Your Welfare Rights
Your federal and state governments administer and fund certain assistance or welfare programs. In Tennessee, these programs include cash assistance in the form of Families First benefits, Unemployment Insurance or Compensation, Veteran's Administration benefits, and SSI (Supplemental Security Income), as well as SNAP benefits (food stamps) and TennCare. In addition, the State of Tennessee administers supplemental programs like W.I.C. (Women, Infants and Children), a food voucher program, and E.P.S.D.T., a health screening and treatment program for children on Medicaid. Your local Department of Human Services can give you information on W.I.C. and E.P.S.D.T.
All welfare programs require that you or the head of your household fill out an application and sign under oath that the information given is true. The agency must make a written decision as to whether you qualify for the particular program and send you a notice of their decision.
You have certain basic rights under every welfare program. Each agency should provide you with written information or their employees should explain the program benefits, rules for being eligible, and your responsibilities to cooperate with the agency. You have the right to apply for any of these programs, to look at the records which the agency uses to decide if you are eligible for program benefits and to receive a decision about your application within a certain amount of time. Keep in mind that each agency has different time limits for different actions
If you are denied program benefits or do not agree with the decision of the agency, you have the right to appeal the decision. To appeal any decision, you must file a complaint in writing with the agency within a certain period of time. Each agency has its own forms, procedures and time limits for appeals. You have the right to be represented by someone in your appeal and in any other matter involving the agency.
If an agency decides to stop or reduce your benefits, you may be able to have the benefits continued if you appeal within a certain period of time, usually ten days. You may be forced to pay back the benefits you received after you were told the benefits would stop or be reduced. If you do have an overpayment, it is possible in some programs to ask that repayment of the overpayment be waived.
If you are receiving assistance from such a program, the agency will check your eligibility from time to time. The agency should tell you what, if anything, you must do to continue receiving benefits. If the agency is going to stop or reduce your benefits, you have the right to receive a notice before the benefits are stopped or reduced. This gives you time to appeal the decision or try to get another source of income.
In every form of welfare, you have the right to a hearing, sometimes called a fair hearing. The hearing is usually held in your area and gives you the chance to tell your story to a neutral person, a judge or a referee/hearing officer. You and your representative will be allowed to see every piece of evidence the agency plans to use at your hearing. You may bring witnesses to your hearing. The judge or referee/hearing officer will explain your rights, allow you and your representative to tell your story, make a recording of the hearing and reach a decision based on the evidence. This decision will be written and a copy will be sent to you and your representative. If you want to have a representative, the local legal services may be able to provide you with free assistance.
One important thing to know about welfare programs is your right of privacy. All information which is in your file is confidential. It cannot be given to other people or agencies unless you give your permission.
Anytime you take paperwork, appeals or other documents to an agency you should ask for a dated stamped copy or a receipt, so you can prove you gave them the paperwork. If you mail something, you should send it by certified mail and request a receipt. If you fax paperwork, keep a copy of the fax confirmation sheet.
Eligibility for Supplemental Security Income (SSI)
If you are in financial need and you are 65 years of age or older, or blind, or mentally or physically disabled, you may be eligible for monthly supplemental security income checks from the Federal Government called “SSI” checks. Blind or disabled children may also be eligible. You may be eligible for checks if you have little or no regular cash income and do not own much in the way of assets which can be turned into cash.
The amount and type of assistance that may be obtained will depend upon your marital status, physical condition and other factors. There are different payment rates for people who live in their own house or apartment, or in board and care homes, and for people who live in someone else’s household if they don't pay their share of household expenses.
To be eligible as a single individual, you may not have cash assets valued at more than $2,000.00 for a single person or $3000.00 for a couple. This is called a resource limit. The resource limit includes the value of savings accounts, checking accounts, cash, stocks, bonds and anything else you own which could be changed to cash and used for food or shelter; but not everything you own counts as an asset. Life insurance policies with a combined face value of $1500 or less do not count. Household goods, such as furniture, and personal effects, such as jewelry, are not counted as long as they are actually used. One car, regardless of value, is not counted if you or a household member use it for transportation. A home or land of any value does not count as long as it is used as your residence.
If you believe that you may be eligible for supplemental security income checks, you should immediately telephone the nearest Social Security office and tell social security you want to file a written application for SSI benefits. You may receive both Social Security and SSI checks at the same time, if you are eligible for both.
Part of the application process may require certain documents be included in your file. Be prepared to submit the originals of whichever of the following documents fit your situation:
- Your birth certificate or other proof of citizenship;
- Your most recent bank account statements;
- Your life insurance policies if the face value of all of your policies total $1,500.00 or more;
- Your car registration slip;
- Proof of any income you have, such as veteran’s pension or other pension annuity.
If you apply for SSI as a disabled person, the application process will require a list of doctors, hospitals, or clinics where you have received treatment. The full address, telephone numbers, and patient identification numbers, if any, will be needed.
