WHAT ARE MY RIGHTS AS A TANF CLIENT WITH DISABILITIES? If you have a disability, or you care for a child or family member with a disability,

Transcription

1 WHAT ARE MY RIGHTS AS A TANF CLIENT WITH DISABILITIES? If you have a disability, or you care for a child or family member with a disability, you have rights under a federal law called the Americans with Disabilities Act (ADA). Under the ADA, The Department of Family and Children Services (DFCS) is supposed to do things to help you with your disability. Even if you aren t receiving SSI benefits, you may still be considered disabled, and you may still be protected by the ADA. These are some examples of what DFCS is supposed to do to help you: Allow you take care of a disabled family member or child in the home as a work activity; Allow you to stay on TANF even though you ve reached your 48-month lifetime time limit. Talk with your doctors and get your medical records; Send you to doctors for medical tests; Refer you to Vocational Rehabilitation Services for testing and treatment; Excuse you from having to find a job; Allow your Personal Work Plan to include meetings with DRS or mental health counseling as work activities; Make sure you can handle the work activities listed in your Personal Work Plan; Allow you to have a Personal Work Plan with less hours or flexible hours; Provide you extra help for childcare, transportation, and other support services; Help you fill out all applications and other documents. WHAT ELSE SHOULD I KNOW ABOUT THE ADA? All people with disabilities are protected by a law called the Americans with Disabilities Act (ADA). The ADA was passed in 1990, and its job is to make sure that people with

2 disabilities have the same access to services, programs and opportunities as people without disabilities. The ADA makes sure that people with disabilities aren t treated unfairly. If you would like more information on what the ADA is, what the ADA does, and what your rights are under the ADA, please visit us at AN EXAMPLE OF WHAT IS NOT SUPPOSED TO HAPPEN UNDER THE ADA: Mary Jones goes to apply for TANF benefits. Mary Jones has a chronic back pain, and trouble standing for long periods of time because of the chronic back pain. DFCS tells Mary Jones that she will have to complete a job search in order for DFCS to process her TANF application. But the job search will require Mary Jones to be on her feet for most of the day, which she cannot do because of her chronic back pain. DFCS tells Mary Jones that she cannot get TANF benefits unless she completes the job search. If she does not complete the job search, Mary Jones cannot have her application processed. The ADA says that Mary Jones cannot be denied access to TANF benefits just because she has chronic back pain. Chronic back pain limits her ability to do certain things, like being on her feet for long periods of time, and counts as a disability. The ADA says that DFCS has to help Mary Jones so that she can have her application processed. DFCS can help her by getting rid of her job search requirement, or by helping her complete her job search. WHAT DOES DISABLED MEAN? You may be wondering what disabled means. The word disabled means that you have a physical or mental impairment that limits you in a major life activity, like eating or taking care of your child. 2

3 Many people who have disabilities have applied for or receive SSI benefits. SSI benefits are given out by the Social Security Administration. You may already know that it can take up to two years to start getting SSI benefits after you apply. In the meantime, many people with disabilities will need another form of assistance, like TANF. You do not have to be receiving SSI in order to be considered disabled. Some people have health problems that are covered by the ADA but are not so severe that they can receive SSI. If you have applied for SSI, you do not have to have heard back yet in order to be considered disabled. You do not have to be in a wheel chair to be considered disabled. You may be considered disabled if you have a physical limitation, like chronic back pain, trouble hearing or trouble seeing, high blood pressure, or diabetes. This is not a complete list of possible physical disabilities. If you would like more information on physical disabilities, please visit us at YOU MAY NOT EVEN KNOW THAT YOU HAVE A DISABILITY. You may be considered disabled if you have a learning limitation, like dyslexia or attention deficit disorder. If you have trouble reading, understanding information, counting change, giving correct change, or following instructions, you may have a learning disability. This is not a complete list of possible learning disabilities. If you would like more information on learning disabilities, please visit us at You may also be considered disabled if you have a mental impairment, like depression or low self-esteem. If you feel sad or hopeless, if you feel guilty or helpless, if you have difficulty concentrating, if you have trouble sleeping, if you have lost your appetite, if you overeat, if you are restless or irritable, or if you have think about death or suicide, you may have a mental health disability. This is not a complete list of possible mental disabilities. If you would like more information on mental disabilities, please visit us at 3

