1400 Application Process, Case Disposition, and Written notice of Case Action

1410 Application Process

1411 General Information - Submittal of a paper or online application with name, address and signature shall be considered a request for assistance. A telephonic signature and electronic signature techniques including typed signature is a valid and legal signature. Ineligibility for any program does not automatically render the applicant ineligible for other programs. For food assistance and cash purposes, a face-to-face or telephone interview is required at the time of application (See 1412.4)

Based on the provisions of 4000, an application shall include all persons who are required to be in the assistance plan. A new application is not required to add additional household members to existing programs.

Intake may be limited to providing the application form unless the applicant makes an additional request. If there is an intake interview, it must provide the applicant an opportunity to state his request and explain his situation and enable the agency to provide the applicant with needed information or to refer him to other staff members or other agencies for the help requested.

The application form together with the EES worker's records (if any), the necessary forms (budgets, notices of action, narratives, etc.), and any required verification must substantiate eligibility or ineligibility.

At the time of application processing, each month shall be viewed separately in determining eligibility or ineligibility. For example, if an application is filed in July but processed in August, ineligibility in August shall not affect the eligibility determination for the month of July.

Minimum Documentation required for each application/review processed which must be documented in the case file include the following:

1. Programs considered for eligibility
   
   
2. Assistance planning/household composition by program (including reasons for excluding mandatory person in assistance plan)
   
   
3. Student Eligibility (including reasons students are included or excluded)
   
   
4. Resource information (including reasons for exempting a countable resource or counting an exempt resource)
   
   
5. Income (Include a list of paychecks and/or calculations used in prospective determinations or in establishing an average)
   
   
6. Explanation of Program Denial (Must include detailed explanation of denial).

Expedited food assistance service shall be provided to households in immediate need. See 1415.1.

An application for food assistance benefits can be filed at any Social Security Administration (SSA) Office for those households in which all members of the food assistance household are either applying for or receiving SSI benefits. For convenience, the application process for joint processing (SSA-DCF) has been separated from regular DCF application processing. The application process for households applying at the SSA office is discussed in 1417.

1411.1 How to Apply - Applicable to All Programs - Application forms can be requested from any local DCF office, DCF access site, or KDHE-DHCF Outstationed Worker site. An application can be filed in person, through an authorized representative (for Food Assistance), by mail, by fax, or electronically online. See also 1411.5 regarding Universal Access. DCF has one paper application form for food assistance, TANF (including Refugee) and Child Care. The revised ES-3100 is now titled “Application for Benefits”.

The revised ES-3100 has space for 6 persons in a household. If the household is applying for more than 6 persons, they should complete the ES-3100 Addendum – Additional Persons. Each page (front and back) contains questions for 2 persons.

DCF offers online applications. The DCF online application allows an individual to apply for the Food Assistance, Temporary Assistance for Needy Families (TANF), and Child Care programs.

When an application is requested, the local DCF office shall help the household identify their service needs and assure that the individual receives all necessary applications. For example, an individual expressing concerns about not having enough food should be encouraged to apply for food assistance benefits. The individual shall be encouraged to file the application the same day – in person, by fax, or electronically online. (See 1411.2 below for the application date of an online application). An application shall be mailed to the household the same day the request is received.

NOTE: If the applicant household is homeless and they have no physical street address to list, the application shall be so noted and accepted by the agency.

For ongoing recipients who have completed the ES-3100 application form and who subsequently request additional assistance under a different program (e.g., a Food Assistance recipient who requests cash assistance) and for situations in which an additional program is added to a pending ES-3100 application based on a client's request, the following provisions shall apply:

1. If the new program (including the Income Eligible child care) is requested within the month following the month of application or in the first month of the new review period, a new application, signature, or interview is not required (assuming an interview has already occurred for the open program). The date of proration shall be the date the additional request is first received – either orally or in writing, by the agency. See 7401.
    

2. If the new program is requested after the month following the month of application or after the first month of the review period, a new application and interview (if applicable) are required.

   
   
3. No new application is required if the agency initiates the new program, such as when transitioning TANF Child Care to Income Eligible Child Care or when a TANF work program participant verbally requests Child Care Subsidy.
   