If you receive SSI checks in Tennessee, you are automatically eligible for TennCare, the state’s medical assistance program.
If you do apply for SSI and are turned down, you have the right to challenge that decision. You have the right to have an attorney or other representative help you in your challenge of that decision. The letter which you received that told you that you were turned down also tells you how to appeal your case. It is very important that you act on your case within the time limits set out in your letter.
If you already receive SSI checks , keep in mind that you will need to notify the nearest social security office if there is a change in your monthly income; if there is a change in your assets-that is, if you have resources which go over the resource limit; if you are no longer disabled; if you move; if you go to work; or if you are going to be in a hospital or other institution every day of a calendar month or longer.
There is an allowance for earnings from work, but if you do go to work, you will need to contact the nearest social security office to find out how your SSI check will be affected.
For more information about Supplemental Security Income, call your local Social Security office.
Benefits Available if You've Had an Accident
Many wage earners are entitled to benefits if they become disabled. A worker's family may also be entitled to benefits if the worker dies.
A worker may be entitled to Workers' Compensation, Social Security and a variety of possible other disability insurance benefits. You may be entitled to more than one type of benefit.
You must give very prompt notice of your injury to your employer or in some cases to an insurance company to protect your right to claim benefits. The time and way you give notice to your employer or the insurance company depends upon the kind of injury you have received and upon whether you were hurt. To protect your claim, do not wait to take action. Under some types of claims for disability if you don't file your notice with the right person or company you may lose your right to file your claim or your suit. If you don't file your claim or suit on time, you may lose your right to collect any money for your injury.
Even if your accident was your fault, you may still be able to receive benefits. If your injury was the fault of someone else, you may have a negligence claim against that person or company or their insurance company.
You may also be entitled to recover benefits under Workers' Compensation, Social Security, Veterans Benefits, and many disability plans if you are sick. Your right to recover depends upon your timely filing of the correct notices and claims and the reason for your illness.
It is important that you understand that even if you are receiving one type of benefit, you may also be entitled to other types of benefits, but you must timely file your claims and notices for each type of disability benefits. You may be entitled to both temporary and permanent benefits. If your injury lasts for only a short time, you may only receive temporary benefits.
As an injured employee, you have many rights. For example, if a person were fired from their job because of filing a Workers' Compensation Claim, that person might be entitled to some legal protection.
Because of the many time restrictions imposed by Federal and Tennessee State Laws and the number of different possible programs for an injured or sick employee, you should promptly consult an attorney to protect all of your various disability benefit rights.
Welfare for Families with Children
Families First is a public welfare program in Tennessee that provides help for children who are in need because of the death or physical or mental incapacity of a parent or a parent's absence from home. (This program used to be called Aid to Families with Dependent Children or AFDC.)
The federal government shares the cost of the Families First program with the state and county. Although the federal government has rules which help determine how the program works, each county administers the Families First program using these regulations and guidelines.
If a family with unmarried minor children has only one parent as a source of support, and the family income is below the state established minimum, the family may be eligible for Families First benefits. If a second parent is in the home and one parent is either unable to work because of an incapacity or is unemployed, the family may still be eligible. There are very specific definitions of both “incapacity” and “unemployment” for this program. Relatives other than parents may be able to get Families First benefits for care of a child depending on the relationship.
In order to qualify for benefits, a family's income must not exceed the state standard after certain deductions have been allowed. In addition, the family can own $2000 worth of non-exempt property or resources. Certain resources are exempt or excluded from this limitation. A home and surrounding property which is not separated from the home by the property of others is exempted. A family motor vehicle with an equity value of $4600 or less is also excluded. Also, certain inaccessible resources which are not currently available to meet the family's needs may be exempted. Since the eligibility rules are complex, anyone interested should apply for benefits even if they are not sure if they will be eligible.
In most of Tennessee, the Families First program is administered by the individual county Department of Human Resources. Don't hesitate to apply for assistance if you think you might qualify. You will need to see an eligibility worker and the process of determining your benefits may take a considerable amount of time. Sometimes the red tape involved in the welfare program may seem too much, but stay calm and remember that you are guaranteed certain rights.
If you are applying for Families First benefits because your child's other parent is absent from the home, you will be required to cooperate with Child Support Services in helping to obtain support from the other parent unless such cooperation would not be in the best interest of your child. If you feel that your cooperation might result in harm to your child or yourself, you have the right to claim good cause to be excused from providing any information to Child Support Services. If your claim is denied, you have the right to appeal the decision by requesting a fair hearing. If your child's other parent pays child support to the state, you may be entitled to additional bonus and supplement payments.
Most adults in families receiving Families First benefits will be required to work. If you cannot work because of a physical or mental problem, you may be excused from work rules if you can show that the problem keeps you from working. If this is the case, you can also ask to see a Family Services Counselor who may be able to help you. They may also refer you to Legal Aid office for help applying for SSI disability payments. You may also be excused from work requirements under other circumstances such as if you are over age 60 or if you have to care for a disabled relative.
