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DPSS ePolicy

49-030 Ineligibility for SSI or SSP

Release Date

Section Heading

Purpose

To convert existing policy to new writing style only - No concept change


Policy

To be eligible for Cash Assistance Program for Immigrants (CAPI), an applicant/participant must meet all CAPI requirements (refer to 49-010: Eligibility for CAPI). One of the CAPI requirements is the CAPI applicant’s/participant’s ineligibility for Supplemental Security Income/State Supplementary Payment (SSI/SSP) solely due to their immigration status.

The SSI/SSP ineligibility requirement must be verified by one of the following:

  1. A formal denial letter from Social Security Administration (SSA) issued within the past six months of the CAPI application/redetermination showing the applicant/participant is ineligible for SSI/SSP solely due to their immigration status;

  2. An informal denial letter (L-991), or other verification from SSA issued within the past six months of the CAPI application/redetermination showing the applicant/participant is ineligible for SSI/SSP solely due to their immigration status;

  3. Verification that an SSI/SSP application has been filed, and pending SSA’s final determination (this includes pending appeals related to the CAPI applicant’s/participant’s disability or immigration status); or

  4. A worker’s determination that the CAPI applicant/participant is not a Qualified Alien (refer to 49-020: Immigration Status – Qualified Alien) or their immigration status is one of the Permanently Residing Under Color of Law (PRUCOL) categories for CAPI purposes (refer to 49-020.1: Immigration Status - PRUCOL).

The California Department of Social Services (CDSS) requires that each CAPI participant’s ineligibility for SSI/SSP must be re-determined at the annual redetermination process (refer to 49-070: Redeterminations).            


Background

As stated in the All County Letter (ACL) No. 98-82, Cash Assistance Program for Immigrants (CAPI), dated October 16, 1998, a CAPI applicant/participant must be ineligible for SSI/SSP based solely on their immigration status. Since the SSI/SSP immigration status rules are complex, and may change over time, a CAPI applicant/participant must provide verification from the SSA that they are ineligible for SSI/SSP solely due to their immigration status. Any CAPI applicant/participant who fails to file or appeal an SSI/SSP application, following a worker’s referral, is ineligible for CAPI and their CAPI benefits should be denied or suspended/terminated. 


Definitions

Immigration Status

Refers to an individual’s legal position with regard to their presence in the United States (U.S.). “In status” means that an individual has a legal right to be present in the U.S. under existing law, and “out of status’ means that an individual does not currently have a legal right to be present in the U.S..


PRUCOL

Means persons who are Permanently Residing Under Color of Law and refers to non-citizens residing in the U.S. with the knowledge and permission of the U.S. Citizenship and Immigration Services (USCIS), and the USCIS does not contemplate enforcing their departure. For CAPI purposes, PRUCOL refers to the specific non-citizen categories listed in 20 CFR. 416.1618 unless the category is also listed in the definition of Qualified Alien listed below (refer to 49-020.1: Immigration Status – PRUCOL).


Qualified Alien

Means non-citizens who meet the definition of Qualified Alien as described in Section 431 of Public Law 104-193, as amended (refer to 49-020: Immigration Status – Qualified Alien).


SSI/SSP

Refers to federal (SSI) and state (SSP) funded program that provides cash assistance to aged, blind, and disabled residents of California. The SSA manages SSI/SSP for the state of California. 


Requirements

  1. A CAPI applicant/participant with a “qualified alien” immigration status (refer to 49-020: Immigration Status) or their immigration status is not one of the PRUCOL groups for CAPI purposes (refer to 49-020.1: PRUCOL) or whom the worker believes is eligible for SSI/SSP must apply/reapply for SSI/SSP.

  2. A CAPI applicant/participant who has been referred by their worker to SSA must provide the worker with verification that they’ve applied/re-applied for SSI/SSP. If the CAPI applicant/participant fails to do so within 30 calendar days, they will not be eligible to receive/continue to receive CAPI benefits unless the worker verifies that they had good reason (example: hospitalization) for not filing within the 30 calendar day period.

  3. A CAPI applicant/participant is ineligible for CAPI if they are:

    • Eligible for SSI/SSP; or

    • Ineligible for SSI/SSP for a reason other than immigration status alone (example: CAPI applicant/participant exceeds the income limit or under 65 years old and SSA verified that individual is not disabled).

Verification Docs

SSI/SSP Ineligibility

  • A formal denial letter from SSA.

  • An informal denial letter, or other verification from SSA. 

  • Verification that an SSI/SSP application is currently pending, which includes a pending appeal related to the CAPI applicant’s/participant’s disability or immigration status.

Procedures

Administrative Release Number: 5783

Date: October 21, 2019

During the CAPI application/redetermination process, the Eligibility Worker (EW) must determine potential SSI/SSP eligibility for CAPI (refer to Determining Potential SSI Eligibility for CAPI).

A CAPI applicant/participant who is a Qualified Alien should be required to apply/reapply for SSI/SSP (refer to 49-020: Immigration Status - Qualified Alien).
 

Ineligibility for SSI/SSP

A CAPI applicant/participant who meets the CAPI "ineligibility for SSI/SSP" requirement should not be required to apply/reapply for SSI/SSP when:

  1. A CAPI applicant/participant provides a formal denial letter from SSA issued within the past six months of the CAPI application/redetermination shows that the CAPI applicant/participant is ineligible for SSI/SSP solely due to their immigration status is provided.

  2. A CAPI applicant/participant provides an informal denial letter, or other verification from SSA issued within the past six months of the CAPI application/redetermination shows that the CAPI applicant/participant is ineligible for SSI/SSP due to their immigration status is provided.