   
4. If a Foster Care Child Care case has been open within the last 12 months, a new request for child care is received and all necessary information verified, Foster Care Child Care may be reinstated with a new 12-month eligibility period. No new application is required.
   
   

1411.2 Application Date - The date of receipt of a signed paper application in a DCF Service Center or Outstationed Worker site is considered the application date for establishing initial eligibility. The date that a telephonic signature is obtained by the agency shall be considered the application date.

All signed applications shall be date-stamped the date received in the DCF Service Center or the Outstation Worker site.

For information regarding a faxed or copied application form, see 1212.2.

NOTE: Date-stamping of an application by non-agency personnel does not constitute a date of receipt for application purposes.

1. Online applications – The date the online application (which is electronically signed) is submitted through DCF is received shall be considered the application date if it is received before 5:00 pm (or closing time) when submitted on a business day. If the application is submitted after 5:00 pm (or closing time) on a business day, weekend, or holiday, the application date is the following business day.
   
   
2. Applications with no program request – The application date for a paper application received with no indication of the program(s) being requested is the date the application is received in the local DCF office or Outstationed Worker site. Immediate contact with the applicant must be made to determine which programs are being requested.
   
   The programs requested shall be registered using the date of receipt as the application date for those programs only. Any subsequent request for other programs by the applicant shall be registered with an application date based on the date of request [See 7401(10)].

Example 1: An individual files an application for assistance on June 1, but fails to indicate on the form which programs he/she is requesting. The agency contacts the applicant on June 3 to determine he/she is requesting cash, medical, and food assistance. Those programs are registered with an application date of June 1.

Example 2: An application for food assistance is received on March 2. During the face-to-face interview on March 5, the applicant also requests TANF and Child Care assistance. These additional programs are registered with an application date of March 5.

3. Unsigned applications – If paper applications, received either through the mail, left at the DCF office, or left at the Outstationed Worker site, are not signed by the applicant or legal representative, the agency will attempt to obtain a telephonic signature. If the attempt is unsuccessful or the applicant is unwilling or unable to provide the telephonic signature, the application will be returned to the applicant by mail. The entire application shall be returned to allow the applicant to review his/her answers prior to certifying under penalty of perjury that all answers are correct and complete to the best of their knowledge. A cover letter (Appendix P-15) must be attached to the application explaining the need to sign the application and return it to the appropriate office for processing.
   
   Applicants can return page 3 of the ES-3100 and establish the filing date as long as that page contains the applicant's name, address, and signature. The application must be completed and submitted, however, to determine eligibility.
    

1411.3 Who May File - An application for assistance shall be made by the individual in need or by another person able to act in the individual's behalf. See 1523, 2110 and 2220. If the applicant or his representative signs by mark, the names and addresses of two witnesses are required. Obtaining the signatures of all persons in the family group who are requesting assistance and able to act in their own behalf per 2110 is encouraged, but cannot be required.
 

1. Filing for Institutionalized Individuals (Not applicable to Food Assistance Program) - When possible, all necessary information and signed forms will be obtained by institutional personnel. Parents, spouses, guardians/conservators and others who may apply on behalf of the individual per 2110 must always be given the opportunity to apply on behalf of an institutionalized person not able to act in his own behalf. If institutionalized personnel are unable to obtain an application from the patient or any of the above individuals, the administrator of a licensed facility may apply on behalf of the patient. For minor children, if the length of stay will not exceed 30 days so that parental income and assets are considered, hospital staff are not be able to complete the application process. General hospitals are not regarded as a licensed facility for this purpose.
   
   Complete applications will be forwarded to the DCF office for processing.

    

   All information pertinent to eligibility and known by institutional staff will be communicated to the local office. When the institution acts as an employer to the patient, institutional personnel will be responsible for reporting all earnings to the local DCF office.
    

   Generally, the local DCF office where the institution is located will process new applications. (See 1411.5 regarding Universal Access.) However, when appropriate, the local office shall determine whether the individual is currently included on an open cash or child care case before processing. If the individual is included on a currently open case, the application shall be denied. The referral and a copy of the application shall be sent to the current county where the appropriate case action will be taken to certify eligibility to the institution. (See 9200 (ICT).)




