GOOD NEWS ON FOOD STAMP ELIGIBILITY FOR PEOPLE AGE 60+ and PEOPLE WITH DISABILITIES

1.      GOOD NEWS ON FOOD STAMP ELIGIBILITY FOR PEOPLE AGE 60+ and PEOPLE WITH DISABILITIES –
A.      NO ASSET LIMITS FOR PEOPLE AGE 60+ and DISABLED
Since Jan. 1, 2008, many New Yorkers who were previously not eligible for Food Stamps may now be eligible.   Since Jan. 1, 2008, there is no longer a resource limit or asset test for households with an aged (60+) or disabled member whose gross monthly income is below 200% of the federal poverty level (Yes, it does not matter how much money they have in the bank – though interest or dividends generated by savings will be counted as income). Here are the monthly income limits for households with people age 60+ or who are disabled to be eligible regardless of the amount of their assets:

Household Size 200% Federal Poverty Level Monthly Income Maximum (no resource test) Maximum Allotment

1       $1,702 $162
2       $2,282 $298
3       $2,862 $426
4       $3,442 $542

If income is above these 200% FPL amounts, or if any member of a household with income below the 200% level is currently disqualified from Food Stamps because of an Intentional Program Violation or sanction (they failed to report income or otherwise obtained benefits using false information) then the resource test is applied, as in the past. For such households, these resources are allowed:

·       $3000 per household in savings & other bank accounts, IRAs, etc.
·       Home
·       Car
·       $1500 burial fund

Just because a household has income below the 200% limit does not mean they automatically receive the Maximum Allotment of Food Stamps, or even any Food Stamps. What matters is how high their income is, and how high their rent, utilities, and medical expenses are. These expenses are deducted from income. The deductions are:

· Cost of housing and utilities (those in private housing usually receive more Food Stamps than those in Section 8 or public housing because rent is higher, though a Section 8 tenant might receive a large Utility deduction if responsible for telephone, heating, or electric/gas

· child or dependent care expenses (up to $175 for an older household member), and
· only for people 60+ or disabled -- unreimbursed medical expenses that exceed $35/month. These expenses include:

·       Premiums – Part B, Part D, Medigap or other private insurance
·       If an individual has a Medicaid spend-down, this counts as an unreimbursed medical expense.
·       Transportation costs for medical treatment
·       Out of pocket costs for drugs (Part D or Medicaid copayments), dentures, hearing aides, seeing eye dog, home care

· You can see how all these deductions are budgeted by using the Food Stamp computation worksheet posted at http://www.empirejustice.org/library/FSBudWkSt1007-908update.pdf. Note that the income table on it has not yet been updated to incorporate the new 200% income limit for people 60+ and disabled. Also IGNORE at the top of page 1 where it says $3000 asset limit for elderly/disabled. There is no asset limit if income is below 200% FPL.

For elderly/disabled households under 200% FPL with 1 or 2 members – The household will be eligible for the minimum Food Stamp benefit ($20 or $24/mlnth) even if the Food Stamp budget yields a zero or negative allotment. This means that even if someone has fairly high income and relatively small deductions for rent or medical expenses, they would still be eligible to receive $20 or $24/month in Food Stamps. This makes it worth anyone who has income under 200% FPL to apply.

B. A little more info on Food Stamps – just for SSI recipients –

· SSI recipients who “live alone” under SSI rules, which means that the individual lives alone or with a spouse who also receives SSI should be automatically enrolled in Food Stamps, without any separate Food Stamp application. This is a program called “NYSNIP.”

·
· Because the benefit is a standard benefit, not individually calculated, new food stamp recipients under NYSNIP initially receive the minimum benefit level – either $20 or $24. However, by filling out and returning a short form included with their NYSNIP opening notice (which asks some questions about the person’s shelter and utility costs), people can get their benefits adjusted to the maximum food stamp benefit level – as high as $162 for a single or $298 for a couple.

·
· New NYSNIP participants must access their food stamp account within 90 days of case opening. If no food stamp benefits have been redeemed within 60 days, OTDA (the state agency) sends a reminder notice urging the individual to use their food stamp benefits within the next month. The reminder has a list of community agencies that NYSNIP recipients can call for assistance. (Note: the follow-up letters do not include all the informational materials contained in the original NYSNIP opening notice, but you can get these materials through the Nutrition Consortium – see below.) At the end of the 90 days, if the person still hasn’t accessed any food stamp benefits, OTDA closes the NYSNIP case. This individual has to go through the regular food stamp application process if s/he wants to rejoin NYSNIP.

Attached: List of Food Stamp Offices in NYC for Households with members over 60 or who are disabled
<<Food Stamp offices ageddisabled.pdf>>
· Also see http://www.hungernys.org/programs/documents/cateldeskguide08.pdf - Desk Guide to new rules on assets

· http://www.hungernys.org/programs/documents/catelarticle.doc - complete article on the changes

· A Food Stamp computation worksheet can be downloaded at http://www.empirejustice.org/library/FSBudWkSt1007-908update.pdf. Note that the income table on it has not yet been updated to incorporate the new 200% income limit for people 60+ and disabled. Also IGNORE at the top of page 1 where it says $3000 asset limit for elderly/disabled. There is no asset limit if income is below 200% FPL.

2. HRA Obtains Reform in Indigent Burial Regulations – from http://www.nyc.gov/html/hra/downloads/pdf/february_bulletin_08_2.pdf From HRA’s February 2008 newsletter “Perspective”

“HRA’s Burial Claims Unit, under Director JoAnn Orr, assists relatives, friends and official organizational sponsors in applying for a cash benefit toward a funeral under the New York State Social Service Laws and Rules of the City of New York. The unit of 12 caseworkers and support staff all require strong social work skills and a desire to help others because of the challenges of interviewing those who are arranging a funeral for an indigent loved one or requesting reimbursement. In October 2007, HRA took a leadership role in organizing stakeholders and initiating hearings to amend the regulations governing public burial to include services for veterans and an increase in the amount of the benefit.

The City code previously designated three official organizational sponsors who can apply to HRA for the burial benefit on behalf of a decedent. The amended rules create the opportunity for organizational sponsorship of burial claims for indigent veterans. “We want to ensure that deceased veterans who served our country will be buried in the veterans’ cemetery rather than in Potter’s Field,” said Ms. Orr.

In addition, for many years the maximum benefit under law was $800 and the maximum cost of the portions of a funeral eligible for the benefit was $1400. HRA has now increased the benefit from $800 to $900, and the maximum cost of a funeral for eligibility has been raised from $1400 to $1700. The change will take effect in March 2008.

The Burial Claims Unit is committed to helping people and treating them compassionately as they go through the grieving process. Under Ms. Orr’s management, the unit has streamlined the claim process and reduced unnecessary documentation costs for applicants.”

A thorough guide to government and private assistance with burial for indigent individuals is available for download at http://www.volsprobono.org/documents/274801VOLS_Burial_Guide_2007.pdf . Note that this guide has not yet been updated to show the increased maximum funeral benefits available from NYC HRA, described above.