  3. A CAPI applicant/participant provides verification that shows an SSI/SSP application is currently pending, which includes a pending appeal related to the applicant’s/participant’s disability or immigration status is provided.

  4. A CAPI applicant/participant is not a Qualified Alien (refer to 49-020: Immigration Status - Qualified Alien) or their immigration status is one of the PRUCOL categories for CAPI purposes (refer to 49-020.1: Immigration Status - PRUCOL).


Qualified Alien

If the CAPI applicant/participant is a Qualified Alien (refer to 49-020: Immigration Status - Qualified Alien); and

  • Unable to provide verification that an SSI/SSP application has been filed with SSA, the EW must:

    • Provide the CAPI 103, Referral for SSI/SSP application form, to the CAPI applicant/participant and refer them to SSA to apply/reapply for SSI/SSP.

    • Assist the CAPI applicant/participant in completing the SSI/SSP application with SSA, if needed.

    • Direct the CAPI applicant/participant to appeal the denial of the SSI/SSP application, as applicable.

      Note: Applicants/participants can be referred to the Countywide Benefits Entitlement Services Team (CBEST) to request SSI representation. CBEST provides coverage for CAPI SSI applicants requesting appeal representation.

    • Deny the CAPI application (or suspend/terminate existing CAPI benefits) if the applicant/participant neither applies/reapplies for SSI/SSP, nor appeals the SSA denial within 30 days from the date of the CAPI 103, unless the EW determines the applicant/participant had good reason for not complying (example: hospitalization).

      Note: Currently, the California Statewide Automated Welfare System (CalSAWS) does not have the suspension functionality for CAPI cases. The EW will terminate the case and utilize the Reapply button when the applicant has complied with the requirements. The date of compliance will be used when re-opening the case.

      CAPI applications/redeterminations should be processed upon receipt of SSI/SSP ineligibility verification. Approve the CAPI application/redetermination if the CAPI applicant/participant meets all the CAPI requirements.

  • Discontinued from the SSI/SSP program due to expiration of the “SSI/SSP seven-year period of eligibility” previously available to certain refugees and other humanitarian immigrants, and ineligible for SSI/SSP benefits solely due to their immigration status, the EW must confirm discontinuance by accessing the Medi-Cal Eligibility Data System (MEDS) to verify that the payment status code is N13. If the EW is not able to verify through MEDS, the EW must: 

    • Contact SSA to verify SSI/SSP discontinuance; or

    • Request CAPI applicant to submit a written verification from SSA.

The EW must continue in the determination of initial/ongoing eligibility in the following situations:
 

  1. A CAPI applicant/participant is 65 years old or older, the CAPI application must be processed. The CAPI applicant is eligilbe for CAPI (if they meet all CAPI requirements) while SSI/SSP application is pending. 

  2. A CAPI applicant/participant is under 65 years old and claiming to be disabled: 

    1. A disability packets must be completed and sent to the California Disability Determination Services Division (DDSD) for evaluation (refer to 49-025: Age and Disability); or

    2. A Presumptive Disability determination must be made while awaiting the DDSD’s formal disability or blindness determinations (refer to 49-025: Age and Disability).

      Note: To be eligible for CAPI benefits based on a finding of presumptive disability, a person must meet all CAPI requirements (refer to 49-025: Age and Disability). 

      CAPI payments based on presumptive disability cannot be made for longer than six months (refer to 49-025: Age and Disability).

      Payments based on a presumptive disability are not considered overpayments if the applicant is ultimately determined to be not blind or disabled (refer to 49-025: Age and Disability). 
 
  • Discontinued from the SSI/SSP program due to expiration of disability (MEDS payment codes N07 or N08) and under 65 years old, the EW must:

    • Obtain an SSA medical printout showing the date of re-exam; or

    • Complete a disability packet and send to the DDSD for evaluation (refer to 49-025: Age and Disability). 

 

Interim Assistance Reimbursement 

To ensure the CAPI benefits are repaid by the CAPI applicant/participant properly, the EW must:

  1. Require CAPI applicant/participant to sign the following during the CAPI Intake (refer to 49-015.1: CAPI Application Procedures) and annual redetermination, which is within 12 months from the date of application and each succeeding 12-month period, (refer to 49-070: Redeterminations): 

    • SSP 14, Authorization for Reimbursement of Interim Assistance Initial Claim or Posteligibility Case form.

      Note: Require the CAPI applicant/participant take the SSI/SSP application and CAPI 103 to SSA.

    • SOC 455, State Interim Assistance Reimbursement form.
       
  2. Terminate CAPI benefits as soon as possible after determining the CAPI participant has been approved for SSI/SSP benefits to avoid overpayments.

Forms


Examples

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System Screens

How to Generate the SSP 14

Generate the SSP 14 through the Template Repository Search page.

Screenshot of Template Repository Search

Access the form through the hyperlink.

Screenshot of Template Repository Search displaying SSP 14 link


Re-opening Suspended Cases

Access the terminated case through the Case Summary page.

Screenshot of Case Summary page highlighting the CAPI program block

Expand the Program section and click on the View Details radio button.

Screenshot of Case Summary highlighting the View Details radio button

Click the Edit radio button.

Screenshot of CAPI Detail page highlighting the Edit radio button

Click the Reapply radio button.

Screenshot of CAPI Detail page highlighting Reapply radio button

Complete the required fields and click the Save and Return radio button.

Screenshot of New/Reapplication Detail page highlighting Application Date, Requested BDA, Source, and Save and Return radio button

The case should now show a pending status.

Screenshot of Case Summary page highlighting Pending status

References


Obsolete Docs

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Contact

Administrative staff may contact the GR Special Projects & SSI Advocacy at (562) 908-6732.


Revision Date

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Attachments for Internal Use


Attachments

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Index

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