IV. Benefits
Background
In recent years great advances have been made in protecting the rights and serving the needs of people with disabilities. But in 1996, the Personal Responsibility and Work Opportunity Act (PRA), also known as "Welfare Reform" was enacted by Congress. This law has made sweeping changes in many entitlement programs. Many children who are currently receiving benefits under Supplemental Security Income (SSI) will no longer be eligible under the new, more restrictive eligibility requirements. Legal immigrants were also hard hit by the changes in the new law. They will lose their entitlement to SSI and Food Stamps. The law also radically changed the welfare program, Aid to Families With Dependent Children (AFDC), the cash assistance program for poor families, and issued guidelines to the states on the use of federal funds.
Because New York State has yet to pass its own laws that have to comply with the new federal law, there will be additional changes that will occur in the near future. The description below of the benefits available is up-to-date as of June 1,1997. Watch for new changes.
The importance of keeping records:
Because all entitlement programs require extensive documentation, it is important to keep careful records about FD and its treatment. Very often the difference between a successful application for benefits and one that is denied is the type of documentation that is provided.
There are a number of advocacy organizations that work specifically to help people enroll in these government programs and a good many general social service agencies that help with the process, so it is a good idea to contact an agency with this expertise even before submitting an initial application. Case managers are also a source of expertise in negotiating these systems.
Medicaid
This very important government assistance health program for low income people which pays for a range of medical services is described in detail in the Health Section,
(see p. 33). This is an income-based program, and for children under the age of 18, the income of the parents is considered in making an eligibility determination. But once a child turns 18, the parent's income does not have to be considered.
It is important to know that many of the services provided for adults with developmental disabilities are based on Medicaid and SSI. Parents whose income may be far above the Medicaid eligibility level have to investigate whether or not it would be necessary for their child to apply once they reach the age of 18 when parental income is no longer taken into account.
Supplemental Security Income (SSI)
Supplemental Security Income is a federal program providing monthly cash benefits for people who are aged, blind or disabled and who have limited income and resources. New York State is one of the few states that provides an additional state subsidy to SSI recipients. The amount of the monthly payment varies according to the individual's living arrangements and other resources. In order to qualify for SSI, a person has to first meet the income eligibility requirements. For children under the age of 18, parental income and resources are considered, and the severity of the child's disability alone will not qualify that child or family. However, at the age of 18, the young person's income alone will be considered. Some types of income and resources are not applied.
SSI is particularly important because all SSI recipients automatically are enrolled in Medicaid. And, as mentioned above, SSI and Medicaid enrollment is required for many of the adult programs for people with developmental disabilities. Legal immigrants will no longer be eligible for SSI benefits.
There are different definitions of disability for children and adults.
· Child with a disability: A child under the age of 18 must have a medically determinable impairment which results in marked and severe functional limitations and which can be expected to last for a certain period time. This new definition of disability is much stricter than it used to be, so that fewer children will be enrolled than there were in the past. Many children who are currently receiving SSI will be reevaluated under this new standard.
· Adult with a disability: The adult definition of disability is work related. An adult disability is any physical or mental impairment which prevents a person from being able to work or "engage in substantial gainful activity." There are some ways of SSI recipients to work if their monthly income is at the level necessary to meet the income eligibility requirements.
The process of applying:
This process can take up to 6 months. Extensive medical documentation is required, and very often the application is denied at the first request. Fortunately, there is an appeals process, first through the reconsideration of the application in the Social Security Office, then through a hearing before an Administrative Law Judge. More than half of the initial denials are reversed by the Administrative Law Judge, so it is worth going on to a hearing. It is suggested that a lawyer be present at this point. The next step is an appeal to a national Appeals Council and then in a Federal Court. Legal representation and/ or consultation with an agency familiar with the process is highly recommended.
Access:
Application is made at local Social Security Offices.
In New York City, call 800-772-1213. An automated attendant refers to the nearest office by zip code.
Outside New York City,
NYS Department of Social Services
Temporary Assistance Information Center
1-800-342-3009
Nassau County
Nassau County Department of Social Services
101 County C Dr.
Mineola, NY 10501
516-571-4817
Rockland County
Rockland County Department of Social Services
Bldg. L, Sanatorium Rd.
