1. No category

State of Florida
Department of Children and Families
Jeb Bush
Governor
Lucy D. Hadi
Secretary
MEMORANDUM
DATE:
September 2, 2005
TRANSMITTAL NO: C-05-09-0009
TO:
District Economic Self-Sufficiency Services
Program Administrators (1-4, 7-15)
Suncoast Region Economic Self-Sufficiency Services
Program Administrator
FROM:
Jennifer Lange, Chief, Program Policy (Signature on File)\
SUBJECT:
Obviously Mentally or Physically Unfit for Employment
The purpose of this memorandum is to clarify when an individual meets the “obviously
mentally or physically unfit for employment” exemption for food stamp work registration
and employment and training (FSET) participation. Refer to Transmittal P04-12-0019
“Able Bodied Adults Without Dependents (ABAWDs)” for information about other food
stamp work registration and participation exemptions and ABAWD exceptions
http://eww.dcf.state.fl.us/~ess/policy/p04120019.pdf.
Policy:
The eligibility specialist determines when an individual meets the definition of obviously
mentally or physically unfit for employment. Individuals meeting this definition are
exempt from food stamp work registration and employment and training (FSET)
participation.
Definition: Individuals are obviously unable to participate due to a physical or mental
incapacity if the physical or mental impairment(s) is of such severity that the individual is
not only unable to do their previous work but cannot, considering education and work
experience, engage in any other kind of substantial gainful work which exists in the
national/state/local economy.
A determination of obviously unable to participate may be made when the individual
attends a face-to-face interview or when a telephone interview is held. Discussion of
the individual’s abilities to work or participate in work activities is required to make this
determination. If after the discussion, it is obvious the individual is likely to be unable to
participate in activities assigned by the One Stop Center, an exemption should be given.
1317 Winewood Boulevard, Tallahassee, Florida 32399-0700
The mission of the department is to protect the vulnerable, strengthen families and promote individual and
family economic self-sufficiency.
Obviously Mentally or Physically Unfit for Employment
Page 2
The individual should not be asked to get a physician’s statement if they express
supportive information either verbally or in writing that they are unable to work or
participate in a work program.
Individuals who are referred to the Regional Workforce Board (RWB) may be
determined obviously unable to work, if the RWB determines during interviews or
activities that the individual is obviously unable to work or participate. The RWB may
contact the eligibility specialist with the supportive information, indicating the individual
meets the definition of obviously mentally or physically unfit for employment. In these
cases, the eligibility specialist must accept the RWB’s assessment and change the
participation status of the individual on FLORIDA.
If there are any policy questions, district/zone offices should contact Connie Mathers at
850-921-5578 or Suncom 291-5578.
cc:
Director (Shaver)
Chief Information Officer, DCF Information Systems (Brock)
FLORIDA Operations (Poirier, Anderson, Love)
FLORIDA Help Desk (Kenyon)
Program Policy (Lewis, Schilling, Grignon)
Program Integrity (Ransdell, Bowman)
Quality Control (Pearce)
Appeals Hearings (Pritchard)
Florida Legal Services (Huddleston)
Office of General Counsel (Minnis)
Data Analysis (Hudgens)
AWI (Scott, Malone)
Jeb Bush
Governor
Lucy D. Hadi
Interim Secretary
MEMORANDUM
DATE:
December 3, 2004
TRANSMITTAL NO: P-04-12-0019
TO:
District Economic Self-Sufficiency Services
Program Administrators (1-4, 7-15)
Suncoast Region Economic Self-Sufficiency Services
Program Administrator
FROM:
Jennifer Lange, Chief, Program Policy (Signature on File)
Suzanne Poirier, Chief, FLORIDA Operations (Signature on File)
SUBJECT:
Able Bodied Adults Without Dependents (ABAWDs)
The purpose of this memorandum is to provide information about food stamp
time limits and how to identify the status of “vulnerable” ABAWDs. Policy in
manual passages related to ABAWDs is being amended to accommodate
changes to Labor Surplus Areas (LSAs).