4 WHAT IS TANF AND HOW DOES IT WORK IN GEORGIA? In 1997, Congress replaced the old welfare program with a new welfare program. The old welfare program was called Assistance to Families with Dependent Children (AFDC). The new welfare program is called Temporary Assistance to Needy Families (TANF). In Georgia, the Department of Family and Children Services is responsible for running the TANF program. In Georgia, under AFDC, if you were disabled, and you had a letter from your doctor stating that you were disabled, you were called incapacitated, and you were not required to work. Under AFDC, if you were incapacitated, you could get benefits without working. But, in 1997 Georgia DFCS decided that: 1. People applying for TANF benefits had to complete a job search; 2. People receiving TANF benefits had to work 40 hour a week; 3. People who didn t have to work before were no longer excused from work activities. DFCS did not tell people that if they have a disability, special steps could be taken to help them. WHAT OTHER CHANGES TO WELFARE POLICY DID GEORGIA DFCS MAKE IN 1997? In 1997, Georgia DFCS made a lot of changes to the welfare program polices. The following is a list of some of those policies: 4 Year Lifetime Time Limit (48 months) which means that you can only receive benefits for 4 years. People who are disabled can have their lifetime time limit extended beyond 48 months by asking for a hardship extension. 4

5 Job Search which means that when you apply for benefits, you have to complete a job search. If you don t complete a job search, DFCS won t process your application. Personal Responsibility Plan which means you have to agree to do certain things, like get your high school diploma. If you don t agree to do those things, you can t get benefits. Personal Work Plan which means that you have to agree to do certain things, like work 40 hours a week. If you don t agree to do those things, you can t get benefits. YOUR PERSONAL RESPONSIBILITY PLAN AND YOUR PERSONAL WORK PLAN ARE SUPPOSED TO TAKE INTO ACCOUNT YOUR DISABILITY AND MAKE CHANGES IN YOUR PLANS. WE WILL TALK MORE LATER ABOUT HOW TO MAKE SURE THAT YOUR PLANS REFLECT YOUR DISABILITY. Work Requirement which means DFCS usually requires people to work 40 hours per week in a work activity. Sanctions which means that if you don t do everything that DFCS laid out in the PWP or PRP, your benefits can be reduced or cut off completely. HOW DOES THE ADA APPLY TO TANF PROGRAMS? WHAT WAS DFCS SUPPOSED TO DO UNDER THE ADA? The Americans with Disabilities Act (ADA) applies to all TANF programs. When Georgia DFCS began its TANF program, it was supposed to: Protect people with disabilities; 5

6 Make sure that people with disabilities could get benefits; Make sure that people with disabilities could take part in programs and services offered by TANF; Make sure that people with disabilities understood their rights. WHAT HAPPENED AFTER 1997? DID GEORGIA DFCS ACTUALLY COMPLY WITH THE ADA WHEN RUNNING THE TANF PROGRAM? In Georgia, DFCS didn t set up the TANF program the right way. For example, Georgia DFCS didn t train its TANF employees until late summer of 2001, and Georgia DFCS didn t have a written ADA policy for its employees until Georgia DFCS was supposed to make certain changes so that people with disabilities were treated fairly. Georgia DFCS was supposed to change its TANF program policies so that people with disabilities didn t have to work or do other things, in order to get benefits, that their disabilities wouldn t allow them to do. But, Georgia DFCS didn t get around to making those changes. So, starting in January of 1997, when AFDC ended and TANF began, a lot of people with disabilities in Georgia couldn t do the work DFCS was asking them to do. When they couldn t do what DFCS asked them to do, like working 40 hours a week, or completing a job search, they were often denied benefits, cut off from benefits, or punished by having their benefits reduced. If you were denied benefits, cut off, or had your benefits reduced under Georgia s TANF program, and you have a disability, you are protected by the ADA, and you have rights. You may be able to reapply for TANF benefits even if you were cut off. I am going to go through your rights with you, step by step. 6