Pomona, NY 10970
914-364-3100
914-362-1155 - Information and referral for all social service information
Suffolk County
516-854-9700
Westchester County
Westchester County Department of Social Services
112 E. Post Rd.
White Plains, NY 10601
914-285-5000
Advocacy:
For questions about the benefits or the process, contact:
F.I.S.T.
Professional Service Centers for the Handicapped
22-44 119th Street
College Point 11356
718-445-4700
Public Benefits Resource Center
Community Service Society
105 East 22nd Street
New York, NY 10010
212-614-5552
Independent Living Centers, see p. 98.
Help with the process is also available at local Legal Aid and Legal Services offices, (see p. 58). Barbara Samuels of Legal Services of New York, 212-431-7200 is highly knowledgeable about SSI.
There is also an American Bar Association Children's SSI Project that was set up to help families. The New York State contact is Tony Cassino, Director, Department of Pro Bono Affairs, New York State Bar, One Elk Street, Albany, NY 12207, 518-487-5641.
Social Security Disability Insurance (SSDI)
Social Security Disability Insurance is a cash assistance program for people who have worked for a qualifying number of quarters and who are now disabled. SSDI is important to people with FD if they have worked for awhile and can no longer continue. It is also important to know about since the family members of people who qualify can also collect benefits.
Eligibility:
In order to qualify a person has to have earned a sufficient number of Social Security quarters or credits. People who work qualify by paying FICA taxes. Because SSDI is an insurance program, there are no financial eligibility criteria and no other assets are taken into account. The disability has to be severe enough so that it is expected to prevent a person from working or being engaged in "substantial gainful activity" for a year or more.
Relatives of an insured worker are also eligible for benefits even if they don't qualify through their own work record. These include an unmarried son or daughter who is under 18 or 19, if in high school full time, an unmarried son or daughter who became disabled before the age of 22, and a spouse who is caring for the worker's child who is under 16 or a child who is disabled and the child is receiving benefits.
SSDI benefits:
The amount of the monthly payment is directly related to the amount of income a person has earned. Although income and resources are not taken into account to determine eligibility, they will affect the benefit amount. SSDI and other Social Security benefits will not be paid together. If a person qualifies for both, they will receive the benefit with the higher amount.
Access:
Application can be made at local Social Security Offices.
In New York City, call 1-800-772-1213 for local offices.
Outside New York City
NYS Department of Social Services
Temporary Assistance Information Center
1-800-342-3009
Nassau County
Nassau County Department of Social Services
101 County C Dr.
Mineola, NY 10501
516-571-4817
Rockland County
Rockland County Department of Social Services
Bldg. L, Sanatorium Rd.
Pomona, NY 10970
914-364-3100
914-362-1155 - Information and referral for all social service information
Suffolk County
516-854-9700
Westchester County
Westchester County Department of Social Services
112 E. Post Rd.
White Plains, NY 10601
914-285-5000
Advocacy:
The appeal process if an application is denied is similar to that of Supplemental Security Income. (see p. 48).
For help with the application and appeals process, contact:
Public Benefits Resource Center
Community Service Society
105 East 22nd Street
New York, NY 10010
212-614-5552
F.I.S.T.
Professional Service Centers for the Handicapped
22-44 119th Street
College Point 11356
718-445-4700
Help is also available at the Independent Living Centers, see p. 98.
Public Assistance
With the passage of the Federal Personal Responsibility and Work Opportunity Act, welfare as we have known it in this country has ended. The former programs -- Aid to Families with Dependent Children (AFDC), Emergency Assistance to Families (EAF) and Job Opportunity and Basic Skills (JOBS) -- guaranteed poor families cash assistance as long as they met financial criteria. The new family assistance program, Temporary Assistance to Needy Families (TANF), has built-in time limitations and work requirements for poor families.
The shape of this program In New York State has yet to be determined. Proposals have been submitted to the state legislature (at the time of the writing of this guide) and are part of the welfare reform debate. Though nothing has been enacted yet, it is clear that the program will undergo radical changes.
