M E M O R A N D U M

IM-113  09/17/02  QUESTIONS AND ANSWERS FROM THE EVALUATION PROCESS FOR AN EXTENSION TO THE 60-MONTH LIFETIME LIMIT DUE TO A HARDSHIP TRAINING


SUBJECT:
QUESTIONS AND ANSWERS FROM THE EVALUATION PROCESS FOR AN EXTENSION TO THE 60-MONTH LIFETIME LIMIT DUE TO A HARDSHIP TRAINING
DISCUSSION:
The purpose of this memorandum is to provide answers to the questions received during the training of the evaluation process.  This process is not exact and one answer will not necessarily fit every situation.  It is important for staff and teams to understand their purpose and goals and make the best decision possible for the participant.  The questions and answers are divided into subject groups.

TIME LIMIT INFORMATIONAL LETTERS
 
Q.1 If letters are not sent to participants at the exact increments of 24 months, 36 months, 48 months, 54 months and 59 months will the months listed on the letter be incorrect?
A. No, when the letters are sent the system will use the current information in IMTI and use the correct months.

60-MONTH REVIEW CHECKLIST (IM-360)
 
Q.1 Can the IM-360 be completed in a team review?
A. The IM-360 is designed to be completed with the SSCM and the participant during a face-to-face meeting.  It is then used by the team as a checklist to make sure the participant acknowledges that the information has been explained to them.
Q.2 When do the team members sign the IM-360?
A. Team members sign the IM-360 after the team review has been completed.
Q.3 Does the IM-360 have to be completed within a specific timeframe?
A. At a minimum, the IM-360 should be completed between the 54th and 60th month.
Q.4 Should the team members list their title or relationship on the IM-360?
A. This is not mandatory but it is a good idea.
Q.5 Is there a time limit between the face-to-face meeting and the forms being sent to the designee?
A. No, there is not a time limit as to number of days, but the designee must receive the information by the 59th month.  This should be as soon as possible after the team review for the benefit of the participant.

ITME/ITMI
 
Q.1 How will a worker know if a participant has received Temporary Assistance in another state?
A. There is no change to current policy.  The worker will send an IM-41 and/or call the other state.   If this information is verified by phone obtain the name, phone number and title of the person providing the information.
Q.2 What if a pending application is due and the number of months received Temporary Assistance is not verified; should application be held or approved?
A. Do not delay approving the application.  Adjustments may be made when information is received.  Make every effort to contact the other state.  Use the best information possible, which may be applicant's statement.
Q.3 How much time should be spent on trying to obtain information on the number of months received in another state?
A. Staff need to continue trying until the information is received.  The following web site has the most current contacts for each state. http://dpaweb.hss.state.ak.us/training/map/mapChoice.htm
Q.4 What if a participant's work requirement code was entered incorrectly?  Example:  What if too many months or not enough months were coded disabled (exempt 06)?
A. If the coding is agency error we will not go back and add mandatory months to a participant's lifetime limit.  If the participant should have been coded exempt and was not, we will update the system and show the exempt months.  We will continue to err on the side of the participant.
Q.5 If a parent is a convicted drug felon or a fleeing felon and does not receive Temporary Assistance on him/herself, would this case be subject to the 60-month lifetime limit?
A. No, this is a child only case with no time limit imposed.
Q.6 If one parent is exempt due to disability (receives SSI) and the other parent has used 54 months in their lifetime limit do we start the process?   If the parent with 54 months moves out what happens to the case?
A. When any adult who is receiving cash reaches 54 months the evaluation process will be initiated.  If the parent with 54 months moves out, the case has no adult receiving cash and becomes a child only case with no time limit imposed.