7 WHAT CAN I EXPECT WHEN I APPLY FOR TANF BENEFITS? df DFCS When you walk through the door of the TANF office, which is located in the Department of Family and Children Services (DFCS) office, here are some possible things that will immediately happen: 1. DFCS may tell you that you have to return on another day to fill out an application. This is called diversion. If you have a disability, DFCS cannot force you to return on another day to fill out an application. You have the right to fill out the application on the day that you go to apply for TANF. 2. DFCS may tell you that you have to apply for other benefits, like SSI, before you can apply for TANF. If you have a disability, DFCS cannot force you to apply for other benefits before applying for TANF. You do not have to apply for SSI benefits to get TANF. 3. DFCS may ask you to attend a TANF orientation session, or DFCS may ask you to return another day to attend a TANF orientation session. In the orientation session, you will find out what you need to do in order to start getting benefits. If you have a disability, and you need 7

8 accommodation in order to attend the orientation, DFCS must provide you with accommodation. For instance, if you need something to help you hear the presentation, DFCS must provide it. If you need transportation to orientation because of your disability, DFCS must provide it. WHAT IS THE FIRST STEP IN THE APPLICATION PROCESS? Once you are in the door, before you have even begun the application process for getting TANF benefits, DFCS may ask you some questions. This is called an initial screening. Each DFCS office will do things differently, but usually DFCS will ask you some questions before you start filling out the application. DFCS is supposed to try to determine if you have a disability so that they can help you with other steps in the process if needed. Here is what DFCS can and cannot do during the screening process, and what you can request during the screening process: SCREENING DFCS may ask you some questions to determine whether you have a disability. DFCS has to explain your rights under the ADA to you, and give you an ADA form to sign. DFCS must make clear that the purpose of the questions is to determine whether you will need additional help gathering documents, whether you will need support services, and whether DFCS has to get rid of time limits and other things for you. DFCS is supposed to ask you questions like: Do you have any trouble reading or writing? Do you have any trouble understanding what you read or hear? Did you receive special education services while in school? If so, what were they? DFCS is supposed to ask you about your prior education and employment. DFCS should tell you about any possible disabilities that will require them to help you. 8

9 DFCS should tell you about the services they have for helping you find and keep a job. DFCS is supposed to give you plenty of opportunities to tell them about any disabilities or possible disabilities that you may have, or that a child or family member who you are caring for may have. You do not have to tell DFCS that you have a disability if you do not want to. But, if you don't tell DFCS about your disability, then they aren t going to know that you may need extra help or that they may have to change their rules for you. And, it may be harder for you to keep your TANF benefits if DFCS doesn t provide you with that help because DFCS will think that you should be able to follow the tough rules that they make others follow. You can request to be screened for disabilities if DFCS doesn t screen you. WHAT HAPPENS ONCE I COMPLETE THE INITIAL SCREENING? Once you have completed the initial screening, DFCS may want to ask you more questions to determine your abilities, disabilities, and barriers to work. This is called an assessment. DFCS will probably tell you that you have to make an appointment with the Department of Rehabilitation Services (DRS) so DRS can ask you a lot of questions. If DFCS tells you that you have to go to DRS to answer questions, then DFCS has to set up transportation to and from the DRS office for you. DFCS also has to set up childcare for you. Sometimes, it can take DRS more than a day to finish asking you questions, which means that you may have to make more than one trip to the DRS office. You may also have to wait at the DRS office for several hours before they start asking you questions. If you cannot go to the DRS office, or you cannot sit for long periods of time, tell your DFCS worker. DRS can come to you if you need them to, or can make other plans. 9

10 This is what the DRS worker can and cannot do when asking you questions, and what you can ask for when they ask you questions: ASSESSMENT The DRS worker must explain to you that answering the questions is entirely voluntary. The DRS worker must explain the purpose of the questions to you, and tell you why it can help you. The DRS worker must present the information in a way that you can understand. The DRS worker is supposed to ask you about your job history and your skills history. The DRS worker should ask you about any learning, physical, or mental disabilities that you may have. The DRS worker is supposed to tell you about the different kinds of disabilities, and what special help they can give you and for your disabilities. The DRS worker should tell you about how they can help you find and keep a job. You can refuse to answer the questions. If you do not want to answer the questions, you don t have to. But remember that DFCS can t help you with your disabilities or change their tough rules for you if you don t tell them about your disabilities. You can request an assessment at any point in the TANF process. If you are already receiving benefits, and you think you have a disability, you can request an assessment. You can ask DFCS to help you because of your disability during the assessment, like shortening waiting times for appointments. You can request physical help, like a hearing aid, in order to answer the questions. You can request useable transportation and childcare if you have a disability. 10