ABAWD Provisions
ABAWDs are persons 18 through 49 years of age who do not have dependent
children. “Vulnerable” ABAWDs are individuals who are not exempt from food
stamp employment and training (FSET) work registration and participation, do not
meet an exception to the ABAWD time limits, or do not reside in a Labor Surplus
Area. These “vulnerable” ABAWDs may receive food stamps in three un-prorated
months out of a 36-month period unless they are meeting work requirements.
The current 36-month period began December 1, 2002 and will end November 30,
2005. A new 36-month period will begin December 1, 2005.
“Vulnerable” ABAWDs in Florida will be eligible to receive only three un-prorated
months of food stamps between the effective date of January 1, 2005 and
November 30, 2005, unless they are meeting these work program requirements:
•
Working 20 hours per week; *
•
Participating in and complying with a Workforce Investment Act (WIA),
Trade Act, or employment and training program 20 hours per week; *
•
Working and participating in and complying with a Workforce Investment
Act (WIA), Trade Act, or employment and training program in any
combination for 20 hours per week; * or
Able Bodied Adults Without Dependents (ABAWDs)
Page 2
•
Participating in and complying with a workfare program*.
*For purposes of this provision, 20 hours a week averaged monthly means 80
hours a month. The individual working 20 hours per week does not have to be
paid for the work. Compliance with workfare program requirements is computed
by dividing the food stamp monthly benefit by the minimum wage. The result is
the number of hours of workfare participation required per month.
The time limit does not apply and the individual is not a “vulnerable” ABAWD if
he or she meets any of the following exceptions or exemptions:
Exceptions to the ABAWD Time Limit
(1) Is under 18, or 50 years of age or older;
(2) Is determined to be medically certified as physically or mentally unfit for
employment. An individual is medically certified as physically or mentally unfit
for employment if he or she:
(i) Is receiving temporary or permanent disability benefits issued by
governmental or private sources;
(ii) Is obviously mentally or physically unfit for employment as determined by
the eligibility specialist. Individuals are obviously unable to participate due
to a physical or mental incapacity if the physical or mental impairment(s) is
of such severity that the individual is not only unable to do their previous
work but cannot, considering education and work experience, engage in
any other kind of substantial gainful work which exists in the
national/state/local economy.
(iii) If the unfitness is not obvious, it must be verified with a written or verbal
statement from a physician, physician's assistant, nurse, nurse
practitioner, designated representative of the physician's office, a licensed
or certified psychologist, a social worker, or other medical personnel
indicating the individual is physically or mentally unfit for employment.
(3) Is a parent (natural, adoptive, or step) of a standard filing unit (SFU) member
under age 18, even if the SFU member who is under 18 is not himself eligible
for food stamps;
(4) Is residing in a SFU where an SFU member is under age 18, even if the SFU
member who is under 18 is not himself eligible for food stamps; or
(5) Is pregnant.
Able Bodied Adults Without Dependents (ABAWDs)
Page 3
FSET Exemptions
(1) Is responsible for the care of an incapacitated person. The incapacitated
person does not have to live at the same residence or be a part of the food
stamp household;
(2) Is receiving unemployment compensation or has applied for, but is not yet
receiving unemployment compensation, if that person is complying with work
requirements that are part of the Federal-State unemployment compensation
application process;
(3) Is a regular participant in a drug addiction or alcoholic treatment and
rehabilitation program. The individual does not have to reside in the facility.
However, participation in Alcoholics or Narcotics Anonymous does not meet
the criteria for a treatment program;
(4) Is employed or self-employed person working a minimum of 30 hours weekly
or earning weekly wages at least equal to the federal minimum wage multiplied
by 30 hours; or
(5) Is a student enrolled at least half time in any recognized school, training
program, or institution of higher education.
(6) Is complying with Refugee Assistance Program (RAP) work requirements.
