5101:1-2-01 The application process for Ohio works first, disability financial assistance, and refugee cash assistance.

 

 

 

5101:1-2-01                 The application process for Ohio works first (OWF), disability financial assistance (DFA), and refugee cash assistance (RCA).

 

 

 

(A)Application processing definitions.

 

(1)"Assistance group" is a group of recipients receiving benefits together under a specific category of assistance. In OWF, an assistance group is the standard filing unit (SFU).

 

(2)An "authorized representative" is an individual, eighteen years of age or older, who stands in place of the assistance group. The authorized representative may act on behalf of individuals inside or outside the household in which the authorized representative lives.

 

(3) A "case" consists of one or more assistance groups.

 

(4)"Household" is defined as a personal place of residence. A commercial establishment such as a hotel or boarding house is not a household. However, a household can exist within a commercial establishment.

 

(5)The "Primary Information Person (PIP)" is the individual who completes the application if that person meets the following two conditions:

 

(a) The individual resides in the household; and

 

(b) The individual is a member of one or more of the assistance groups in the household.

 

The PIP may elect to provide information for the determination of eligibility for his or her assistance group alone or for all assistance groups in the household. The decision rests with the PIP. If, however, during the application process the other assistance groups elect to apply independently, completing separate applications, they shall be permitted to do so.

 

(B)Applications and requests for information.

 

(1)The distinction must be drawn between a "request for public assistance" (an application) and a "request for information" (an inquiry). An inquiry will not always result in an application. Any individual has the right to apply for benefits for himself or on behalf of another individual.

 

(2)The application process is a series of activities which begins with a request for public assistance and ends with the authorization of benefits or a notice of denial.

 

(3)The application process requires the complete cooperation of the assistance group and the prompt responsiveness of the county department of job and

 

 

family services (CDJFS).

(4) The application process shall be administered with courtesy, consideration, and respect.

(5) Administrative duties shall be performed in such a manner as to secure for every assistance group the full amount of benefits to which it is legally entitled according to program regulations.

(C)Application packet.

At the time the application request is made, the following documents are given or sent to the applicant or authorized representative:

(1) The JFS 07200 "Request for Cash, Food Stamp, and Medical Assistance" (rev.

5/2005).

(2) "Application Information Letter" on CDJFS stationery.

(3) Preaddressed, stamped envelope for return to CDJFS.

(4) The JFS 04059 "Explanation of State Hearing Procedures" (rev. 08/2002).

(5) The   JFS   07104   "Application/Reapplication   Verification   Request"   (rev.

12/2000).

(D)Providing an application packet upon request.

(1) The CDJFS shall provide an application upon request. When the request is made in person at the CDJFS, the application packet shall be given the same day as the request.

(2) When the CDJFS receives the request by telephone or letter, the application packet is mailed the day that the request is made.

(3) The right to apply shall not be discouraged or denied. An individual/family who appears ineligible must still be allowed to exercise the right to apply for assistance.

(E)Who must sign the application.

(1) The application must be signed and dated by one of the following individuals in order to register the application. The PIP's signature on the application will register the application only for the assistance groups for which the PIP also meets one of the following definitions:

(a) A payee for the assistance group;

(b) A caretaker for the assistance group;

(c) Another responsible member of the assistance group;

(d)A spouse or natural or adoptive parent of a member of the assistance group who is not an assistance group member, who resides with the assistance group, and can reasonably be determined to be acting responsibly for the assistance group; or

(e) An authorized representative for the assistance group.

(2) For other assistance groups identified on the application, an individual meeting one of the definitions provided in paragraph (E)(1) of this rule must sign and date the application in order to register the request for assistance for that assistance group. The CDJFS must notify the potential assistance groups of this requirement in writing no later than one working day following the face-to-face interview with the PIP or at the point the PIP informs the CDJFS of his or her decision, whichever comes earlier.

(3) Since the face-to-face interview may be scheduled after the actual date an application is submitted, and initial benefits are affected by the date of application, the CDJFS should provide a potential assistance group identified on the PIP's application an opportunity to sign and date the application as soon as possible.

(4) If the PIP decides that eligibility is to be explored for only his or her assistance group, the CDJFS will determine eligibility based only on the circumstances and needs of the PIP's assistance group.

(F) Requirements for authorized representatives.

(1) The assistance group must provide a written statement naming the authorized representative and the duties which the named authorized representative may perform on the assistance group's behalf.

(2) When written authorization cannot be obtained because of the individual's incompetency or incapacity, the CDJFS may waive the written statement and assist in naming a responsible party to act as authorized representative for the assistance group.

(3) The assistance group is responsible for notifying the CDJFS of any change in the named authorized representative.

(4) When the assistance group has an authorized representative named to act on its behalf, all notices and correspondence issued by the CDJFS on behalf of the assistance group must be issued to both the authorized representative and the

assistance group.

