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Email Benefit Update January 2007
- Health Programs – 2007 Income/Resource Levels
- Adjustments in the New York State Nutrition Improvement Project (NYSNIP)
- Retroactive Food Stamp Benefits Awarded to Disabled Clients - Harris v. Eggleston
- Challenging "Parent-Only" Public Assistance Denials - Cannalonga v. Doar
- Registration for 9/11 Workers Compensation Extended to August 14, 2007
- EBT Update
- Community Resources
Health Programs – 2007 Income/Resource Levels
Medicaid
Effective January 1, 2007, the following income guidelines will be used to determine Medicaid eligibility for aged, disabled, blind, children 19 – 20, and parents with children under 21.
|
Family Size |
1 |
2 |
3 |
|
Net Monthly Income |
$700 |
$900 |
$1,100 |
|
Resources |
$4,200 |
$5,400 |
$6,600 |
The expanded Medicaid income levels for children through 18 are:
|
Family Size |
1 |
2 |
3 |
|
Children |
|||
|
Birth to 1 -- 200% FPL |
$1,685 |
$2,265 |
$2,845 |
| 1 through 5 -- 133% FPL | $1,121 | $1,507 | $1,892 |
|
6 through 18* -- 100% FPL |
$843 |
$1,133 |
$1,423 |
Family Health Plus
|
Family Size |
1 |
2 |
3 |
|
Households w/ Dependent Children -- 150% FPL |
$1,264 |
$1,699 |
$2,134 |
| Singles/Childless Couples -- 100% FPL | $843 | $1,133 | |
|
Resources |
$12,600 |
$16,200 |
$19,800 |
Medicare Savings Program
|
|
Individual |
Couple |
|
QMB -- 100% FPL |
$843 |
$1,133 |
| SLMB -- 120% FPL | $1,011 | $1,359 |
|
QI-1 -- 135% FPL |
$1,138 |
$1,529 |
The resource levels for QMB and SLMB remain the same at $4,000 for one and $6,000 for couples. There is no resource test for QI-1.
For a complete listing of the 2007 income/resource levels for health programs go to Eligibility Charts or go to the “Benefit Tools” on the right side of the PBRC webpage and click on “Eligibility Charts”.Adjustments in the New York State Nutrition Improvement Project (NYSNIP)
The New York State Nutrition Improvement Project (NYSNIP) provides a standardized amount of food stamps to all SSI live-alone singles in NYS completing a separate FS application. The standardized benefits depend on the individual’s shelter costs, whether the individual is living in subsidized housing with heat included in the rent, and whether the individual has sources of income other than SSI.
The NYSNIP benefit levels have been adjusted as of January 1, 2007 due to the annual increase in SSI benefits. Most NYSNIP recipient households will see a decrease in their food stamp benefit amount as a result of this. However, households in NYC and Nassau and Suffolk counties with a high shelter/SUA-eligible code will actually receive an increase in FS benefits.
In addition, the “high shelter” threshold has been increased from $200 to $213 beginning January 1, 2007. This means that only those households with shelter expenses of more than $213 will be considered a “high shelter” case and be eligible for the higher standardized food stamp benefit.
Retroactive Food Stamp Benefits awarded to Disabled Clients - Harris v. Eggleston
In 2002 the Urban Justice Center filed a federal class action suit, Harris v. Eggleston, challenging New York City’s and New York State’s practice of closing food stamp cases to disabled recipients who were initially in receipt of Public Assistance and were then transferred to the federal disability roles.
In December 2006, New York City and State officials agreed to distribute millions of dollars in retroactive food stamp benefits to settle the class-action lawsuit. Final approval of the United States Department of Agriculture, which pays for the benefits, is pending.
Roughly 100,000 New Yorkers could be eligible to receive food stamps to replace benefits denied to them erroneously for any period since 1999. For more information contact the Urban Justice Center at 646-602-5600.
Challenging "Parent-Only" Public Assistance Denials - Cannalonga v. Doar
On June 21, 2006, a class action, Cannalonga v. Doar, was filed challenging the requirement that parents include their non-dependent minor children in their Public Assistance filing unit when applying for Family Assistance or Safety Net Assistance.