Access in New York City:
Applications for Public Assistance are made at one of the Income Support (IS) centers throughout the city. Families can call the HRA Infoline 718-291-1900.
It is always easier to contact one of the local offices listed below.
Bronx
Bergen (48)
414 E. 147th St.
Bronx, NY 10455
718-579-8435
Boulevard (39)
1716 Southern Blvd.
Bronx, NY 10460
718-617-8830
Concourse (45)
1790 Grand Concourse
Bronx, NY 10457
718-716-2064
Crotona (46)
1910 Monterey Ave.
Bronx, NY 10457
718-901-0380, 0381
Fordham (44)
2551 Bainbridge Ave.
Bronx, NY 10458
718-220-6673
Kingsbridge (43)
248 E. 161 St.
Bronx, NY 10451
718-960-7396
Melrose (40)
847 Concourse Village East
Bronx, NY 10451
718-960-1900
Rider (38)
305 Rider Ave.
Bronx, NY 10451
718-579-8800, 8803
Soundview (47)
1365 Jerome Ave.
Bronx, NY 10452
718-590-7226
Tremont (41)
1916 Monterey Ave.
Bronx, NY 10457
718-901-0220
Willis (49)
434 E. 147th St.
Bronx, NY 10455
718-579-8500
Brooklyn
Bay Ridge (70)
6740 Fourth Ave.
Brooklyn, NY 11220
718-921-2000
Brownsville (73)
17 Hinsdale St.
Brooklyn, NY 11207
718-495-7616
Bushwick (66)
30 Thornton St.
Brooklyn, NY 11206
718-963-5117
Clinton (62)
103 Clinton St.
Brooklyn, NY 11201
718-237-6945, 6946
DeKalb (64)
500 DeKalb Ave.
Brooklyn, NY 11205
718-636-2661
Euclid (78)
404 Pine St.
Brooklyn, NY 11208
718-827-3134
Ft. Greene (80)
45 Hoyt St.
Brooklyn, NY 11201
718-237-7319
Fulton (61)
215 Duffield St.
Brooklyn, NY 11201
718-237-8091
Linden (67)
210 Livingston St.
Brooklyn, NY 11201
718-237-7249
Livingston (72)
98 Flatbush Ave.
Brooklyn, NY 11217
718-237-7544
Nevins (71)
94 Flatbush Ave.
Brooklyn, NY 11217
718-237-6268
Prospect (68)
214 Livingston St.
Brooklyn, NY 11201
718-237-7097
Williamsburg (84)
320 Schermerhorn St.
Brooklyn, NY 11217
718-237-8123
Wyckoff (63)
213 Duffield St.
Brooklyn, NY 11201
718-237-7494
Manhattan
Amsterdam (24)
260 W. 30th St.
New York, NY 10001
212-971-2653
Begin (2)
225 E. 34th St. St.
New York, NY 10016
212-725-4113
Dyckman (35)
4660 Broadway
New York, NY 10040
212-569-9626, 9627
East End (23)
309 E. 94th St.
New York, NY 10028
212-360-5406
East Harlem (32)
165 E. 126th St.
New York, NY 10035
212-860-5164
Hamilton (28)
530 W. 135th St.
New York, NY 10031
212-690-9704
St. Nicholas
132 W. 125th St.
New York, NY 10027
212-666-4970, 4971
Waverly (13)
12 W. 14th St.
New York, NY 10011
212-620-9421
Queens
Jamaica (54)
90-75 Sutphin Blvd.
Jamaica, NY 11435
718-523-3066
Queens (53)
32-20 Northern Blvd.
LIC, NY 11101
718-784-6766
Queensboro (51)
33-28 Northern Blvd.
LIC, NY 11101
718-626-8400, 8401
Rockaway (79)
219 Beach 59th St.
Far Rockaway, NY 11692
718-318-4110, 4111
Staten Island
Richmond (99)
201 Bay St.
Staten Island, NY 10301
718-390-6851, 6852
Access Outside New York City
NYS Department of Social Services
Temporary Assistance Information Center
1-800-342-3009
Nassau County
Nassau County Department of Social Services
101 County C Dr.
Mineola, NY 10501
516-571-4817
Rockland County
Rockland County Department of Social Services
Bldg. L, Sanatorium Rd.