(5) In situations where an authorized representative provides incorrect or fraudulent eligibility information, the assistance group may still be held liable for any overpayments that occur. The authorized representative will be held responsible for overpayments when the authorized representative is the legal guardian or legal trustee for the assistance group.

(6) If it is determined that the authorized representative has given incorrect information intentionally through no fault of the assistance group, a referral shall be made to the county prosecutor to determine if fraud occurred on the part of the authorized representative. If the prosecutor's determination is that the authorized representative committed fraud, the authorized representative may be found liable for the overpayment.

(G)Completion of the application.

(1) The application should be filled out as completely as possible by the PIP or the individual signing and dating the application for the assistance group.

(a) If the application is completed in the CDJFS, the person completing it may not be able to answer all of the questions completely from memory or personal knowledge.

(b) Each question on the application must be completed to the fullest extent possible and any missing information must be supplied during the interview or through the required verifications.

(c) Even though an application may not be complete, it is still considered a formal application on the date that it is submitted with the date and a signature of an individual meeting one of the definitions set forth in paragraph (E)(1) of this rule.

(2) The assistance group and/or authorized representative shall make an accurate and complete disclosure of all information necessary for a determination of eligibility. Such disclosure shall be made at the time of initial application, at reapplication, and within ten days of the date that any change specifically identified in rule 5101:1-2-20 of the Administrative Code occurs.

(3) The assistance group's report of an impending change in circumstances does not negate its responsibility to report any change identified in rule 5101:1-2-20 of the Administrative Code as a reporting requirement within ten days from the date the change actually occurs.

(H)Application date and registration of the application.

(1) The CDJFS must accept the application on the day it is turned in to the CDJFS.

The "date of application" is the date on which a signed and dated JFS 07200 is received by the CDJFS.

(2) When a signed and dated application is received by the CDJFS, the CDJFS shall provide a document that states the application date.

(3) For cases containing multiple assistance group payees, the CDJFS shall give each assistance group signing the application a receipt showing that assistance group's date of application. For applications returned by mail, the receipt shall be provided at the interview.

(4) Upon receipt of a signed and dated application, the CDJFS shall enter the information into CRIS-E.

(5) The date of application shall not be delayed by the CDJFS because of any local office procedure. The date of the face-to-face interview shall not be used to delay the application date.

(6) The assistance group shall be given the opportunity to complete and return the application on the same date the application is requested. When this occurs, the date of application is the same day as the request.

(7) The CDJFS shall advise that the date of the application and the beginning date of benefits are dependent upon the date the signed and dated application is returned to the CDJFS provided all other eligibility factors are met on or before the date received.

(8) When a signed and dated application is returned by mail, the date of application shall be the date the CDJFS receives the application. When the CDJFS receives a signed and dated application from the social security administration, the date of application for all public assistance programs, except food stamps, shall be the date the CDJFS receives the application. All applications received by mail shall be date stamped the day received.

(9) Applications signed through the use of electronic signature techniques or applications containing a handwritten signature and then transmitted by fax or other electronic transmission are acceptable. When an application  is submitted by fax or electronically filed, the date of application shall be the date the CDJFS receives the application.

(I)Role of the CDJFS in completion of the application.

(1) The CDJFS shall help complete the application when assistance is required and no other family member, close friend, authorized representative, or other appropriate individual is available.

(2) When the CDJFS assists or completes an application, the employee of the

CDJFS shall sign his or her name and title/relationship to the assistance group on the application.

(3) A CDJFS employee shall not alter any answers given by the assistance group on the application. The CDJFS employee may assist in completing the application by asking the assistance group for answers needed to complete the application. The CDJFS employee may then mark or fill in the answer on the application.

(4) The normal process of inputting data provided by the applicant during the interview shall not be construed to mean that the CDJFS has assisted with the completion of the application.

(J) The interview requirement.

(1) A face-to-face interview must be scheduled as promptly as possible after the receipt of a signed and dated application to insure that eligible AGs receive an opportunity to participate within the time frames for completion of the application process pursuant to paragraph (M) of this rule.

(2) The assistance group's inability to participate in the interview must be determined by the CDJFS through personal contact. The personal contact need not be face-to-face; a telephone contact, when necessary, may be used. Such personal contact is required before assistance is authorized.

(3) If the primary language of the individual completing the face-to-face interview is not English, the CDJFS shall offer an interpreter at no cost to the individual. The individual shall not be required to provide his or her own interpreter or use a family member, unless they desire to do so.

(4) If the individual who satisfies the face-to-face interview requirement for the assistance group is not an assistance group member (e.g., authorized representative), and the CDJFS questions the information provided by that individual, the CDJFS retains the right to contact the assistance group to clarify the information.