11 Here are some examples of what should not happen during assessment: Mary Jones was getting TANF benefits, and was told by DFCS that she had to go to DRS to answer some questions. Mary had very bad arthritis, and the DRS office had the air conditioning on full blast that day, so it was very cold in the office. Mary had to be in the office all day to finish answering questions, and the cold made her arthritis flare up, causing her to be in a lot of pain. Finally, she had to leave because she was in so much pain that she could not complete the assessment. DRS should have helped Mary by turning the air conditioning off, or rescheduling the appointment on a day that her arthritis was not flaring up. But it is possible that DFCS could not figure this out without some help from Mary. If DFCS had no reason to suspect that Mary had a problem and she never told them, then it is hard for them to help. So, it is important to tell DFCS as much as you can about your disabilities so that they can help you. Susan Smith was also on TANF. She had chronic back pain and lived 50 miles from the nearest DRS office. DFCS told Susan that she had to go to DRS to answer questions, but Susan could not go because she was unable to sit in the car for the hour that it would take to get to the DRS office. Even if she could have ridden to the DRS office, Susan would not have been able to sit in the meeting all day long because of her back pain. DFCS should have contacted DRS and asked DRS to come to Susan instead of making her go to them. DRS agents participate in circuit rides in which they travel to counties that don t have their own DRS office. For TANF clients who can t travel, this is sometimes the only way that an assessment can be completed. DFCS must help you if they refer you to another agency, like DRS. 11

12 HOW CAN I COMPLETE THE APPLICATION PROCESS FOR TANF BENEFITS IF I HAVE A DISABILITY? WHAT DOES DFCS HAVE TO DO WHEN I APPLY FOR BENEFITS? People with disabilities have the same right to TANF benefits as people without disabilities. People with disabilities should also have the same opportunities to participate in TANF programs and services as people without disabilities. It is DFCS s job to make sure that you have equal access to all TANF benefits, services, and programs. Even if you can t work, you can still get TANF benefits. If you can t work, you can demand access to other opportunities, like education and training programs. If you can work, but you need extra help, DFCS can provide that for you. If DFCS gives you an application to fill out, there are certain things you can ask for to help you in filling out the application. APPLICATION PROCESS: If you have trouble filling out the application, DFCS must help you. You can request that a family member or family friend come with you to help you fill out the application and to explain the information to you. You can request things like a hearing aid or a sign language interpreter if you have trouble seeing, hearing, or talking, and you need help. If you cannot come into the DFCS office, you can request that an application be sent to your home. If you cannot come into the DFCS office, and you need help filling out the application, you can request that a DFCS worker come to your home to help you. You can request transportation to the DFCS office to fill out the application if you do not have another means of transportation because of your disability. 12

13 WHAT WILL I HAVE TO DO AFTER I HAVE COMPLETED THE APPLICATION? Some DFCS offices will require you to complete a job search as part of your TANF application. The job search usually requires you to make 8 job contacts per week for 3 weeks. If you do not complete a job search, DFCS usually will not process your application and you will be denied benefits. This is what DFCS can and cannot do during the job search, and what you can request during the job search: JOB SEARCH You can request that DFCS stop the job search at any time because of your disability. DFCS cannot require you to do a job search if you are physically or mentally unable to because of a disability. You can ask for a screening prior to the job search so that DFCS can figure out if you have a disability that will prevent you from doing the job search. DFCS must make changes to the job search if you cannot complete the job search. For Example: If you have a disability and, because of that disability, you fail to make 8 job contacts in the first week, but you do make 5 job contacts, then DFCS should modify your job search requirement so that you only have to make 5 contacts for the 2 remaining weeks. If you can make 8 job contacts, but it takes you longer than a week to do it, then DFCS should extend your time limit for job search from 3 weeks to 5 weeks. If DFCS tells you that they will not require you to do a job search because of your disability, but you want to try to make the contacts anyway, DFCS must let you. But DFCS should also let you stop the job search at any point if you decide that you can t complete the job search. 13