Background: In 2001, families who “timed out” of Family Assistance were required to include their children in their PA cases when they were switched from Family Assistance and evaluated for NYS’ Safety Net Assistance Program at the end of the family’s five year federal time limit. For some families, whose child (ren) had a source of income, this meant that the child’s income would be included when determining the household’s eligibility for PA. As a result either the household became eligible for a decreased SNA benefit, or were no longer eligible for Public Assistance benefits.
In 2003, regulations were modified for Family Assistance households, which required that parents applying for Family Assistance were also required to include children in the PA filing unit.
Although New York Social Service Law 131-c[1] requires parents be included when minor dependent children seek PA benefits, there is no mutual statutory requirement that parents include their children when the parent (and only the parent) wishes to apply for PA.
The proposed class is defined as:
All past, present and future adults in New York State who:
- live with their minor children, and
- have applied or will apply for PA benefits for themselves for themselves only and not for their minor children ("parent-only" cases), and
- have been or will be deprived of PA benefits because their eligibility has been or will be determined on the basis of their entire family, including their minor children ("family cases").
For parent-only cases in the Family Assistance (FA) category, relief will be sought back to November 1, 2003. For parent-only cases in the Safety Net Assistance (SNA) category, relief will be sought back to December 1, 2001.
If you have a client who suffered a reduction or denial of PA benefits due to the forced inclusion of the client's children into the filing unit, contact Peter Vollmer, Vollmer & Tanck at (516) 870-0335.
Registration for 9/11 Workers Compensation Extended to August 14, 2007
In August 2006 the New York State Workers’ Compensation Law was revised to allow employees and volunteers, who participated in the rescue, recovery and cleanup operations following the September 11, 2001 terrorist attacks on the World Trade Center to file claims for workers' compensation benefits, provided they register with the Board before August 14, 2007.
Those who have not yet developed any 9/11 related illnesses are encouraged to register before this deadline to protect their rights should they become ill in the future. Individuals who register before August 14, 2007 can file a claim with the Worker’s Compensation Board at any time in the future. Please note that registering does not mean a claim has been filed.
In order to register, the individual must file with the Workers' Compensation Board a sworn statement, on Form WTC-12, listing the dates and locations of his/her participation in the rescue, recovery and cleanup efforts.
Workers’ compensation pays all the medical expenses for a sickness or an injury that is work-related. It also pays two-thirds of an individual’s average weekly wage up to $400 a week, if he/she cannot work because of work-related sickness or injury.
There are some workers who are not eligible because they are not in the workers' compensation system. They are NYC uniformed services (firefighters, police, sanitation workers), NYC teachers and federal employees. But these workers are eligible if they performed any rescue, recovery or cleanup work off-duty, as a volunteer. For more information go to:
- New York State Workers Compensation Board http://www.wcb.state.ny.us/content/main/SubjectNos/sn046_159.htm
- Get a Fact Sheet form the New York Committee for Occupational Health and Safety http://www.nycosh.org/911info/factsheet_english.html
EBT Update
Effective April 15, 2007 EBT users will no be able to use a pay phone to call the EBT toll free customer service helpline. However, this helpline, 1-888-328-6399, will still be available from any phone other than a payphone, 24 hours per day, 7 days per week.
In addition EBT users who have access to the internet may check their account balance at www.ebtaccount.jpmorgan.com. Users can check their transactions and balance on their cash and/or food stamp benefits.
Community Resources
MFY's Workplace Justice Project
MFY's Workplace Justice Project received a grant to provide direct legal services in the form of advice, counsel and representation at administrative hearings to formerly incarcerated people seeking a security guard license or other occupational licenses in NYS. Their telephone intake line is 212-417-3838 and is available from 1:00 to 4:00 p.m. on Mondays.
NYC Bankruptcy Assistance Project
The New York City Bankruptcy Assistance Project (NYC BAP) provides free pro bono assistance to low-income (200% of poverty and below) residents of New York City.
Clients referred to NYC BAP should be New York City residents, with gross household income of no more than 200% of the Federal Poverty level ($1,595 per month for a family of one; $3,225 per month for a family of 4). Their hotline number is 646-442-3630. For more information about NYC BAP, go to: http://www.lsny.org/rtf1.cfm?pagename=Bankruptcy