Labor Surplus Areas
FSET work program services are not available in areas of the state that are part of
the Labor Surplus Areas (LSAs) Waiver. The ABAWD time limits do not apply to
individuals who reside in these areas. Even though ABAWDs residing in LSA
counties are not time limited, they should be identified with a participation code
“18”, code “52”, or code “66” and an “N” entry in the “vulnerable” ABAWD Y/N
field on the AGPI screen (see FLORIDA instructions). The labor surplus areas
are:
Counties
Brevard
Hendry
Miami-Dade
Broward
Highlands
Okeechobee
DeSoto
Holmes
Palm Beach
Dixie
Indian River
Polk
Glades
Jefferson
Sumter
Hamilton
Lafayette
St. Lucie
Hardee
Martin
Taylor
Able Bodied Adults Without Dependents (ABAWDs)
Page 4
The federal waiver, excluding residents of LSAs from time limits must be reevaluated each year.
The FSET Program now serves only “vulnerable” ABAWDs, however, other
Regional Workforce Board programs and services may be available to other
individuals. DCF must continue to properly work register all mandatory food
stamp applicants and recipients. Mandatory individuals residing in LSA counties
should be assigned a participation code of “01”, “02”,”03”, “18”, “52”, or “66”
and should be required to sign the Food Stamp Work Registration Form CF-ES
2095.
Countable Months
The three time-limited months of eligibility do not have to be consecutive months,
nor do the food stamps need to have been received in Florida. Any month the
individual receives food stamps for the full benefit month without meeting at least
one of the program work requirements is counted as time limited unless the
individual meets an exception to the time limit or an FSET exemption.
Applications
When an application for food stamps is received on or after January 1, 2005, the
Economic Self-Sufficiency Specialist (ESS) will determine if any of the individuals
applying are “vulnerable” ABAWDs and must have the Food Stamp Work
Registration Form CF-ES 2095 signed for all mandatory individuals. If an
applicant is a “vulnerable” ABAWD, the ESS will determine if the individual has
received three months of food stamps in which they did not meet at least one of
the work requirements and were not exempt from FSET participation, or they met
an exception to the ABAWD time limit. Any month prior to January 1, 2005,
should not be considered in the calculation of the time limit. If the “vulnerable”
ABAWD has already received three time-limited months, the ESS will determine if
the individual is currently meeting at least one of the work requirements.
Individuals who have not exhausted their time limits or who are currently meeting
the work requirements may be approved for food stamps. They must also be
referred to the Regional Workforce Board (RWB) electronically by coding them
correctly on the AGPI screen. “Vulnerable” ABAWDs who have exhausted their
time limit and who are not meeting at least one of the work requirements are not
eligible for food stamps and action should be taken to deny their application.
EXAMPLE
Mr. Smith, age 33, applies for food stamps on June 02, 2005. He does not meet at
least one exception to the time limit or FSET exemption listed above. The ESS
looks back to January 1, 2005, and determines Mr. Smith received food stamps in
February 2005, March 2005, and May 2005, and he did not work or meet any of the
work requirements during those months. The time limit for ABAWDs policy was
Able Bodied Adults Without Dependents (ABAWDs)
Page 5
explained to Mr. Smith when he applied for food stamps in December 2004. Mr.
Smith already received three time-limited months of food stamps in the last 36
months and is not currently working or complying with a food stamp work
program. He is not eligible for food stamps at this time and his application is
denied.
Active Cases
Individuals in active cases who meet the “vulnerable” ABAWD criteria will receive
a Mass Change Notice prior to January 1, 2005. The notice will explain the three
out of 36-month time limit and the work requirements. A copy of the notice is
attached.
The RWB will determine if the individual is working, participating in a work
program, working and participating in a work program, or participating in
workfare each month. If the individual is not meeting these requirements, the
RWB will notify DCF staff by requesting a sanction. Any month the individual
receives food stamps for the full month and is not meeting at least one of these
work requirements will count as one of the three of 36 time-limited months.
