CCWRO.ORG WELFARE VERIFICATION ATTENTION : This “powerpoint” presentation is intended to be presented with an oral presentation to fill in the blanks left vacant.   If you want a presentation, please contact CCWRO at 916-736-0616 or complete our “training request form” at: http://www.ccwro.org/index.php?option=com_content&view=article&id=47&Itemid=55 CCWRO.ORG 1901 Alhambra Blvd., Sacramento, CA 95816- 7012 • Tel: 916-736-0616 • Cell: 916-712-0071 • Email: kevin.aslanian@ccwro.org

Why Verification? To determine eligibility for programs. To make it hard for people to get benefits. How much is spent to verify? Outcomes of verification requirements - procedural ineligibility.

A CalWORKs Case Verification List Housing. Identify. Birth. Marriage. SSN.

A CalWORKs Case Check stubs, letter from employer, 100 hour rule. Checking Account. Car Registration – Estimates. Alien Status. Pregnancy Verification.

A CalWORKs Case School attendance for school age kids. Immunization Records – Religious Exclusion. Get a Receipt When Turning in Verification to the CWD. WIC §1023.5

Verification Laws & Regulations WIC §11275.et.seq. MPP §§40-105, 40-107, 40-115.22 & 40- 157.2. MPP §40-126.et.seq ACIN -91-88 ACIN-09-01

Other Means of Verification IEVS. SAVE. UIB. MEDS.

Be Nice To Applicants, Recipients MPP §40-101.12 Be Nice To Applicants, Recipients MPP §40-101.12 It is the responsibility on all who are concerned with the administration of aid to do so with courtesy, consideration, and respect toward applicants and recipients and without attempting to elicit any unnecessary information. Administrative duties should be performed in such a manner as to secure for every applicant and recipient the amount of aid to which he or she is entitled under the law.

MPP §40-105.12 Only ask for what folks have. Clients are not required to produce verification they do not have. MPP §40-105.1 Assuming Responsibility Within His/Her Capabilities During the determination of initial and continuing eligibility, the applicant or recipient shall assume as much responsibility as he/she can within his/her physical, emotional, educational, or other limitations. Within his/her capabilities, the applicant/recipient is responsible for: .11 Completing or participating in the completion of all documents required in the application process or in the determination of continuing eligibility. .12 Making available to the county all documents that are in his/her possession or available to him/her which are needed to determine eligibility or ineligibility. .13 Reporting all facts known to him/her which he/she believes to be material to his/her eligibility or which the county has identified to him/her as affecting eligibility.

Methods of Gathering Evidence MPP §40-157.2 Verification is a joint responsibility of client and county. CWD shall tell client what is needed and how it will be used. When client cannot get it, the county shall assist. MPP §40-157.213 MPP §40-157.210 The gathering of evidence necessary to make an eligibility determination of an applicant is a joint responsibility of the applicant and the county. .211 The county shall inform the applicant what evidence is desired, why it is needed and how it will be used. .212 The applicant shall cooperate with the county in the evidence gathering process to the fullest extent possible. .213 When it is not possible for the applicant to obtain necessary evidence, the county shall obtain it for him.

Social Security Card No card – Just Social Security Number 40-105.2 Social Security Number (SSN) .21 As a condition of eligibility, each AFDC-FG and U applicant or recipient member of the AU shall: .211 Furnish his/her Social Security Account Number (SSN) or numbers, if more than one, within 30 days following the date of the application for assistance; or

Immunization Religious Exception MPP §40-105.4(f) Exemptions. The immunization requirement does not apply if the parent(s)/caretaker relative submits: (1) An affidavit stating that the immunization requirement is contrary to his/her personal/religious beliefs and the reasons for his/her objection.

MPP §40-107-CWD Helping Clients If the applicant/recipient cannot get the requested verification the county shall help the client: (a) Assisting the Applicant The county is responsible for assisting applicants or recipients in understanding their rights and responsibilities in relation to application for aid; for evaluating the capacity of the applicants or recipients to discharge their responsibilities as set forth in MPP §105; for assisting them as needed in establishing their eligibility and helping them to realize the maximum personal independence of which they are capable, including self-care and self-maintenance.