14 DFCS must provide you with childcare during your job search. DFCS must provide you with $3.00 a day for transportation during your job search. If $3.00 a day is not enough because of your disability, then you can demand more transportation money from DFCS. You can also ask DFCS to set up transportation for you if your county does not have public transportation that you can use because of your disability. You can ask for help in filling out the job search forms. You can ask DFCS to give you something, such as a hearing aid, to help you make job contacts. You can request that your application be processed before you complete the job search. WHAT IF I WAS TURNED DOWN FOR TANF BENEFITS BECAUSE I COULD NOT COMPLETE EITHER THE APPLICATION OR THE JOB SEARCH? Anytime you are applying for TANF, and you can t do something because of a disability, and DFCS tries to deny your application, you have basic rights. The Americans with Disabilities Act says that TANF applicants with disabilities have to have equal access to TANF benefits and services as TANF applicants without disabilities. This means that DFCS is required by a Federal law to do certain things to make sure that you have a fair chance at completing the application, completing the job search, and having your application approved. The following is a checklist for making sure that you were not wrongly denied TANF benefits because of your disability: Did DFCS help you with the application process? 14

15 Did DFCS provide you with things to help you see, hear, or speak better? Did DFCS help you fill out forms when necessary? Did DFCS provide you with notice of what was required of you? Did DFCS allow you to bring a translator, a family member, or another aide to help you fill out the application and other forms? Did DFCS provide you with an ADA notice to sign? Did DFCS explain your rights to you under the ADA? Were the forms and application easy to understand? Did DFCS explain information to you in a way that you could understand? If you couldn t understand the information, did DFCS try to explain the information to you in another way. For Example: If you have trouble understanding written information, did DFCS read the information to you? And did DFCS explain what it meant? If you have trouble listening, did DFCS use things that you can see, like a chart, to help explain the information to you? Did DFCS explain that you do not have to tell them that you have a disability? Did DFCS also explain why it could be helpful for you to tell them? Did DFCS help you obtain medical records and documentation of your disability? Did DFCS help you obtain required forms and documents, like a social security card? Did DFCS make changes to the application process to accommodate your disability? For Example: If you could not fill out the forms on your own, did DFCS allow you to bring a family member or friend to help fill out the forms or did DFCS help you fill them out? If you could only make 4 job contacts a week, did DFCS modify your job search terms so that you could fulfill them? 15

16 If you failed to turn in a form by the due date, did DFCS extend your deadline? Did DFCS arrange useable transportation for you? Did DFCS arrange childcare for you when needed, such as during the job search? Did DFCS ask you questions about your disability to learn what problems you may have that could affect your ability to work? Did DFCS refer you to the Department of Rehabilitative Services to answer questions? Did DFCS help set up transportation and childcare so that you could go the DRS office? Did you go to the DRS office for assessment? If not, why didn t you go? If not, what did DFCS do when you failed to go to DRS? Did DFCS get rid of your job search requirement because of your disability? Did DFCS modify your job search requirement because of your disability? If you told DFCS about your disability, did they get rid of your job search requirement and approve your application? DFCS cannot deny you access to TANF benefits, services, and opportunities simply because you have a disability. If you need help completing the application, DFCS has to help you. If you need help completing the job search, DFCS has to help you. If DFCS does not help you, and you are denied benefits, you can request a fair hearing and reapply for benefits. It is important to tell DFCS about your disability as early as you can and whenever you think that they are telling you to do something that you don t think you can do because of your disability. 16