In some situations, a sanction request is sent by the RWB late in the last month
of a certification period or after a case is closed. The sanction request is never
received by an ESS and is therefore never imposed. When the individual
reapplies, the ESS will have no knowledge of the prior sanction request. If the
case is approved, the RWB will notify the ESS of the prior request and the ESS
will take the appropriate action to determine if the minimum sanction period has
been served or if the individual met an FSET exemption. If the individual has not
served the minimum sanction period and did not meet an exemption, the sanction
should be imposed effective the first month after 10-day notice can be provided.
Regaining Eligibility
Individuals who have had their food stamps denied or closed after receiving
benefits for three out of 36 months without meeting an exception or exemption
may regain eligibility for food stamps if, during the month prior to the month of
application, the individual does one of the following:
•
Works 80 or more hours;
•
Participates in and complies with a work program for 80 or more hours;
•
Works and participates in any combination in a work and participation
program for a total of 80 or more hours;
•
Participates in and complies with a workfare program; or
•
Meets an exception to the time limit.
Able Bodied Adults Without Dependents (ABAWDs)
Page 6
There is no limit on how many times an individual may regain eligibility and
subsequently maintain eligibility by complying with and meeting the work
requirement.
EXAMPLE
On July 25, 2005, the same Mr. Smith submits an application for food stamps. He
provides verification that he has been employed with a construction company
where he works 28 hours per week. The ESS determines Mr. Smith has worked
more than 80 hours in June, the month prior to the month of application and has
met the criteria for regaining food stamp eligibility. Since he has complied with
requirements to regain eligibility and he is continuing to meet at least one of the
work requirements, the ESS approves him for food stamps. He is referred
electronically to RWB by entering a “Y” in the “vulnerable” ABAWD Y/N field and
an “18” in the participation status field on the AGPI screen.
Reporting Requirements
ABAWD households are assigned a six-month certification period. It is the
responsibility of the “vulnerable” ABAWD or RWBs to report if hours of work,
hours of participation in a work program, or combination of hours of work and of
participation in a work program, fall below the mandatory 20 hours per week, or
80 hours per month. This is a reporting requirement in addition to the simplified
reporting requirements.
The RWB will notify our agency that the individual is not meeting the 20 hours per
week work requirements by requesting a sanction. The month of noncompliance
will count as a time-limited month. If the sanction request is received after pull
down, the month of noncompliance and the following month will count as timelimited months. If, in this situation, the individual meets at least one of the work
requirements during the month following the noncompliant month, the sanction
will not be imposed. The sanction is imposed or lifted according to current
sanctioning policy. Minimum sanction periods of one month, three months, and
six months still apply to individuals who fail to comply with these requirements.
Note: An 18 year old becomes subject to the “vulnerable” ABAWD rules the first
full month he /she is 18. Even though a change in age is not a change that must
be reported, individuals reaching age 18 must be referred to the RWB for
participation unless an FSET exemption or “vulnerable” ABAWD exception is met
or the individual resides in an LSA. An “expected change” should be scheduled
on the AWEC screen for the birthday month or the “Age change 18” alert should
be used to identify individuals turning 18.
Able Bodied Adults Without Dependents (ABAWDs)
Page 7
Good Cause
If a “vulnerable” ABAWD would have met the work requirements of 20 hours per
week but missed some hours for good cause, the individual is considered to have
met the work requirement if the absence is temporary. The same good cause
deferral reasons used for individuals in food stamp employment and training
(FSET) are used for “vulnerable” ABAWDs. The RWB will contact the
“vulnerable” ABAWD to allow a claim of good cause prior to requesting a
sanction. If the “vulnerable” ABAWD shows good cause prior to the RWB
sanction request or to our agency prior to the end of the 10 days of adverse
action, the sanction will not be imposed.
