Kansas Department of Social and Rehabilitation Services
Janet Schalansky, Secretary

Integrated Service Delivery - Candy Shively, Deputy Secretary (785) 296-3271
Economic and Employment Support - Bobbi Mariani, Director (785) 296-3349

MEMORANDUM

Background

During the 2002 Legislative session, the legislature authorized SRS to impose a 24 month lifetime limit for the General Assistance program. Included in this authorization was language directing the Secretary to consider the development of hardship criteria for individuals who have exceeded the 24 month lifetime limit. In January 2004, the first group of consumers reached their 24 month time limit and were subject to termination of their GA benefits. In response to this action, three individuals obtained a temporary restraining order against the Department to halt the implementation of the 24 month time limit. In response to the legal challenge, the Department has reviewed the subject of hardship. After considerable evaluation, the decision was made to establish six hardship criteria for the GA program effective July 1, 2004.

Hardship Criteria

1. The individual’s initial application for social security disability benefits (regardless of when made) is still pending determination or is currently on appeal. If the individual is otherwise eligible and is awaiting initial determination or is exercising appeal rights at any level up through the appeals council, assistance shall continue until social security disability benefits are awarded or they are denied benefits by the appeals council.

   This criteria allows the consumer to continue to receive GA benefits beyond the 24th month as long as they are actively pursuing their SSI/SSDI determination whether at the initial stage or at any appeal level. The status of the application must be verified and documented by KLS, Social Security or other appropriate sources. They must also continue to cooperate with KLS or other advocacy entities assisting them as appropriate.

2. The individual has reapplied for social security disability benefits before reaching the 24 month lifetime limit and the application is still pending an initial determination or has a reconsideration appeal pending. If the individual is otherwise eligible and is awaiting initial determination or is exercising appeal rights at the reconsideration level for the current social security application, assistance shall continue until social security disability benefits are awarded or denied benefits at reconsideration.

   This criteria allows the consumer to continue to receive GA benefits beyond the 24th month as long as they are actively pursuing a subsequent SSI/SSDI application if the application was made prior to the 24th month. The status of the application must be verified and documented by KLS, Social Security or other appropriate sources. The consumer will be allowed to continue receiving GA benefits until the SSI/SSDI application is denied at reconsideration or is approved whichever occurs first. They must also continue to cooperate with KLS or other advocacy entities assisting them as appropriate.

3. The individual has three or more functional limitations resulting from disability as determined by Kansas’ vocational rehabilitation unit, and the individual continues to cooperate with vocational rehabilitation.

   This criteria allows the consumer to volunteer to participate in the VR program and seek employment. Preferably this voluntary action would occur at a minimum of 60 to 90 days prior to the consumer reaching the 24th month. If VR determines that the consumer is eligible and has three or more functional limitations, the consumer would retain GA benefits as long as there is cooperation with VR. The consumer would be allowed to retain the hardship as long as the consumer is cooperating or until no longer meets other GA eligibility standards. Consumers who are found ineligible for VR services based upon the severity of their disability are eligible as long as they continue to cooperate and meet GA eligibility criteria.

4. The individual is at least 60 years old.

   This criteria allows a consumer that is 60 years or older at the time their 24 month lifetime limit is reached to continue to receive GA benefits until such time as the individual qualifies for Social Security benefits subject to regular cooperation standards.

5. The individual has received assistance through the General Assistance Reintegration program.

   This criteria allows a consumer that has at anytime been a GARN recipient to continue to receive GA benefits beyond the 24th month. This eligibility would continue as long as the individual continues to meet other eligibility criteria or is approved for SSI/SSDI benefits.

6. The individual needs an extension of the time limit to overcome the effects of Domestic Violence/Sexual Assault. This extension continues until these effects are overcome or the individual no longer cooperates with OARS or a comparable entity.

   This criteria allows a consumer that has been determined by OARS or a comparable entity to be experiencing the effects of Domestic Violence/Sexual Assault at the time they reach the 24 month threshold to continue to receive GA benefits subject to ongoing cooperation with OARS or other programs designed to assist in overcoming these effects. Subsequent occurrences or initial onset that presented itself beyond the 24th month would not be a qualifying situation. The consumer may self-declare to be a victim of Domestic Violence/Sexual Assault but the claim must be validated via an assessment by OARS or comparable entity. It is also possible that a consumer could meet this hardship criteria if assessments which may occur as part of the VR process suggest that the individual could be suffering from the effects of domestic violence or sexual assault. If such a situation occurs, the consumer would be referred to OARS or a comparable entity for assessment to determine if the consumer meets the criteria. The consumer would retain GA benefits during the assessment process.

Implementation

With the implementation of hardship criteria, the 24 month time limit will be reinstated. The Implementation Memo dated November 7, 2003 "GA Case Closure due to 24 Month Time limit" is attached and the instructions continue to be applicable. Staff should proceed with closure of cases that have exceeded the 24 month time limit when appropriate and utilize the notices outlined in the November 7, 2003 memo. As part of this process, we will continue to provide you with printouts of consumers who are approaching or have reached their 24th month to assist you in identifying those individuals that should be contacted regarding possible hardship eligibility and/or options available to them as they reach their 24th month.

To assist staff in identifying these cases, Central Office will make available reports by area listing the cases that have exceeded or will exceed the 24 month time limit from January 1, 2004 through September 2004. Currently we have identified 758 cases in this group. Because of the volume, we are establishing a 90 day implementation period beginning July 1, 2004. During this period, staff should review the applicable cases for hardship eligibility. Staff should proceed as outlined in this memo to determine hardship eligibility. For those cases not eligible for hardship, staff should proceed with appropriate closure action. This 90 day implementation period is only applicable to cases that have reached or will reach their 24th month by September 2004.

