apply for student loans.

As a student you will have to:

• apply for financial aid,
• attend classes year round,
• dedicate at least 25 hours per week for school and work activities, and
• ommunicate changes to your employment. counselor, and
• apply for child care at DSS.

Healthwatch:  Dental Resources

Dr. Matt Gajewski Human Services Center

1500 Broadway, Buffalo, New York 14212
Telephone: 891-2005
Eligibililty: Adults and children up to 5

608 William Street, Buffalo, NY 14206
Telephone: 858-7372
Eligibililty: Only accepts children to age 21

104 Maryland Street, Buffalo, NY 14201
Telephone: 858-8813
Eligibililty: Adults and children

State University of New York at Buffalo Dental Clinic - South Campus (Main Street Campus)

Squire Hall, Buffalo, New York 14214
Telephone: 829-2720
Eligibililty: Adults and children

Erie County Social Services Department
Rath Building, Room 306, Buffalo, NY 14202
Telephone: 858-8666
Eligibility: Anyone
Services: Locates dentists who accept Medicaid

6205 Main Street, Williamsville, NY 14221
Telephone: 851-1336
Eligibililty: Accepting patients in September

936 Delaware Avenue,
Buffalo, New York 14209
Telephone: 878-7282
Eligibility: Only children with disabilities from 0-5

Erie County Medical Center
462 Grider St., Buffalo, NY 14215
Telephone: 898-3189
Eligibililty: Adults and children

Millard Fillmore Hospital
3 Gates Circle, Buffalo, 14209
Telephone: 887-4654
Eligibililty: Adults and children

Northstar Dental Services
3163 Sheridan Drive
Amherst, New York 14226
Telephone: 836-2101
Eligibililty: Adults and children

Elaine H. Megna, D.D.S.
2746 Main Street, Buffalo, NY 14214
Telephone: 834-0614
Eligibility: Children only

Alan Shapiro
2475 Harlem Road, Cheektowaga, NY
Telephone: 895-8500
Eligibility: Only accepting children under 18 and adults who need dentures/partials.

If you or your children are enrolled in Child Health Plus you can contact Health Plex at 1-800-468-9868 for a list of dental providers under their plan.

As promised, more changes at DSS!

Remember, when applying for PA, you have to go through orientation. This is a brief group meeting where you will get information about what you can expect from DSS and what they can expect from you. You will learn about various programs offered by the County. There is also plenty of time to ask questions about how these programs work.

All Zone D (zip codes 14201 - 5 and 14213) PA applicants must now apply at the Rath Building instead of 478 Main so that they can attend the orientation. The doors at DSS now open at 8:00 a.m. for people who need early morning appointments.

Poetry

Meetings are Free and open to everyone
Meetings are held every Tuesday at 1:00 p.m.
Neighborhood Legal Services • 295 Main Street • Room 495
For more information call 847-0650 x 402

Topics Include (but are not limited to):

Child Care, Budgeting, Child Support, Housing Rights, Coping with Stress, Transitional Benefits, Public Assistance Budgeting, Transitioning from Welfare to Work, Education and Training, Resume Writing, Job Retention, etc.

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