5101:1-2-10 The reapplication requirement.

 

 

 

5101:1-2-10                 The reapplication requirement.

 

 

 

(A)  What is the reapplication process?

 

The reapplication process is a periodic review and confirmation that the assistance group continues to meet all of the eligibility requirements of the program under which benefits are being issued.

 

(B)  When is a reapplication of eligibility required?

 

(1)   Every twelve months for disability financial assistance (DFA) and Ohio works first (OWF) assistance groups not included in paragraph (B)(2) of this rule.

 

(2)    OWF assistance groups under a three-tier sanction who sign the JFS 03804 "Ohio Works First/Food Assistance Sanction Compliance Agreement" (rev. 8/2013) or the client registry system-enhanced (CRIS-E)statewide automated eligibility system generated equivalent form and if it is received by the county agency on or before the last day of the sanction period as set forth in rule 5101:1-3-15 of the Administrative Code are not required to complete a reapplication.

 

(3)   Six months for refugee cash assistance groups.

 

(4)   Four, five, six or twelve months for DFA or OWF assistance groups who are:

 

(a)     Expecting a change that would make them ineligible to receive cash assistance;

 

(b)   Migrant farm workers; or

 

(c)   Homeless.

 

(5)   Twenty-four months for child only assistance groups receiving OWF.

 

(6)   The inability to complete the reapplication within the prescribed length of time shall not interfere with the prompt payment of benefits or be the basis for termination unless the assistance group fails to cooperate with the reapplication.

 

(C)  What is the responsibility of the county agency in the reapplication process?

 

The county agency is responsible for:

 

 

 

(1)   The county agency is responsible for:Conducting an interview;

(a) Conducting an interview;

(b) Informing   the   assistance   group   of   its   required   involvement   and cooperation in the reapplication process;

(c) Providing assistance in securing verifications and completing the voter registration forms if requested;

(d)Providing an interpreter at no charge to assistance groups with limited English proficiency;

(e) Obtaining verification of information, which is new, has changed or is subject to change;

(f)Reviewing basic eligibility factors and explaining rights and reporting responsibilities;

(g) Gathering medical documentation and referring the case to the disability determination unit 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 and 5101:1-5-20 of the Administrative Code;

(h) Completing the reapplication in a timely manner;

(i) Updating all files upon completion of the reapplication process.

(j) Complying with rule 5101:9-2-02 of the Administrative Code and the Americans with Disabilities Act (ADA) plan adopted by the county agency in accordance with rule 5101:9-2-02 of the Administrative Code. This includes, but is not limited to, providing the assistance group with an explanation of their rights under the ADA and offering additional screening to any work eligible individual that discloses, has, or appears to have a physical or mental condition that substantially limits one or more major life activities.

(2) Informing the assistance group of its required involvement and cooperation in the reapplication process;

(3) Providing  assistance  in  securing  verifications  and  completing  the  voter registration forms if requested;

(4) Providing an interpreter at no charge to assistance groups with limited English proficiency;

(5) Obtaining verification of information that is new, has changed or is subject to change;

(6) Reviewing  basic  eligibility  factors  and  explaining  rights  and  reporting responsibilities;

(7) Requesting a current medical statement in accordance with rule 5101:1-5-20 of the Administrative Code from a member of an assistance group not already in receipt of DFA and who is now alleging to be unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than nine months;

(8) Completing the reapplication in a timely manner;

(9) Ensuring that when the individual continues to meet all other DFA eligibility requirements as described in Chapter 5101:1-5 of the Administrative Code, the county agency shall continue DFA eligibility for the individual while the continuing disability review is ongoing;

(10) Updating all files upon completion of the reapplication process; and

(11) Complying with rule 5101:9-2-02 of the Administrative Code and the Americans with Disabilities Act (ADA) (1990) plan adopted by the county agency in accordance with rule 5101:9-2-02 of the Administrative Code. This includes, but is not limited to, providing the assistance group with an explanation of their rights under the ADA and offering additional screening to any work eligible individual that discloses, has, or appears to have a physical or mental condition that substantially limits one or more major life activities.

(D)  How is a reapplication completed?

(1)      The county agency shall conduct a reapplication with a member of the assistance group or its authorized representative through:

(a)   Telephone interview; or

(b)   Face-to-face interview.

(2)   Telephone interview

(a)      A telephone interview may be conducted instead of a face-to-face interview.

(b)   The county agency does not need to determine whether a hardship exists.

(c)   The telephone interview notice shall be mailed in advance with the date, time and telephone number that the county agency worker will use to contact the assistance group.