Affidavit if Verification Not Available MPP 40-115.22 Sworn statement Except for proof of pregnancy & Alien status MPP § 40-115.22 Acceptable evidence must be obtained concerning the linking and nonlinking factors of eligibility. (See each Eligibility Chapter for what is acceptable evidence.) When such evidence does not exist, the applicant's sworn statement under penalty of perjury will be considered sufficient, except in the areas of verification of U.S. citizenship or alienage status and/or medical verification or pregnancy. See Section 42-433 for verification of citizenship or eligible alien status and 80-300(m)(2) for verification of pregnancy.

What Type of Verification Can The CWD Ask For? MPP §40.126.31 Past eligibility that is relevant to determining current eligibility. Current Eligibility. MPP §40-126.31 “The county shall require only evidence necessary to determine past or present eligibility for the amount or delivery of aid.”

Written Notice of Verification MPP § 40-126.32 Within 10 days CWD shall provide applicant with a written notice of required verification. The notice must include examples of alternative evidence. MPP §40-126-32 “Within ten calendar days of application, the county shall provide written notice to the applicant of the required evidence and examples of alternative evidence, if any, to determine eligibility.”

Assist the Applicant to Get Verification - MPP §40-126.331 CWD shall assist applicant/recipient to get verification. Client shall make a “Good Faith Effort” to get written requested verification. If the client cannot, county shall. Also see MPP §40-107. MPP §40-126.331 - The county shall assist the applicant in obtaining evidence of eligibility from a third party when the county has determined that the applicant has made a good faith effort to obtain the evidence and the third party fails or refuses to provide the evidence.

Third-Party Fees - MPP §40-126.332 CWD shall pay for third party fees if the county is going to get the verification. CWD shall provide Notice that they will pay for the third-party fees. MPP §40-126.332 - If necessary, the county shall pay a third party fee to obtain existing evidence of eligibility on behalf of the applicant. MPP §40-126.333 - The county shall notify the applicant, in writing, of the requirements of MPP §40-126.33 at the time that such evidence is requested.

Third-Party Verification-ACIN 91-88 County forms for verification illegal. Client primary source of verification. Confidentiality Violation.

Document in Case File of Client’s Failure to Make a Good Effort CWD has to document in case file client’s alleged failure to make a good faith effort. CWD rarely does this. Best defense in an application denial due to alleged failure to provide verification case. MPP §40-126. 334 - The county shall document an applicant's failure to a good faith effort in obtaining necessary evidence of eligibility in the case file.

30 Days to Get Verification in After Application Denial After the application is denied applicant has 30 more days to get the verification in. Once the verification is received, the county shall continue to process the application. COUNTY ILLEGAL PRACTICE – Telling applicants they must reapply. MPP §40-126-324 The county shall rescind a denial and grant aid if the applicant is otherwise eligible based on the original application when: (a) The denial is based solely on the applicant's failure to cooperate in providing evidence of eligibility; and (b) The county receives the needed evidence within 30 calendar days of the date of denial.

Notice of Action Contents NOA shall say that the applicant has 30 days to submit the verification. Notice must specify what verification is requested. Most NOA’s are “failure to provide requested verification”. MPP § 40-126.343 “When the county denies an application based on failure to cooperate in providing needed evidence of eligibility, the notice of action must advise the applicant of his/her rights to submit evidence within 30 calendar days of the date of denial for the denial to be rescinded.

Retrieve File for Verification When the application is filed within a 1 year of prior termination of benefits, CWD shall retrieve the prior case file. CWD can only ask for verification that is not in the old case file such as Social Security Card, Birth Certificates, Marriage Certificate, Alien Status Verification.

Notice Requirement for Looking at Old Case File CWD shall notify the applicant in writing of the rules for getting verification from the old file. Rarely are applicants given notice of this requirement. MPP §40-126.37 - At the time an applicant (described in MPP §§40-125.93 and 40-126.35) applies for aid, the county shall inform the applicant in writing of the requirements of MPP §§40-125.93, 40-126.35, and 40- 126.36.

Food Stamp Verification 7 U.S.C. §2020(e)(3) 7 C.F.R. §273.2(f) MPP §63-300.5

FS – What Has To Be Verified? Income. Alien Status. Identify; third party verification acceptable – sponsor forms. Assets; i.e. checking account, vehicle, etc. Give county the SS number or apply for one. SS number does not mean a Social Security Card. CWD can check the SSN in their computers. Residence – Address or mailing address is not a requirement for FS or CW. MPP § 63-401.5 Utility. No verification required for SUA.

