"SNAP" - Supplemental Nutrition Assistance Program

November 2, 2009

Author: Cathy Roberts

Annual Changes Effective October 1st
The annual income thresholds increased as of October 1, 2009, however, the maximum allotments have not changed.  This is because, as part of the federal stimulus plan, food stamp allotments were increased in April of this year by more than the increase in the cost of living.  They will not go up again until the percentage rise in the consumer price index catches up with the April increase.  In addition, the standard deduction for one to three person households actually went down by $3, from $144 to $141.  This could have the effect of reducing the food stamp benefits of these size households by up to $1.  For all other households, the standard deduction increased by $6 to $8, depending on household size. 

The New York State Office of Temporary and Disability Assistance (OTDA) announced the updated standards via GIS message 09 TA/DC024, available at http://www.otda.state.ny.us/main/gis/2009/09dc024UPS.pdf.  This GIS message also has the current benefit matrix for the New York State Nutrition Improvement Project (NYSNIP), the food stamp “automatic enrollment” project for SSI live-alone recipients.

And Empire Justice has released our updated FS budget worksheet too! 

Reminder:  There Are No Drug or Alcohol Treatment Requirements in the Food Stamp Program!
This principle was highlighted in an important FH decision recently obtained by Hannah Nezezon, an attorney at Monroe County Legal Assistance Center. Hannah’s client, a recipient of Family Assistance and food stamps, was required to participate in outpatient substance abuse treatment as part of her employment requirements.  She failed to attend drug treatment appointments and the Agency proposed to sanction her from temporary assistance for 90 days, and 4 months for food stamp purposes.  At her hearing, the client testified that she had not attended rehab because she had secured employment during the day. Upon obtaining her job, she requested a transfer to an evening treatment program, but this request was not accommodated.

The ALJ held there is no authority under federal food stamp law to impose a food stamp disqualification for failure to comply with drug and alcohol treatment.  (The ALJ also held that for PA purposes, Hannah’s client had demonstrated good cause for failure to comply with work program requirements.)  Hannah’s case is a good example of how districts confuse the food stamp and temporary assistance eligibility requirements, and, of course, how legal advocacy can help ensure that clients receive the benefits they’re entitled to!  You can get a copy of Hannah’s fair hearing decision (FH# 5180861L) on the Online Resource Center at http://onlineresources.wnylc.net.

College Students and Food Stamps
Many low-income college students are unable to participate in the Food Stamp Program, due to fairly rigid federal eligibility criteria governing student eligibility.  Fortunately, it’s now a wee bit easier for some of New York’s working college   students to qualify for food stamps.  That’s because OTDA has obtained a waiver from USDA to allow working college students’ hours to be averaged over a 30 day period, effective June 1, 2009, for purposes of determining whether they meet the 20 hour per week work requirement.  Prior to June 1st, in order to meet the 20 hour per week criteria, a college student had to work 20 hours or more each and every week.  Now districts can average the student’s hours over a 30 day period, and if the average number of hours over a 30 day period is 20 or more per week, the person meets the “eligible student” criteria.  

You can obtain a copy of OTDA’s implementing policy memo, 09 ADM-08, on the Online Resource Center at  http://onlineresources.wnylc.net/pb/docs/09-adm-08.pdf.  The ADM includes a list of the other “eligible student” categories, which are also contained in the federal regulations at 7 CFR 273.5.

Pilot and Roll-out of FS Online Application
New York’s food stamp program is beginning to move into the 21st century! 

Throughout the past year, OTDA has been piloting a facilitated application process in New York City and in many upstate districts.  The facilitated application process involves partnerships with community partners across the state who help households fill out an electronic food stamp application which then gets submitted to the local district.  The community partners have also been assisting households in gathering their documentation.  The district continues to remain responsible for the expediting screening, conducting the  eligibility interview, (which is usually done by phone), and determining eligibility.  

In August, Governor Paterson announced the availability  of a “live”, publicly available online food stamp application in three upstate counties – Jefferson, Lewis and Madison.  Residents in these counties could begin directly applying for food stamps online, without having to go to a community agency, through the “My Benefits” portal at https://www.mybenefits.ny.gov/selfservice/.

In the coming months,  other counties will be included in the public online food stamp application, and it should eventually be available statewide. Anthony Farmer, a spokesperson for OTDA, told the Utica Observer Dispatch in August that “We're going to the counties and making sure their systems are prepared.  We're trying to make sure everyone's ready to do it.  We expect by the end of the year almost every county outside New York City should be on board with the online food stamp application.” (http://uticadailynews.com/feed/utica_daily_focus/6634-oneida_county_can_soon_apply_online_for_food_stamps.txt)

While online application filing capability should help increase access, it is important to remember that it is not a magic bullet.  Online filing is simply another way of filing an application.  Households still need to be interviewed and to verify their eligibility by submitting documentation to the food stamp office.  And online filing isn’t much help to households who can’t access the internet or who don’t have a telephone.  Additionally, online filing can present special challenges for households with emergency needs, persons with disabilities and those with language barriers, among others. Nevertheless, “e-app” presents an exciting opportunity to help more eligible households receive food stamp benefits, and to streamline administration at the local district level.  We will keep you posted!

In the meantime, for the latest information about food stamp application procedures for your local district, go to myBenefits.ny.gov.  Plug in your zip code and you’ll be able to see whether your district offers either the facilitated application procedure and/or the public online application process.

Intentional Program Violation (IPV): Disqualifications Based on Marital Status
In June, the Urban Justice Center filed a putative class action, entitled Robles v. Doar and Hansell, in the Southern District of New York against both the Human Resources Administration (HRA) and OTDA.  The Robles case was initiated on behalf of individuals who have been or will be disqualified from food stamps because these individuals indicated on their food stamp recertification forms that they are not married. These individuals have been terminated from the food stamp program, or will be terminated, even though they were not residing with their spouse at the time they recertified. (Individuals who live with their spouse must apply for and receive food stamps with their spouse, as one food stamp household.  But marital status is completely irrelevant for individuals who don’t live with their spouse.)  And by HRA’s own written admissions, none of the named plaintiffs received an over issuance of food stamps.

Urban Justice has advanced federal statutory and regulatory theories based on implied cause of action, Section 1983, and preemption, a federal due process constitutional claim, state regulatory theories based on implied cause of action and preemption, and a State Administrative Procedure Act claim.  Their complaint seeks declaratory and injunctive relief, including reinstatement of lost benefits.  You can get a copy of the Robles complaint on the Online Resource Center’s benefit law database at http://onlineresources.wnylc.net.  For more information about the Robles case, contact Tara Crean at the Urban Justice Center at 646-602-5649. 

Have any questions about this article, or any other food stamp related questions?  Contact Barbara Weiner or Cathy Roberts at Empire Justice Center.