(5) The interactive interview is not complete until the individual has had an opportunity to review a "Printed Copy of the Information (PCI)" provided in the interactive interview. The individual must be given the opportunity to sign the last page of the PCI, indicating that the information is accurate. Failure to sign the PCI shall not be reason to deny or close the assistance group.

(6) The CDJFS shall give a dated receipt for all documents, originals, or copies submitted. When an original document is submitted, the CDJFS shall copy the document and return the original. Every effort must be made to copy the documents prior to concluding the face-to-face interview.

(K)Items to provide at the face-to-face interview.

(1) JFS 08000 "Your Right to Apply, Your Right to a State Hearing and Your Civil Rights" (rev. 02/2004).

(2) "Voter Registration Form" and "Notice of Rights".

(3) JFS 07092 "Notice To Individuals Applying For Or Participating In OWF Concerning Good Cause For Refusal To Cooperate With Securing Child Support" (rev. 11/2001) if applicable.

(4) JFS 07357 "Grant Payment Method Authorization - Mandatory" (rev. 10/1997) or JFS 07344 "Grant Payment Method Authorization - Voluntary" (rev. 11/2000) as appropriate.

(5) A copy of the CRIS-E generated rights and responsibilities page or the JFS 07501 "Your Rights and Responsibilities" (rev. 5/2005).

(L)Responsibility of the CDJFS in the application process.

(1) Assisting in obtaining verification or information if requested by the assistance group;

(2) Gathering medical documentation and referring the case to county medical services if a member of an assistance group has, appears to have, or alleges to have a physical or mental condition which may limit their ability to work pursuant to rules 5101:1-39-03.2 and 5101:1-5-20 of the Administrative Code;

(3) Documenting the eligibility determination in the running record comments;

(4) Determining eligibility as soon as possible after the application requirements are complete.

(M) Time frame for completion of the application process.

(1) The determination of eligibility shall be completed within thirty calendar days from the date of application or earlier if the CDJFS has all required documents to approve or deny the application.

(2) No more than forty-five days may elapse between the date of application and the mailing of a warrant, or the notification of the approval or denial of assistance.

(3) A DFA application awaiting a disability determination may pend up to ninety days before the appropriate approval or denial notice is mailed.

(4) The determination of eligibility for DFA shall proceed concurrently with the determination of disability and shall be completed within forty-five days. The forty-five day standard of promptness may not be used as the basis for any denial.

(5) The time frames may be exceeded in situations where completion of the determination of eligibility is delayed because of circumstances which are considered beyond the control of the CDJFS or assistance group such as:

(a) Failure, with good cause, to secure necessary verifications;

(b) Failure or delay on the part of an examining physician to provide all needed information.

(6) When calculating the thirty, forty-five or ninety-day time periods, the following provisions are applicable:

(a) The initial day is excluded from the computation and the last day is included;

(b) When the last day of the time period falls on a Saturday, Sunday or legal holiday, the time period shall end on the next working day;

(c) This method shall be used in calculating all time periods, unless specified as working days.

(7) If the application pends longer than thirty days, running record comments shall be documented at least every thirty days with the reason for the delay.

(N)Purpose , location, and content of the application interview.

(1) The interview is used to inform the assistance group of all required verifications, the time period in which the verifications must be submitted to the CDJFS, and the responsibility of the CDJFS to assist if help is needed in obtaining any items. The interview is also used to determine if the application has been thoroughly completed and if the information provided accurately represents the assistance group's situation.

(2) The interview will be conducted in the CDJFS offices during normal office hours in most cases. If the interview cannot be conducted in the CDJFS offices during normal office hours, alternative locations and/or hours must be arranged.

(3) If the interview is conducted as a face-to-face interactive interview at the CDJFS, the applicant shall be given the opportunity to review and sign the CRIS-E generated PCI. If CRIS-E is down for an extended period of time, the

JFS 01846, "Case Worksheet - Cash, Food Stamp, and Medical Assistance Interview" (5/2005), and the JFS 07501 shall be used. The JFS 01846 is completed by the worker and the applicant shall be given the opportunity to review and sign the JFS 01846. A copy of the JFS 07501 shall be given to the applicant. The information on the JFS 01846 is then entered into CRIS-E.

(4) If the interview is conducted as a home visit, the CDJFS shall use either remote CRIS-E entry or the JFS 01846. The applicant shall be given the opportunity to review and sign a computer generated PCI or the JFS 01846. If the JFS 01846 is used, a JFS 07501 must be given to the applicant. The information on the JFS 01846 is then entered into CRIS-E.

(5) If the interview is conducted as a telephone interview, the CDJFS shall use either the CRIS-E interactive interview or the JFS 01846 if CRIS-E is down or unavailable. The information on the JFS 01846 is then entered into CRIS-E. The PCI shall be mailed to the client to review, sign and return to the CDJFS. However, failure to sign or return the PCI shall not impact the assistance group's eligibility for cash programs.