FS – Optional Verification CWD has to have a countywide policy to verify an optional item; or Only when the information is “questionable” MPP §63-3005(g) To be considered questionable, the information on the application must be inconsistent with statements made by the applicant, inconsistent with other information on the application or previous applications, or inconsistent with information received by the county welfare department. When determining if information is questionable, the county welfare department shall base the decision on the household's individual circumstances.

Optional Verification Items Liquid Resources and Loans. Household Size. Shelter Costs. Household (HH) Composition. Citizenship.

You Have To Have An Address. True or False? Another county LIE. NOTE: MPP §42-400. “Residence in the state, but not in the county, is a requirement for receipt of aid. However, it is necessary to determine the county in which the applicant lives in order to establish county responsibility for payment of aid. (See MMP §40-125.)

ACL-09-01 The form provides: 1. Due Date. 2. Item needed to verify. 3. Who is the verification for?, i.e. Birth certificate for Mary? 4. What program is the verification for? 5. Check if you can’t get proof and need help. 6. Check if you already turned the verification in. 7. If you can’t get the verification, there is a release form so the county can get it. 8. The form is not mandatory.

Home Visit for CalWORKs Only when eligibility is questionable. Immediate Need apparent eligibility cannot be determined without a home visit. HOME VISIT. MPP§ 40-161. A home visit prior to approval of aid and prior to completion of periodic redetermination of eligibility pursuant to MPP §40-181.1 is required when living arrangements or other factors affecting eligibility, or apparent eligibility in cases of immediate need or diversion, cannot be satisfactorily determined without such a visit. However, the recipient's failure to comply with the provisions of MPP §40-181.22 will result in the termination of the recipient's grant without the requirement of a home visit.

Home Visit for Food Stamps Home visit can be done, always scheduled in advance. When interview is waived. When recertification is more than annual. To get documentation not provided, the county can do collateral contact or home visit. Home visits may be used as verification when documentary evidence is insufficient to make a determination of eligibility.

Sanchez v. County of San Diego (9th Cir. 2006) 464 F.3d 916 Home Visit Court Cases Bad Case Law Expensive Sanchez v. County of San Diego (9th Cir. 2006) 464 F.3d 916 Smith v. Los Angeles County Board of Supervisors (2002) 104 Cal.App.4th 1104

Current Practice Give the applicant a list of items needed. Tell them to get it in within 10 days. Deny application if the county does not get the verification. Force applicants to reapply when denied due to no verification. Not giving applicants a form requesting verification that meets the statutory and regulatory requirements.

List of Law Violations Not telling applicants/recipients in writing what is needed. MPP §40-126.32 Not telling applicants/recipients in writing why it is needed. MPP §40-126.32 Not telling applicants/recipients in writing what items will satisfy the CWD request. MPP §40- 126.32 Not telling applicants/recipients in writing what alternative documentation may be acceptable. MPP §40-126.32

More Violations Not telling applicants/recipients in writing that the county will help him or her get the needed verification. MPP §40-126.331 Not telling applicants/recipients in writing that the C W will pay for third-party verification. MPP §40-126.333

And More Violations Not telling applicants/recipients that an adequate NOA states exactly what was not provided and that if it is submitted within 30 days, the application will be processed. MPP §40-126.333 Forcing clients to use county forms to verify information. ACIN 91-88 Not giving applicant/recipients an adequate NOA. §40-126.343

Violation Checklist —Not telling applicants/recipients in writing what is needed. § 40-126.32 —Not telling applicants/recipients in writing why it is needed. § 40-126.32   —Not telling applicants/recipients in writing what items will satisfy the CWD request. § 40-126.32 —Not telling applicants/recipients in writing what alternative documentation may be acceptable. § 40-126.32 —Not telling applicants/recipients that the county will help him or her get the needed verification. §40-126.331   —Not telling applicants/recipients in writing that the CWD will pay for third- party verification. §40-126.333 —Not telling applicants/recipients that an adequate NOA states exactly what was not provided and that if it is submitted within 30 days, the application will be processed. § 40-126.343 —Forcing clients to use county forms to verify information. ACIN 91-88 —Not giving applicant/recipients an adequate NOA about 30 days to submit verification. 40-126.343

ACTION Collect cases terminated for not providing verification. Access the validity of the termination.

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