2. Filing for Individuals Being Released from State Correctional Institutions - Discharge staff at the 9 State Correctional Facilities may begin the application process for potentially eligible inmates a maximum of 30 days prior to their release. The correctional facilities are El Dorado (Central, North, and Toronto Unit), Ellsworth, Hutchinson (Central, East, and South Units), Lansing (Central and East Units), Larned (Central and West Units), Norton, Topeka, Wichita Work Release Facility, and Winfield
   
   In such instances, the inmate can sign the application as of the date of completion and the application can be filed with DCF.
   
   

   1. The application shall be registered in the system at the time of receipt. However, the application is not valid until the release date. Once the agency receives the application, a worker will conduct an interview with the inmate by telephone. If the individual is otherwise eligible, the processed application will be held until the individual is released and benefits can be issued.
      
      The agency shall make an eligibility determination and issue benefits within 30 days following the date of the applicant's release from the institution. If, for any reason, the agency is not notified on a timely basis of the applicant's release date, the agency shall determine benefits based on the date of release. See also the provisions of KEESM 1417 regarding Food Assistance and processing of SSA applications for inmates of public institutions.
      
      Assistance shall be determined based on the living arrangement the person is residing in upon release. For cash purposes, the shelter standard for the county of placement shall be used in establishing the need standard for persons placed in independent living arrangements. Assistance for the individual shall be prorated for the first month of assistance based on the date of application/discharge.

1411.4 Withdrawing the Application - The household may voluntarily withdraw its application at any time prior to a determination of eligibility. The agency shall document in the case file the reason for withdrawal, if any was stated by the household, and that contact was made with the household to confirm the withdrawal. The household shall be advised of its right to reapply at any time subsequent to withdrawal.

However, when an a TANF applicant has been requested to submit to suspicion-based drug testing for TANF, a request for withdrawal or case closure to avoid a drug test, does not override a drug test request. Explanation of consequences of the drug test failure is required. See KEESM 2660. This does not apply to food assistance.

1411.5 Universal Access - Although an application is normally made in the county of residence, an individual or family can apply for and receive benefits in an area other than where they live. The DCF service center where the application is filed shall inform the client of the possible options, considerations, and consequences of having the case processed and managed from a service center other than the service center which would ordinarily serve residents of that county. If the client chooses to have benefits and services established and maintained in the service center where originally filed, the service center shall process the application and, if approved, manage the case unless there is a good reason not to. The individual would usually be expected to access all like services from the same service center except where such services need to be accessed from different locations.

The ability to be served in an area other than where the person normally resides may be appropriate when:

• the natural center of business for the person is in another county;
   

• needed services are available in the service center chosen and not where the individual lives;
   

• applying for a family member, who lives in another county (e.g., a parent who needs nursing facility care).

Being served in another service center would not be appropriate where the individual is shopping for better services or a different worker, to avoid negative consequences such as a work penalty, or where court jurisdiction does not allow the case to be handled in a different Region.

If an application is mailed or left at a county office that will not be responsible for processing the application, the office shall mail the application to the appropriate office on the same day, or forward it the next day by any means to insure the application arrives the day it is forwarded (such as FAX). However, as noted above, applications for Medicaid poverty level or Title 21 coverage for children will be mailed to the KanCare Clearinghouse.

1411.6 Registration of Applications – Applications for all programs that are not entitled to expedited benefits, must be registered within two business days of the date of application (see 1411.2). Applications that are entitled to expedited benefits must be registered within one business day of the date of application. For example, a non-expedited online application is submitted on a Saturday. The application date is Monday, and the application must be registered by close of business on Wednesday. Or a non-expedited online application is received submitted on the Wednesday before Thanksgiving. The application date is the following Monday and the application must be registered by close of business on Wednesday. For expedited, the same policy applies except the agency has only one day to register the application. So, an expedited application submitted online on a Saturday must be registered by close of business on Monday. Or an expedited paper application is received on a Friday and it must be registered by close of business on Monday.

Applications received without a benefit program request must be registered within two business days of the date the agency determines the programs for which the client is applying. Applications that are entitled to expedited benefits must be registered within one business day of the date the agency determines the programs for which the client is applying. See 1411.2.