Benefit Extension
When an individual regains eligibility and then stops working or stops complying
with work requirements, the individual may be eligible for a benefit extension of
one consecutive three-month period. The extension will begin the date the
individual notifies the agency or the agency becomes aware that he no longer
meets the work requirements. If the individual does not notify the agency about
this change and continues to receive food stamps, a benefit recovery referral
should be made for any months of food stamps the individual receives after the
three months benefit extension would have expired. An individual may not
receive this second three months of food stamps more than once in the 36-month
period, and the individual must have fully exhausted his time limit of three
months before this additional three months is allowed.
EXAMPLE
In September 1, 2005, the same Mr. Smith reports he is no longer employed. The
ESS looks back to see that Mr. Smith had exhausted his original three month time
limit in February 2005, March 2005, and May 2005. He did meet at least one of the
work requirements by working in June 2005 through August 2005, when he
received food stamps. The ESS determined that Mr. Smith is eligible for a benefit
extension of three months since he indicates he is not working and he is not
participating in a food stamp work program. He remains eligible for three
additional months.
If the RWB notifies the ESS that the individual is no longer employed and is not
complying with the work program requirements and a sanction is requested, the
individual must serve the minimum sanction period. Even though the individual
may be eligible for a three-month benefit extension, they would not be eligible for
food stamps for the same period of time, due to the minimum sanction period.
Able Bodied Adults Without Dependents (ABAWDs)
Page 8
FLORIDA Instructions
All “vulnerable” ABAWDs should be identified on the Welfare Reform Data
Tracking (ARDT) screen by entering a “Y” in the “FOOD STAMP TME LMT” field.
When a “Y” is selected the “ARFS” (Welfare Reform Food Stamp Data) screen
displays.
The “ARFS” screen is used to collect and maintain information on “vulnerable”
ABAWDs. The questions on the screen should be answered appropriately for
each individual. The GRID should be updated when action is taken on a case.
Individuals, age 18 through 49, should be identified as “vulnerable” ABAWDs on
the Application Entry Work Programs (AGPI) screen, unless they meet an
exception to the “vulnerable” ABAWD time limit or an FSET exemption. The
ABAWD Y/N field on the AGPI screen will indicate if an individual’s food stamp
benefits are time-limited. For individuals, ages 18 through 49 enter a “Y” for
those who do not meet an exception to the “vulnerable” ABAWD time limit, an
FSET exemption, and who do not reside in an LSA. Enter an “N” for ABAWDs
who do live in an LSA. The FLORIDA system will automatically default the
ABAWD field to an “N” for individuals under 18 or over 49 years of age.
“Vulnerable” Able-Bodied Adults Without Dependents who have exhausted their
time limit (3 months in a 36 month period) to receive food stamp benefits will be
treated as technically ineligible (Prorated) individuals for food stamps. Complete
the Application Entry Ineligibility Data (AOIE) screen with reason code 353 (YOUR
TIME LIMIT TO RECEIVE FOOD STAMP BENEFITS HAS ENDED).
When denying the case you will also use reason code 353.
A FLORIDA notice explaining the time limits will be sent prior to January 1, 2005,
to all individuals currently receiving food stamps who are identified as
“vulnerable” ABAWDs.
Participation Status on AGPI
•
Code “18” (Mandatory-FSET/ABAWD Only) should be entered in the
“Participation Status” field for “vulnerable” ABAWDs. In LSA counties,
this code should be entered for ABAWDs who would be “vulnerable” (timelimited) if they live in a non-LSA county. In LSA counties, the ABAWD Y/N
question should have an “N” entry.
•
Code “01” (Mandatory-Registrant Not Head of Household), “02”
(Mandatory-SSDI/SSI Disability Pending), and “03” (Mandatory-Head of
Household) should be entered when an individual meets an exception to
the ABAWD time limit but does not meet an FSET exemption. Example:
Parents of a child age “6” and older.
Able Bodied Adults Without Dependents (ABAWDs)
Page 9
•
Code “16” (Remote) does not designate participation status of an
individual and should no longer be used.
