49-045 FILING FOR OTHER BENEFITS

.1 To be eligible or remain eligible for CAPI, an individual must file for SSI/SSP benefits, and appeal SSI/SSP benefit decisions, if the county makes the referral to do so. .11 Filing for SSI/SSP also includes cooperating with the Social Security Administration by providing all requested information and evidence. .12 The county must refer any CAPI applicant or recipient who they believe to be eligible for SSI/SSP to file for SSI/SSP regardless of any previous determinations by the Social Security Administration. .13 Any CAPI applicant or recipient who has been denied SSI/SSP because of a determination that he or she is not disabled must be referred to file an appeal of the disability decision. Effective 10/16/03 .14 Individuals are eligible or remain eligible for CAPI benefits while the SSI/SSP claim or appeal of an immigration status or disability issue is pending, as long as the individual fully cooperates in the application and administrative appeal process of the Social Security Administration. .15 An applicant or recipient who does not file for SSI/SSP within 30 days of receiving the county referral is not eligible or does not remain eligible for CAPI, unless the county determines that a good reason exists for not filing within the 30-day period. .2 Counties are required to determine if a recipient would benefit from county advocacy activities in his or her effort to become eligible for SSI/SSP. .21 Counties are required to determine which advocacy activities would most likely help CAPI recipients become eligible for SSI/SSP, and to provide those activities. The allowable advocacy activities are: .211 Assist the recipient in completing SSI/SSP appeal forms. .212 Refer recipients to a panel of attorneys to provide representation at an SSI/SSP hearing. .213 Assist in collecting medical and psychological records for the recipient after the recipient’s initial SSI/SSP denial. This activity does not include providing transportation or accompaniment for the recipient to or from medical appointments. .214 Assist the recipient in scheduling medical/psychiatric appointments after the recipient’s initial SSI/SSP denial. This activity does not include providing transportation or accompaniment for the recipient to or from medical appointments. .215 Assist the recipient in arranging for transportation to medical appointments after the recipient’s initial SSI/SSP denial. This activity does not include providing transportation or accompaniment for the recipient to or from medical appointments. .216 Submit completed forms to SSI and the State Disability Determination Office. .217 Act as a liaison with SSA and the State Disability Determination Office to ensure that all SSI related requirements are met for SSI approval. Effective 10/16/03 .218 Assist the client in obtaining citizenship. This assistance is limited to making referrals to the Immigration and Naturalization Service, assisting in completion of required citizenship documents, and making referrals to citizenship courses. It does not include payment for courses or providing transportation or accompaniment for the recipient to or from registration or classes. (a) "Assisting in completion" of required documents does not include preparing those documents. HANDBOOK BEGINS HERE (b) 8 CFR 1.1(k) states: "The term "preparation," constituting practice, means the study of the facts of a case and the applicable laws, coupled with the giving of advice and auxiliary activities, including the incidental preparation of papers, but does not include the lawful functions of a notary public or service consisting solely of assistance in the completion of blank spaces on printed Service forms by one whose remuneration, if any, is nominal and who does not hold himself out as qualified in legal matters or in immigration and naturalization procedure." HANDBOOK ENDS HERE .3 To be eligible or remain eligible for CAPI, an individual must file for all other benefits for which he or she may be entitled when the county makes a referral. .31 Other benefits include any payments for which an individual can apply that are available on an ongoing or one-time basis such as annuities, pensions, retirement benefits, disability benefits, unemployment or worker’s compensation, and Social Security benefits. .32 The county must refer any CAPI applicant or recipient who they believe to be eligible for another benefit to file for that benefit. .33 Filing for other benefits also includes cooperating with the other agency by providing all requested information and evidence. .34 An applicant or recipient who does not file for the other benefit within 30 days of receiving the county referral is not eligible or does not remain eligible for CAPI, unless the county determines that a good reason exists for not filing within the 30-day period. NOTE: Authority cited: Sections 10553, 10554, and 18943, Welfare and Institutions Code. Reference: 20 CFR 416.210 and Sections 18938, 18939, and 18940, Welfare and Institutions Code. Effective 10/16/03