17 WHAT HAPPENS ONCE MY APPLICATION IS APPROVED AND I START GETTING TANF BENEFITS? The ADA still protects you even after you start receiving TANF benefits. Once you have been found eligible for TANF benefits, you will be asked to sign a Personal Responsibility Plan (PRP). You and your DFCS worker will decide on the terms of the PRP together. DFCS is supposed to ask you a series of questions so that the worker can figure out what should go into your plan. The Personal Responsibility Plan lists the things you have to do in order to get TANF benefits. If you fail to do any of the things listed on your PRP without good reason (good cause), DFCS may reduce or cut off your benefits. This is what DFCS can and cannot do when making the PRP, and what your can ask DFCS to do: PERSONAL RESPONSIBILITY PLAN DFCS can require you to complete a Personal Responsibility Plan. DFCS cannot make you agree to do something in your PRP that you cannot do. For Example: If you have a weekly Alcoholics Anonymous meeting on Tuesday nights, the DFCS worker cannot require you to go to a vocational program that meets at the same time. If you have a learning disability that makes it hard for you to concentrate for long periods of time, then DFCS cannot require you attend an educational program that meets for 6 hours at a time. 17

18 DFCS should use the results of the questions they ask you when making the PRP. If you have a disability and need DFCS to help you or make changes for you, then DFCS is supposed to write that on your PRP form. For Example: If you have trouble hearing and you will need a hearing aid in order to attend parenting programs, then DFCS should make note of that right on your PRP. If your PRP requires you to attend Adult Basic Education classes during the day from 9:00 a.m. until 5:00 p.m., but your kids arrive home from school at 3:00 p.m., then DFCS has to write into your PRP what they will do to arrange childcare while you are in class. DFCS cannot leave it up to you to set up childcare. If your PRP requires you to attend parenting classes but you have no form of transportation, DFCS must write into your PRP what they will do to help you arrange transportation. DFCS cannot leave it up to you to set up transportation. DFCS should change your Personal Responsibility Plan if they think, from asking you questions, that you have a disability. The changes should help to make it possible for you to meet Georgia s rules. This includes changing the rules so they work better for you. It also includes giving you the extra help you need so that you can benefit from the program. DFCS is supposed to write on your PRP form what DFCS will do to help you with transportation and childcare to enable you to do the things listed on your PRP. You can ask DFCS not to complete the PRP until after the initial screening. You can ask DFCS update your PRP as necessary to reflect your abilities and disabilities. 18

19 WILL I HAVE TO WORK IF I HAVE A DISABILITY? Georgia s TANF program requires people to work in order to receive benefits. Most people cannot get benefits if they do not work. The only people who are automatically exempt from having to work are mothers with children under the age of 12 months. Usually, the work requirement means that you have to work 40 hours a week. But, if you have a disability, DFCS has to help you by modifying your work terms. You may still have to work, but DFCS has to help you so that you can do the work. Work does not mean that you have a job. Work means work activities. Work activities can include community service, educational programs, training programs, caring for a disabled child or family member, and counseling, to name a few. This is what DFCS can and cannot ask you to do in your work requirement, and what you can request in your work requirement: WORK REQUIREMENT DFCS cannot place you in a job that will make your disability worse. DFCS cannot place you in a job that you will not be able to do because of your disability. If DFCS says that you don t have to work because of a disability, then DFCS must provide you with other opportunities like education and training. You can request that DFCS get rid of your work requirement because you have a disability. You can request that DFCS get rid of your work requirement because you care for a child or family member with a disability. You can request that taking care of a child or family member with a disability who needs constant care count as a job activity. This is called community service in the home. Normally, DFCS will count the time that you spend caring for your child with a disability as 19

20 meeting the full amount of time they would require you to work. You can request that your work requirement be modified because you care for a child or family member with a disability. For Example: If you care for a child with a learning disability that requires you to take him to tutoring after school, you can request a part time work schedule to allow you to work while he is in school, and take him to tutoring after work. If you care for a child with a behavioral disorder that causes him to get into fights, get sent home from school, or stay home from school frequently, then you can request a flexible work schedule. DFCS must take into account that you care for a disabled child, that you will need to be able to leave work to care for him, and that you will need a flexible work schedule. DFCS must also make sure that the people at the work activity site understand your situation and can accommodate your needs. You can request that your work requirement be modified because you have a disability. For Example: If you suffer from depression, you take medication to treat the depression that makes you very tired, you can request a part-time work schedule so you can rest. If you suffer from sickle cell anemia, and you have occasional attacks and have to be hospitalized, you can request a flexible work schedule that will allow you to take time off from work activities when you are sick and in the hospital. 20