•
Code “30” (Receiving less than $75 FS benefits (workfare only) should be
entered for individuals residing in the five workfare counties only, who do
not meet “vulnerable” ABAWD criteria but would otherwise be mandatory if
they were receiving more food stamps. The five-workfare counties are:
Escambia, Okaloosa, Walton, Holmes, and Washington.
•
Code “52” (Mandatory-Workfare Referral) should be used for the
participation status of mandatory individuals residing in “workfare”
counties including “vulnerable” ABAWDS. In LSA counties, this code
should be entered for ABAWDs who would be “vulnerable” (time-limited) if
they lived in a non-LSA county. Since Holmes county is an LSA and an
Optional Workfare county, “52” should be entered in the participation
status field and an “N” should be entered in the ABAWD Y/N field. Time
limits will not apply in Holmes County.
•
Code “66” (Mandatory-Refugee Referral) should be used for ABAWDs who
are Refugees, Asylees, Cuban-Haitian Entrants, Amerasians, Individuals
with Deportation Withheld, and Lawful Permanent Residents with one of
the prior statuses. The entry in the Y/N ABAWD field is determined by
whether the individual meets a time limit exception, an FSET exemption, or
lives in an LSA county.
Note: Code “66” is also used for TCA recipients who are mandatory work
program participants and have of one of these immigration statuses. It is
no longer used to identify FSET mandatory status for non-ABAWDs.
Codes “01”, “02”, or “03” should be used as appropriate for this group.
Attached is a chart that shows the Exemptions, Good Cause Deferrals,
Mandatory, and ABAWD Time Limit Exceptions.
If there are any policy questions, district/zone offices should contact
Connie Mathers at 850-921-5578 or SUNCOM 291-5578. For FLORIDA question
please contact Judy Glisson at 850-414-5928 or SUNCOM 994-5928.
Attachment
cc:
Acting Director (Reinhardt)
FLORIDA Operations (Poirier, Anderson, France, Love)
FLORIDA Help Desk (Kenyon)
Program Policy (Lewis, Schilling, Grignon)
Program Integrity (Ransdell, Mickler, Bowman)
Quality Control (Pearce)
Appeals Hearings (Pritchard)
Florida Legal Services (Huddleston)
Office of General Counsel (Minnis)
Able Bodied Adults Without Dependents (ABAWDs)
Page 10
Data Analysis (Hudgens)
AWI (Whitfield, Malone)
Code
07
08
09
FOOD STAMP WORK PARTICIPATION CODES
Exemptions
Code
Good Cause Deferrals
Age 16-17 not head of household in school
13
Illness (medical limitation)
Recipients of Unemployment Compensation
16
Remote (no longer in use)
SSI/SSDI individual
22
Confirmed pregnancy
10
Addicts and Alcoholics
23
11
Student
28
12
14
15
Transportation unavailable or over 2 hour
round trip
Extreme communication or language
limitation as related to the local labor
market
Receiving less than $75 FS (workfare only)
Enrolled full time in Vista program
Circumstances beyond control
Child under 16
30
Age 60 or older
34
Physically/Mentally incapacitated (medical
46
limitation)
20
Caretaker of child under 6
48
Lack of child care for ages 6 to 12 years old
21
Employed 30 hours per week
50
One month certification (no longer in use)
31
In stream migrant/farm worker with agreement to
begin work within 30 days
57
Voluntary registrant (no longer in use)
64
Care of disabled family member
N/A
Complying with TCA or RAP work requirements
(refer to TWPW table for codes)
Mandatory
Code
Code
01
Mandatory - Registrant Not Head of Household
18
Mandatory – FSET/ABAWD Only
02
Mandatory - SSDI/SSI Disability Pending
52
Mandatory – Workfare Referral
03
Mandatory – Head of Household
66
Mandatory – Refugee Referral
ABAWD Time Limit Exceptions (Individual is not a “Vulnerable” ABAWD)
• Under 18 or 50 years of age or older;
• Determined to be medically certified as physically or mentally unfit for employment. An individual is medically
certified as physically or mentally unfit for employment if he or she:
a. Is receiving temporary or permanent disability benefits issued by governmental or private sources;
b. Is obviously mentally or physically unfit for employment as determined by the eligibility specialist. Individuals are
obviously unable to participate due to a physical or mental incapacity only if the physical or mental impairment(s) are
of such severity that the individual is not only unable to do their previous work but cannot, considering education and
work experience, engage in any other kind of substantial gainful work which exists in the national/state/local economy.