EXTENSIONS
 
Q.1 How long can a participant be extended?
A. There is no time limit for an extension.  (Remember an extension needs to be reviewed a minimum of every 90 days).  A participant may be extended as long as the team decides there is a reason for an extension.
Q.2 May an extension be longer than 90 days?
A. Yes.
Q.3 How do we verify self-declaration of substance abuse?
A. Self-declaration is the verification that the barrier to employment exists.  Staff must verify if the participant is receiving treatment or attending support groups.
Q.4 Will an extension be granted if the participant self-declares a drug addiction but refuses treatment?
A. No, the participant has the responsibility to participate in activities that will assist in overcoming this barrier to employment.
Q.5 Is it reasonable to establish a time limit for the participant to begin their treatment depending on the resources available in their community?
A. Yes, this would be a reasonable request and a good discussion for the team review meeting.
Q.6 What happens when a participant is not cooperating with the activity outlined in the extension?
A. The SSCM should try contacting the participant to assist in overcoming any barriers.  If the participant is still not cooperating the team is reconvened.  The team may recommend closing for not cooperating with the self-sufficiency plan.
Q.7 Under the Family Crisis extension reason the term temporarily disabled is listed.  If an individual is in her 3rd trimester of pregnancy can an extension be granted?
A. This is a team decision.  Pregnancy is not a reason for an extension however there may be high-risk circumstances that could warrant an extension.
Q.8 Can a participant be extended if he/she obtains employment in his/her 59th month and is eligible for the 2/3's disregard?
A. Employed and receiving the 2/3's disregard is not a reason for an extension.
Q.9 If a participant has a child under the age of one and is coded exempt 01, and the case reaches the 60-month lifetime limit, can the case be closed?
A. Yes, if that is the team recommendation after the evaluation process has been followed.
Q.10 If a participant is approved for a nine-month training course but only has six months left to receive Temporary Assistance will the case be extended?
A. No, completing a course of study is not a reason for an extension.  If the training was approved for DESE funding the participant may continue to complete the course after the Temporary Assistance case has closed.
Q.11 When an Adverse Action Notice (IM-80) is sent to close the case on an individual who is currently sanctioned and the participant responds and wants to now cooperate, will this meet an extension reason?
A. No, agreeing to cooperate is not an extension reason.  The case will be reviewed using the evaluation process to determine criteria to meet an extension.

TEAM REVIEW
 
Q.1 May a team review be held on the same day as the face-to-face meeting?
A. It is unlikely that this would happen.  Until the face-to-face meeting has occurred staff may be unaware of community agencies that may need to be involved.  The participant has also not had time to prepare and invite a representative, as they feel necessary.
Q.2 Is there a time frame to get the team together to make a decision?
A. As quickly as possible.
Q.3 How many members need to be on the team?
A. A minimum of three with one of the three being someone other than IM staff and the participant.  It is highly recommended to have a representative outside the agency.
Q.4 Is the makeup of the team for the 60-month process much like the FST?
A. Yes.
Q.5 Who will facilitate the team review meetings?
A. The SSCM, supervisor or any other agency representative that agrees to serve as the facilitator.
Q.6 May a team review be accomplished by telephone conference call and how will signatures be obtained?
A. Yes, if the participant and team agree, the review may be accomplished via conference call.  The IM-360 will need to be mailed or faxed to each team member for his/her signature.  Retain a copy of each team member's signature in the record attached to the original IM-360.
Q.7 May there be a core team?
A. Yes you may have core members but the team must be individualized to each participant.
Q.8 May the participant's significant other attend the team meeting?
A. Yes, it is the participant's choice as to whom they want to attend.
Q.9 If a participant chooses to have several family members or friends at the Team Meeting they could sway the team into an extension even if the case files show different.  Who makes the decision on who and how many can attend the team meeting?
A. The SSCM should discuss with the participant a limited number of people the participant believes would best represent their family needs.  The SSCM should then discuss who will make up the rest of the team.
Q.10 If the participant brings a friend/pastor to the team review, would it be uncomfortable to discuss certain information and make a recommendation?
A. The SSCM needs to explain the team review process and then the participant chooses whom they would like to attend.
Q.11 Must there be a consensus of the team?  What happens if the team is divided?
A. The team must make every attempt possible to come to a consensus and then submit that recommendation to the designee.
Q.12 If no one shows up for the team meeting but the SSCM and the supervisor can a meeting be held?
A. No, it does not meet the purpose of having a team review to meet without the required three members with one being outside of IM.
Q.13 Does a Family Support Team Meeting/Team Review need to be done in the 54th month if one was just held?
A. Yes, the process must be followed.  If a FST was held, follow-up should be scheduled in 90 days and will fall right into the process.
Q.14 Can team reviews be held before the receipt of 54 months?
A. Yes, the reviews may be completed at anytime during the receipt of Temporary Assistance.  Earlier reviews will give staff a head start on assisting the family.  The evaluation process for an extension for hardship will begin in the 54th month.
Q.15 What happens if the team and designee decide in the 55th month that an extension should be allowed and then by the 60th month the individual overcomes the barrier?
A. Case management should continue from the 55th to the 60th month.  If circumstances change and the participant no longer meets the criteria for an extension, a team review should be completed and a new recommendation would be submitted to the designee for a decision.
Q.16 What is the process when the designee has signed the denial for an extension and there is a change in circumstances that may cause the family to be eligible?  Would this have to go back to a team for a review?
A. Changes in circumstances require another team review.  The new recommendation of the team will go to the designee for the final decision.
Q.17 Do you have to have a team meeting when the participant requests no extension?
A. No, there is no reason to have a team meeting if the participant is not requesting an extension.  Ask the participant to write a statement on the IM-360 to that affect.  The designee will need to approve.
Q.18 What if there is no outside IM staff at the team meeting and the participant requests no extension?
A. That is okay, as long as the designee is comfortable with the documentation showing that the extensions were explained.  If not, the designee may ask questions of the team members who did attend, or may ask for a copy of the narrative.  Once again, have the participant write their request on the IM-360.