21 You can request that community service count towards the 40- hour workweek. You can ask DFCS to make changes for you in the work place to make work possible. For Example: If you have back pain, you can request a special chair. DFCS must make arrangements with the work activity site, whether a classroom or an office, to accommodate your disability. If you have vision problems, you can ask for a modified workstation. DFCS must help you by making chances so that you can participate in and benefit from work activities. HOW WILL I KNOW WHAT KIND OF WORK ACTIVITIES I HAVE TO DO? All of the things you have to do for work will be written up in the Personal Work Plan. In order to receive benefits, you will be asked to fill out a Personal Work Plan (PWP). If you fail to do any of the things listed on your PWP, TANF may reduce you or cut off your benefits. Sometimes you won t realize that you can t do something until after you ve signed the form saying that you agree to do it. If that happens, go back and tell DFCS, explain why your disability keeps you from doing what you said you would, and ask DFCS to change your plan. Your PWP must be realistic and workable. It cannot ask you to do things that you cannot do because of a disability. You should have a say in what goes into the PWP, and you should not sign the PWP if it does not reflect your abilities and disabilities. Also, when 21

22 you sit down with your DFCS worker to fill out the PWP, you should tell her if there is a particular training, educational, or work opportunity that you are interested in. You should ask that educational and training opportunities to count towards your work requirement. DFCS is supposed to give you a copy of the PWP. If you do not have a copy of the Personal Work Plan, you should make DFCS give you a copy. This what DFCS can and cannot do when making the PWP, and what you can request of your PWP: PERSONAL WORK PLAN DFCS can make you fill out a Personal Work Plan. DFCS cannot make you agree to do something in your Personal Work Plan that you cannot do because of your disability. For instance, if you cannot work for more than a few hours at a time, your PWP cannot require you to work for 8 hours at a time. DFCS should use the answers to the questions they ask you when making the PWP. DFCS is supposed to change your Personal Work Plan if your answers to the questions they ask you say that you have a disability. You can request that the PWP not be completed until after the first series of questions. You can request that the PWP be updated as necessary to reflect your abilities and disabilities. You can ask DFCS to help you so that you can do the things your PWP asks you to do. For Example: If you are nervous around large groups of people, you can request not to work in an office with a lot of people in it. If you have severe asthma or allergies, you can request not to work outdoors or in dusty places, like factories. 22

23 If you have trouble remembering written information, then you can request that DFCS make changes at the work activities site so that you can have access to other forms of information, like verbal information. If you use a wheel chair, you can ask DFCS to make sure that the work activities site has ramps and adjustable height tables. DFCS has provide these things for you.. If you need help, your TANF case worker must help you if you are disabled. Ask your DFCS caseworker to make the necessary changes so that you can get TANF. WHAT IF DFCS REDUCED OR TERMINATED MY BENEFITS? Anytime you are getting TANF benefits, and you can t do something that DFCS tells you to do because of a disability, and DFCS tries to reduce or terminate your benefits, you have basic rights. The Americans with Disabilities Act says that DFCS has to give TANF recipients with disabilities the same opportunity to participate in and benefit from TANF programs and services as TANF recipients without disabilities. This means that DFCS is required, by a Federal law, to do certain things to make sure that you have a fair chance at 23

24 doing the things in your Personal Work Plan and in your Personal Responsibility Plan, and at doing all of the other things DFCS asks you to do. The following is a checklist for making sure that you were not wrongly punished or cut off from TANF benefits: Did DFCS give you notice that your benefits were going to be reduced or cut off? Did the notice tell you why DFCS was taking the action? Was the notice written in a way that you could understand? Were you unable to perform certain jobs or fulfill certain terms? For Example: You may suffer from lupus, and the lupus may cause you to have to stay in bed several times a month. You may not be able to do all the things in your Personal Responsibility Plan, like attending monthly meetings with DFCS, because of your illness. If you miss a meeting with DFCS because you cannot get out of bed as a result of your illness, DFCS cannot cut off your benefits for noncompliance. It will make things go more smoothly if you tell DFCS why you couldn t keep the appointment. You may suffer from sickle cell anemia, and you may be periodically unable to work for weeks at a time. You may not be able to do all the things in your Personal Work Plan because of your illness. If you fail to attend work activities because of your sickle cell anemia, DFCS cannot cut off your benefits for that. You may suffer from mild mental retardation, and you may be unable to arrange transportation on your own to get back and forth to appointments. You may miss an appointment with DRS. If you fail to attend appointment because of your mild mental retardation, DFCS cannot cut off your benefits for noncompliance. Did DFCS properly screen you before making a Personal Responsibility Plan or Personal 24