c. If the unfitness is not obvious, it must be verified with a written or verbal statement from a physician, physician’s
assistant, nurse, nurse practitioner, designated representative of the physician’s office, a licensed or certified
psychologist, a social worker, or other medical personnel indicating, the individual is physically or mentally unfit for
employment.
• Is a parent (natural, adoptive, or step) of a household member under age 18, even if the household member who is
under 18 is not himself eligible for food stamps;
• Is residing in a household where a household member is under age 18, even if the household member who is
under 18 is not himself eligible for food stamps;
• Is pregnant;
• Is responsible for the care of an incapacitated person;
• Is receiving unemployment compensation (UC) or has applied for, but is not yet receiving UC, if that person is
complying with work requirements that are part of the Federal/State UC application process;
• Is a regular participant in a drug addiction or alcoholic treatment and rehabilitation program;
• Is employed or self-employed person working a minimum of 30 hours weekly or earning weekly wages at least
equal to the federal minimum wage multiplied by 30 hours; or
• Is a student enrolled at least halftime in any recognized school, training program, or institution of higher
education.
Phone:
Mailing Date:
Mailing Address
Payee Name:
Case:
Dear XXXXXXX:
On January 1, 2005, the Department of Children and Families (DCF) will begin applying the Able
Bodied Adults Without Dependents (ABAWDs) time limit. You are being sent this notice because
you may meet the rules below and your food stamp benefits may be time-limited.
Time Limited Able-Bodied Adults Without Dependents (ABAWDs)
Time limited ABAWDs are people who:
•
Are 18 through 49 years of age;
•
Do not have children under the age of 18;
•
Must register for work and attend work regularly, unless excused
•
Do not meet an exception to the ABAWD time limits,
•
Do not live in Labor Surplus Areas (federally approved areas of the state with high
unemployment).
Time limited ABAWDs may get food stamps in only three full months out of 36-months unless they
are meeting work rules. Meeting work rules means:
•
Working 20 hours per week; *
•
Attending a work program 20 hours a week and performing all activities; *
•
Working and attending a work program for a total of 20 hours per week; *
•
Attending and meeting all the rules of a workfare program.
*20 hours per week means 80 hours a month.
ABAWDs who have a time limit will get only three months of food stamps between January 1, 2005
and November 30, 2005 unless they are meeting all work rules. The time period will start over on
December 1, 2005 and ABAWDs will only be able to get another three months of food stamps during
the next 36 months unless they are meeting all work rules.
Becoming Eligible Again
An ABAWD who has already gotten food stamps for three time-limited months may get them again
by doing one of the following in the month before applying:
•
Work 80 or more hours;
•
Take part in and meet all rules of a work program for 80 or more hours;
•
Work and attend a work program for a total of 80 hours; or take part in and meet all the rules
of a workfare program; or
•
Meet an exception to the ABAWD time limits.
If you think this action is incorrect, your worker or your worker’s supervisor will be glad to discuss it
with you. You also have the right to ask for a hearing before a state hearings officer. If you want a
hearing, you must ask for the hearing within 90 days from the mailing date at the top of this notice.
You can bring with you, or be represented at the hearing by, anyone you choose, such as a lawyer,
relative or friend. You can ask for a hearing by writing, calling or coming into the office. If you need
information about how to get free legal advice, contact your worker. If you get food stamp benefits
you can also call toll free 1-800-342-9274 for a listing of free legal organizations in your area.
In accordance with Federal law and our policy, the Department of Children and Families is prohibited
from discriminating on the basis of race, color, national origin, sex, age, disability, religion, political
belief, or marital status.