It is important for you to know that you can appeal any action taken against you by the county office. If you feel that you aren't treated fairly by your eligibility worker or by the department, try to discuss the problem with the worker or with the worker's supervisor. If you think you have been denied benefits incorrectly, you may request a fair hearing. It is very important to request a fair hearing within 10 days of receiving a termination or reduction decision you feel is unfair in order to keep receiving your benefits pending the hearing. However, you must request a fair hearing no later than 90 days from the date of the letter notifying you about your case. Your case worker should help you fill out the fair hearing request if you ask for help. The county office must then give you the name and address of a Legal Services Office for free legal help.
It is definitely worth applying for benefits, if you feel you are eligible, to make certain that your family is adequately provided for.
Information about Medicaid, TennCare and Cover Tennessee
Medicaid is a medical assistance program that provides health care for needy or low-income individuals. The Medicaid program is supported by Federal and State taxes and is administered in each county by the Tennessee Department of Human Services. TennCare/Medicaid is only for those Tennesseans who fit into certain categories. These categories include some low -income families with children, families who receive Families First (welfare) benefits and some families who have received these benefits in the past, pregnant women and children who are either low-income or have some medical bills, people who receive Supplemental Security Income benefits and some people who have received them in the past, and some women with breast or cervical cancer.
If you want to apply for TennCare, you should apply at tenncareconnect.tn.gov or call 855-259-0701.
SNAP Benefits (Food Stamps)
The Supplemental Nutrition Assistance Program, sponsored by the United States Department of Agriculture, is a way of helping low-income families and individuals buy more food. Benefits are available to any person who qualifies for the program. Because there are many rules and regulations governing eligibility, there is no sure way to know if you are eligible until you apply at your local welfare department--the Department of Human Services. But there are some guidelines which may help you decide if you should apply.
First, you may be eligible by yourself to receive SNAP, or you may be eligible with your whole family or with a group of people who live and buy food together. You must live in the county where you apply for the benefit.
An individual or a group applying for SNAP can't have more than a total of $2,750.00 worth of resources, that is cash savings, bank accounts, land you do not live on, or a second car. This $2,750.00 does not include your home, life insurance, household goods, a car, or personal belongings. If you live with one or more people who are applying for SNAP benefits with you, and one of you is disabled or 60 or older, all of you can have up to $4,250.00 in total resources and still be eligible.
Your income must be within certain limits for you to be eligible, but you are allowed certain deductions such as an earnings deduction, standard deduction, medical costs (if you are 60 or older or receiving disability checks), and limited child care and housing costs. The number of people in your household also determines your income limits.
If you are between the ages of 18 and 64, you will probably have to register for work with the state employment security office to be eligible for SNAP. If you are unable to work because of health problems, then you may not have to work. You won't know this for sure until you apply at your local Department of Human Services (DHS).
Either you or the head of your household may apply by calling or going to your local DHS. The office must give you an application when you ask to apply. If you are 65 or older, disabled, have no way to get to the office, or work during the day, you should call DHS and they must mail you an application that day when you ask to apply for SNAP benefits. If you go to DHS, they must take at least the front page where you sign and list your address and phone number. Ask for help if you have any problems filling out these forms. You should receive an appointment with a case worker within 30 days after the day you turn in the front page. The DHS must get your benefits to you within 30 days if you have given them everything they need to process your application. If you go to DHS and have to return for an appointment, the case worker must only have proof of how much money you get, from where, and the social security numbers for each household member. The case worker must take your word on things unless he or she can write down a good reason why not. They can ask you to prove other things only if they have a good written reason. You also have the right to look at the computer record of your case.
"Expedited" or faster service must be given to a household in great need. If you qualify for expedited service, the DHS must get you your benefits in no more than five calendar days after you call or go to DHS. You may qualify for this faster service if you have less than $150.00 in gross monthly income and have $100.00 or less in liquid resources or your rent or mortgage and utilities for the month are more than the total gross income plus liquid resources or you are homeless. Special rules also apply for migrant farm workers.
If you are turned down for SNAP benefits or if you think you haven't been treated fairly, you may file for a fair hearing. It is very important to request this fair hearing within 10 days of receiving a notice that your benefits will stop or be reduced in order to keep your benefits. You must ask for a hearing within 90 days regardless of your complaint. Your case worker should help you fill out the fair hearing request if you ask for help. DHS must then give you the name and address of a legal services office for free legal help. It is important to know that you can appeal any action of DHS.
Anytime you take paperwork, appeals or other documents to an agency you should ask for a dated stamped copy or a receipt, so you can prove you gave them the paperwork. If you mail something, you should send it by certified mail and request a receipt. If you fax paperwork, keep a copy of the fax confirmation sheet.
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