25 Work Plan? When you failed to do something, did DFCS ask you questions about why you failed to do it? Did DFCS place you in a job or program that you could not do? Did DFCS help you by providing additional help, like transportation and childcare? Did DFCS make changes to terms so you could do what they asked you to do? Did DFCS make the changes that they needed to at the work site, or in the education or training program? Did DFCS contact you before cutting you off from benefits? Did DFCS ask if you had a good reason (good cause) for not doing what they asked you to do, such as attending work or an appointment? WHAT CAN I DO IF DFCS REDUCED OR TERMINATED MY TANF BENEFITS? You cannot be cut off from TANF just because you are disabled and cannot work, or because you are caring for a family member or child with a disability. You have the right to a fair hearing, you have the right to demand back benefits, and you have the right to demand the reinstatement of TANF benefits. If DFCS has threatened to cut you off or has cut you off: Demand an APPEAL. An APPEAL means you ask DFCS for a FAIR HEARING. In order to APPEAL, fill out the form on the back of your DFCS Summary Notification Form or write a letter to DFCS stating that you appeal, and list the reasons why. 25

26 You must APPEAL within 10 days in order to keep getting TANF benefits while the appeal is going on. Otherwise, you have 30 days to APPEAL. Keep a copy of the APPEAL for yourself, and have DFCS worker who takes the APPEAL sign and date your copy so that you can prove that you turned it in on time. Turn in your written APPEAL to the DFCS office as soon as you can. You can go to the DFCS office and REAPPLY for benefits before the hearing is over. Even if you have used up your 48 months of TANF, and DFCS cut you off for meeting the lifetime time limit, you may still be able to get TANF benefits. Georgia DFCS has certain HARDSHIP EXTENSIONS that you can get if you have good reason. One of those reasons is disability. If you are disabled, or you care for a child or family member who is disabled, and you got a notice telling you that you could no longer get benefits, you can REAPPLY at your local DFCS office. Tell them you want a HARDSHIP EXTENSION, and tell them why. If you need help requesting a FAIR HEARING, requesting a HARDSHIP WAIVER, or REAPPLYING for benefits, you can contact Georgia Legal Services Program or Atlanta Legal Aid for help. Call 1(800) for the nearest Georgia Legal Services office, and (40) for the nearest Atlanta Legal Aid office. WHAT ELSE CAN I DO IF DFCS HAS CUT OFF MY TANF BENEFITS? If DFCS has cut off your TANF benefits, or won t provide you with the help you need because of your disability, and DFCS won t help you by granting you a fair hearing, and you 26

27 think your disability is involved, you have a right to file an ADMINISTRATIVE COMPLAINT with the Federal Department of Health and Human Services Office for Civil Rights. You can contact them at: Office for Civil Rights-Region IV Sam Nunn Atlanta Federal Center 61 Forsyth Street, S.W., Suite 3B70 Atlanta, GA WHAT IF MY TANF BENEFITS WERE CUT OFF A LONG TIME AGO? Because Georgia DFCS didn t do what it was supposed to do when it first began the TANF program, The Federal Government has told Georgia DFCS to identify all those clients who were cut off from TANF, review their cases, and issue back benefits to them if they were cut off because they could not do something DFCS asked them to do because of a disability. One former TANF client in Baldwin County was able to get almost $9, in back benefits, and other former TANF clients have gotten back benefits as well. If you were cut off from TANF or turned down for TANF after January of 1997 because you were unable to do something DFCS asked you to do and you have a disability that prevented you from complying, you may be entitled to back benefits. You should contact Doretha Watkins at (404) , and Georgia Legal Services at 1(800) You can also contact Georgia Legal Services if you are interested in applying for SSI benefits. If you have access to a computer, you can go to the Georgia Legal Services Web Site for more information on your rights as a TANF recipient with a disability. 27

28 28