(d)      The county agency worker will gather the same information and verifications and take the same actions during the telephone interview as during a face-to-face interview.

(e)    Once completed, the county agency worker shall provide the assistance group the following documents:

(i)     JFS 07501 "Program Enrollment and Benefit Information" (rev. 7/2014)(rev. 11/2014);

(ii)     JFS 07204 "Request to Reapply for Cash and Food Assistance" (rev. 1/2013); and

(iii)    JFS 07217 "Voter Registration Notice of Rights and Declination" (08/2009)(8/2009) or the CRIS-Estatewide automated eligibility system generated equivalent.

(f)      For client registry information system enhanced (CRIS-E)statewide automated eligibility system purposes, the signature date is the date that the county agency receives the signed JFS 07204.

(g)    To expedite the reapplication process, the county agency may send the documents identified in paragraph (D)(2)(e) of this rule with the interview appointment letter.

(h)    The reapplication is not considered complete until all of the required documents are returned by the assistance group excluding the JFS 07501 and the JFS 07217 which are not required to be returned. This includes all of the documents listed on the JFS 07105.

(3)   Face-to-face interview

(a)   The county agency shall conduct a face-to-face interview if:

(i)       The  assistance  group  or  authorized  representative  requests  a face-to-face interview;

(ii)    The assistance group or authorized representative does not have a telephone; or

(iii)   The county agency worker determines that it is appropriate in order to resolve eligibility determination issues for the assistance group.

(b)   If the reapplication interview is conducted as a face-to-face interview, the provisions set forth in paragraphs (D)(2)(e) and (D)(2)(h) of this rule are applicable, with the exception of the completion of the JFS 07204.

(c) If the reapplication interview is conducted as a face-to-face interview at the county agency, the recipient shall be given the opportunity to review and sign the CRIS-E generated printed copy of the information (PCI).

(4)   Availability of CRIS-Ethe statewide automated eligibility system

(a)       If CRIS-Ethe statewide automated eligibility system is down or unavailable for an extended period of time, the JFS 01846, "Case Worksheet: Cash, Food Stamps and Medical Assistance Interview" (rev. 05/2005)(rev. 5/2005) shall be used.

(b)    The JFS 01846 is completed by the worker and the recipient shall be given the opportunity to review and sign the JFS 01846. The information on the JFS 01846 is then entered into CRIS-Ethe statewide automated eligibility system at a later date.

(E)  What is considered a failure to cooperate in the reapplication process?

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

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

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

(3)     When the assistance group fails to participate in a scheduled reapplication interview.

(F)   Reinstatement of benefits

(1)      County agencies can reinstate benefits for assistance groups that have terminated for failure to provide required verifications or take a required action.

(2)   The county agency shall reopen an assistance group that has been proposed for termination without requiring a new application when the required verifications are provided or actions are taken within thirty days of the benefit termination date.

(3)    The county agency shall prorate the assistance group's benefits beginning the day the verifications were received or the action was taken.

(4)   The assistance group has the option to refuse the pro-rated benefit.

Effective:                                                             10/01/2016

Five Year Review (FYR) Dates:                         10/01/2019

CERTIFIED ELECTRONICALLY

Certification

09/19/2016

Date

Promulgated Under:                           119.03

Statutory Authority:                           5101.02, 5101.49, 5107.03, 5107.05, 5115.05

Rule Amplifies:                                  5101.02, 5101.49, 5107.05, 5107.16, 5115.05

Prior Effective Dates:                         8/1/75, 10/1/75, 12/31/77, 9/1/82, 9/24/83, 8/1/84,

10/20/84, 11/1/84, 12/1/84 (Emer.), 2/10/85, 8/1/86

(Emer.), 10/3/86, 10/1/87 /(Emer.), 12/24/87, 4/1/88 (Emer.(, 6/30/88, 7/1/88 (Emer.), 9/1/88, 9/24/88, 10/1/88 (Emer.), 12/20/88, 12/1/89, 4/1/91 (Emer.),

6/1/91, 10/1/91 (Emer.), 12/1/91, 4/1/92, 7/1/92,

1/1/93, 5/1/93, 3/1/94 (Emer.), 4/18/94, 1/1/95, 7/1/95,

5/1/97, 10/1/97 (Emer.), 10/30/97, 7/1/98, 10/1/99,

5/4/00, 5/2/05, 7/1/08, 5/1/09, 1/1/10, 4/1/10, 7/1/11,

10/1/14