When evaluating a case for hardship, the consumer must meet the criteria for hardship in the 24th month to be eligible for hardship designation. Occurrences that meet the criteria but occur following the 24th month will not be considered. (During initial implementation, consumers may be certified for one or more of the categories if they met the criteria anytime from their 24th month through the time their case is evaluated.)

GA cases involving two persons must continue to have both individuals meet GA eligibility criteria to remain open. If both are beyond the 24 month time limit, both must qualify for hardship criteria. If one of the individuals has not reached the 24th month, they must still meet regular GA eligibility standards for the case to remain open even when the other individual meets the hardship criteria.

Consumers should be certified for all applicable hardship categories at the time they reach their 24th month. If the consumer appears to qualify for the domestic violence category or volunteers for VR services, the consumer may receive hardship status during the period that they are being assessed for eligibility.

If the consumer qualifies for hardship based upon age or former GARN participation, you do not need to certify for any other categories of hardship since these categories allow for continual eligibility until the individual qualifies for SSI/SSDI or fails to meet other GA eligibility or cooperation criteria.

The other four hardship criteria are temporary in that the consumer’s circumstances can change and result in the consumer no longer meeting the necessary criteria to retain hardship criteria. This will require periodic reviews of GA hardship cases to determine if the consumer still meets the hardship standards. The frequency of the review is dependent upon the circumstances of the case and the hardship.

For the VR component, non-cooperation with VR as well as successful completion of the VR plan and subsequent employment would terminate hardship eligibility. In the case of the Domestic Violence component, determination by OARS or comparable entity that the consumer has overcome the effects of the domestic violence/sexual assault or has failed to cooperate would trigger termination of GA eligibility.

The two components that involve the status of a consumer’s SSI/SSDI application would terminate when the consumer exhausted the applicable appeal options, the status of the SSI/SSDI application can not be documented or the consumer is no longer cooperating in the process.

An informational general notice will be sent from Central Office to all GA consumers that have exceeded the 24 month time limit or are expected to in the next 90 days advising them of the establishment of hardship criteria and the general nature of the criteria. A copy of this notice is attached. It is expected to be mailed on or about July 1, 2004. GA consumers will be instructed that their worker will be contacting them to review their case and determine their eligibility for hardship status. Reports will be generated by Central Office and distributed to the field identifying those cases that have reached or will reach their 24th month by September 2004.

Given that we have a significant number of cases that have exceeded the 24 month threshold since January 2004, it is intended that the review of those cases over 24 month cases occur during the period beginning July 1, 2004 through September 30, 2004. Strictly for implementation purposes, individuals who have reached the 24 month time limit or will do so by September 2004 should be deemed eligible for hardship if they meet the criteria at any time through the point at which their case is reviewed. For the VR and Domestic Violence criteria, hardship should be granted until the assessment by the appropriate entity is completed even if the assessment is not completed until after the consumer has surpassed their 24th month.

Once initial implementation has occurred, (cases that reach their 24th month October 2004 and beyond) consumers must meet the eligibility criteria for hardship at or before they reach their 24th month. Workers should certify the consumer for all hardship categories that are applicable unless the consumer meets the age or GARN criteria.

Consumers who are potential self referrers to VR for determination of their eligibility under this hardship criteria should be encouraged to request voluntary referral as early as their 21st month but they can do so at anytime through their 24th month.

Termination of Hardship

Although the over 60 and GARN criteria remain in effect until the consumer qualifies for regular Social Security benefits, the other four criteria are time limited and subject to termination.

The two criteria related to the status of the consumer’s SSI/SSDI application would terminate when they have either exhausted all appeal options related to their initial application or have been denied at the reconsideration level if it is a subsequent application. The consumer’s eligibility would also terminate if the consumer fails to continue to cooperate with KLS or other appropriate advocates in pursuing their disability determination.

Consumers who qualify for the VR hardship criteria would lose eligibility if:

• VR’s initial assessment determines that they are not eligible for VR services or if eligible have fewer than 3 functional limitations, or;
  
  
• VR is able to assist them to the degree that they no longer meet GA eligibility guidelines, or;
  
  
• The consumer fails to cooperate with VR.

Consumers with eligibility for Domestic Violence/Sexual Assault criteria would lose eligibility if:

• The assessment performed by OARS or a comparable entity determines that the consumer is not currently experiencing the effects of Domestic Violence/Sexual Assault, or;
  
  
• OARS or a comparable entity determines that the consumer is no longer experiencing the effects of Domestic Violence/Sexual Assault, or;
  
  
• The consumer fails to cooperate with OARS or a comparable entity who is assisting the consumer to overcome the effects of Domestic Violence/Sexual Assault.

System Issues

In addition to the initial notice generated at Central Office, the following notices have been developed and should be used in conjunction with notices identified in the 24 month Implementation memo to advise consumers of their time limit and hardship status:

• Qualify due to AGE or GARN
  
  
• Qualify based on status of current SSI/SSDI application
  
  
• Qualify subject to assessment by VR or DV entity
  
  
• GA Hardship Termination

These notices are under development and will be available on the system by July 1, 2004. Field staff will be notified when these notices are available.

Impact on Staff

With the exception of the Age and GARN criteria, staff will be required to minimally review hardship cases at six month intervals to determine if the individual continues to meet eligibility criteria. It will be necessary to work closely and coordinate with VR, KLS and/or the Domestic Violence/Sexual Assault provider as appropriate to determine the ongoing status of the case since the prevailing circumstances supporting their eligibility could change at any given time.

Please direct any questions to Lewis A. Kimsey at lak@srskansas.org or 785-296-0147.

BM:LK:jmm

Notice