DESIGNEE
 
Q.1 How do we know there will be consistency among all the areas in designee's decisions?
A. All designee's must follow the evaluation policy.
Q.2 What if the designee does not agree with team consensus?
A. The designee may ask questions of any team member and may ask the team to reconvene to present/ask for more information.
Q.3 What is the timeframe for the designee to get a decision back to the SSCM?
A. The designee should return the decision to the SSCM by the end of the 59th month so timely action may be taken if necessary.

SANCTIONS
 
Q.1 Do sanctioned individuals need to go through the process?
A. Yes, send the letter of invitation.  At any point they choose to cooperate, lift the sanction using current policy.
Q.2 Do sanctioned cases need to go to the designee for final decision to close if the individual chooses not to participate?
A. Yes, there is no requirement for a team review if the family is sanctioned, but the designee must sign off on the closing.
Q.3 Do we proceed with normal sanction procedures if the client is not engaged and does not cooperate with our attempts to review and engage?
A. If between the 54th and 60th month the participant is not cooperating with work activities the normal conciliation/sanction process should be followed, including attempting a face-to-face.
Q.4 Can a case be closed in the 58th month (any month) if the individual states they do not want to cooperate for the last 2 months of receiving assistance?
A. No, begin the conciliation and sanction process.  If the participant requests their case be closed then it may be closed in the 58th month, or at any time.
Q.5 If an individual states in their 57th month they just want their Temporary Assistance to ride out the next 3 months and then close is that okay?
A. The participant has a responsibility to participate in a work activity or enter the conciliation and sanctioning process.

HEARINGS
 
Q.1 Does an individual have appeal rights on the extension?
A. No, but they have the right to appeal the adverse action to close their case at the end of the 60 months if no extension is granted.
Q.2 Who will handle hearing requests?
A. They will be handled the same as any hearing request.
Q.3 How does the Division of Legal Services look at each reference?
A. DLS will first use existing Missouri law, then rules and regulations and finally reference policy.
Q.4 When an IM-80 is sent to close a case after the individual "refused" to cooperate with work activities or the 60 month process and a hearing is requested, can they continue to get benefits?
A. Yes.  As in any hearing request, if the request is received within 10 days after the IM-80 is mailed, benefits will continue until the decision is affirmed or reversed.
Q.5 If an individual requests a hearing after the 60 months, should something be entered into the IMU5 system?
A. Not at this point.  In the future, there may be a code for the IMU5 and ITME system that will designate that the participant is in the hearing process.

MISCELLANOUS
 
Q.1 If an individual becomes employed during an extension period will supportive services be offered.
A. Yes, supportive services (TRE, WRE, and Case Management) would continue for 90 days.
Q.2 Can a case be closed before the 60th month for unable to contact?
A. Yes, "when the whereabouts of the recipient or other eligible person is unknown and mail sent to him/her has been returned by the Post Office indicating no known forwarding address" an IM-80 is not required.  Chapter X, Section III, Page 11, #5.
Q.3 If in an individual's 54th month the SSCM is unable to contact the individual, can a reinvestigation be sent and if no response can an IM-80 be sent to close?
A. Cases should only be reinvestigated when eligibility is in question.  If information in the case record (FS, CC etc.) shows continued eligibility then a reinvestigation would not be appropriate.
Q.4 Can an individual participate in AEL in their last 6 months of receiving Temporary Assistance?
A. Yes.
Q.5 Will Child Care policy change for searching for work while not receiving Temporary Assistance?
A. No.  See policy outlined in Child Care Policy Manual, Section 1230.010.00.

NECESSARY ACTION:
  • Review this memorandum with appropriate staff.
DC/GZ
Distribution #6

IM-112
[ 2002 Memorandums ]
 IM-114