(6) Items to cover in the interview.

(a) The eligibility requirements for cash, medical and food stamps, including issuance and use.

(b) All information contained on the JFS 07501.

(c) The required verifications and information that must be provided. This will include a review of those verifications already provided and those verifications remaining to be secured. The CDJFS shall also inform the assistance group of assistance that they can provide in securing the required verifications and information.

(d)The importance of abiding by the time limits for providing the verifications and additional information. The CDJFS shall emphasize that the application cannot be processed until these are submitted.

(e) The joint responsibility for exploring all the factors of eligibility and the circumstances under which the assistance group will be held responsible for presenting records or documents in their possession to support statements.

(f)The consequences for failing to accurately report the circumstances of the assistance group at the point of application and later if the circumstances should change. Possible recoupment of overpayments and/or referral to law enforcement officials for civil or criminal prosecution could result from a failure to fully and honestly report the circumstances at all times.

(g) The availability, purpose, and provision of appropriate social services programs within and outside the agency regardless of an individual's receipt of financial assistance.

(h) The responsibility of the parent for minor children and spouses for each other.

(i) The ability of the assistance group to meet its needs pending the receipt of the first warrant.

(j) The availability of free legal services through legal aid.

(k) For individuals receiving DFA, interim assistance for individuals who have an supplemental security income (SSI) application pending and an explanation of the SSI case management program.

(l) An explanation of eligibility of pregnant minor or minor parent and child to receive assistance as set forth in section 5107.24 of the Revised Code.

(m) An explanation of the self-sufficiency contract (SSC) and the time limit requirements and extensions.

(O)Follow-up after the application interview.

(1) At the interview, the CDJFS shall request any additional verifications or information that is needed in order to process the case. The CDJFS shall use the CRIS-E generated verification checklist (or the JFS 07105 "Application/Reapplication Verification Request Checklist" (rev. 11/2000) if the system is unavailable). The checklist must provide a date for the return of the verifications.

(2) If the verifications or information is not provided by the date indicated on the verification checklist, the CDJFS shall send the CRIS-E generated application follow-up letter (or the county-generated follow-up letter if the system is unavailable). The follow-up letter shall be in writing and shall be mailed or personally delivered no more than twenty days from the date of the application. The follow-up letter shall advise that the CDJFS has not received the required verification or information and that if it is not received within ten days, the CDJFS shall deny the application for OWF, DFA or RCA.

(P) Failure to cooperate in the application process.

Failure to cooperate in the application process and the verification requirements shall result in a denial of the OWF, DFA or RCA application. Failure occurs:

(1) When the information/verification is not provided after the CDJFS properly advised what information/verification is needed to determine eligibility provided no request for assistance in obtaining information/verification is received by the CDJFS; or

(2) When the CDJFS is not given necessary information to assist in obtaining the verification needed to determine eligibility; or

(3) When  the  assistance  group  fails  to  appear  for  a  scheduled  application appointment.

Replaces:                                                     5101:1-2-01, Part of 5101:1-2-10

Effective:                                                     05/02/2005

R.C. 119.032 review dates:                         05/01/2010

CERTIFIED ELECTRONICALLY

Certification

04/22/2005

Date

Promulgated Under:                           119.03

Statutory Authority:                           329.051, 5101.49, 5107.03, 5107.05, 5107.12, 5115.05

Rule Amplifies:                                  329.051, 5101.49, 5107.03, 5107.05, 5107.12, 5115.05

Prior Effective Dates:                         8-1-75, 6/1/76, 7/14/77, 12-31-77, 9-1-82, 11-1-84,

4-1-86, 10-1-87 (emer.), 12-24-87, 4-1-88 (emer.),

6-10-88, 7-1-88 (emer.), 9-1-88, 10-1-88 (emer.),

10-25-88 (emer.), 12-20-88, 12-1-89, 4-1-90 (emer.),

6-22-90, 8-1-90 (emer.), 10-25-90, 1-1-91 (emer.),

2-21-91, 4-1-91 (emer.), 6-1-91, 7-1-91 (emer.),

9-15-91, 10-1-91 (emer.), 12-20-91, 7-1-92, 1-1-93

(emer.), 2-11-93, 3-18-93, 5-1-93, 9-1-93, 1-1-94,

1-1-95 (emer.), 1-1-95, 4-1-95, 7-1-95, 10-1-96,

10-1-95, 10-1-96 (emer.), 10-1-96, 10-1-96 (emer.),

6-1-96 12-15-96, 10-1-97 (emer.), 12-30-97, 7-1-98,

10-1-99, 7-1-00, 8/1/01.