Pomona, NY 10970
914-364-3100
914-362-1155 - Information and referral for all social service information
Suffolk County
516-854-9700
Westchester County
Westchester County Department of Social Services
112 E. Post Rd.
White Plains, NY 10601
914-285-5000
Advocacy:
Because there are built-in procedures for appeal, including conferences and Fair Hearings under the current system, there will certainly be similar methods available once the new system is enacted. Questions about the process and changes in the system can be addressed to:
Public Benefits Resource Center
Community Service Society
105 East 22nd Street
New York, NY 10010
212-614-5552
F.I.S.T.
Professional Service Centers for the Handicapped
22-44 119th Street
College Point 11356
718-445-4700
Help is also available at the Independent Living Centers, (see p. 98).
In addition, there are Borough Welfare Advocacy Networks:
Forest Hills Community House
108-24 62nd Drive
Forest Hills, NY 11375
718-592-5757
Queensboro Council for Social Welfare
221-10 Jamaica Avenue
Queens Village, NY 11428
718-468-8025
Citizens' Advice Bureau
2050 Grand Concourse
Bronx, NY 10457
718-293-0727
Food Stamps
Food Stamps are coupons that are issued monthly to qualifying families. The stamps can be used to buy food at participating stores and supermarkets. The stamps cannot be used to buy items that are not food. This is another program that is undergoing change as a result of the Personal Responsibility and Work Opportunity Act. The program is in flux at the time of this writing. Eligibility criteria have become more stringent and a time limitation for the program has been instituted.
Eligibility:
There are five tests of eligibility which will be in effect until at least August 1997:
income, resources, work rules, residency and citizenship. There are two tests used to determine income eligibility, gross income and net income. There is no maximum gross monthly income for households with a disabled member, that is if that person receives SSI, SSD or are in a Medicaid-disabled category. The applicant must pass the net income test.
The monthly amount of food stamps an eligible household receives is determined by
the household size and the monthly net income after allowable deductions.
Access:
The application is the same one used for Public Assistance and Medicaid, however people may apply solely for Food Stamps. There are four categories under which applications can be made: Public Assistance, SSI Live Alone, Homebound and Non-public assistance (all others). Applications must be made at local Food Stamp offices. People will be notified no later than 30 days after filing an application.
In New York City, call 1-718-291-1900 or contact the Human Resources Administration at the local offices below.
Maximum Allowable Income Levels
| Family Size | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Max. Monthly Income | 839 | 1,123 | 1,407 | 1,690 | 1,974 | 2,258 | 2,542 | 2,826 |
New York City Food Stamp Offices
|
Bronx Concourse Office Colgate Office Tremont Office
Bronx, NY 10451 Bronx, NY 10472 Bronx, NY 10457 718-960-1996/1944/1982 718-589-2800 718-901-0200 |
|
Brooklyn Fort Greene Office Coney Island Office Greenwood Office N. Brooklyn 151 Lawrence St., 5th Fl. 2865 W. 8th St. 253 Schermerhorn St. 185 Marcy Ave. Brooklyn, NY 11201 Brooklyn, NY 11224 Brooklyn, NY 11201 Brooklyn, NY 11211 718-488-5450/5451 718-265-5605/5606 718-722-4004 718-218-6116
|
|
Manhattan
212-835-7597/7598/7599 212-860-5215 212-927-5466 212-666-5258 |
|
Queens Jamaica Office Long Island City Office Far Rockaway Office Flushing Office 90-75 Sutphin Blvd. 42-15 Crescent St. 520 Beach 20th St. 136-56 39th Ave. Jamaica, NY 11435 L. I. City, NY 11101 Far Rockaway, NY 11691 Flushing, NY 11354
|
| Staten Island Stapleton Office 444 St. Marks Pl. Staten Island, NY 10301 718-390-8422 |
Outside New York City, use Department of Social Service offices:
Nassau County Department of Social Services
516-571-4633
Rockland County Department of Social Services
914-364-3353
914-362-1155 - Information and referral for all social service information
Suffolk County Department of Social Services
516-854-9700
Westchester County Department of Social Services
914-285-5400 - Benefits Issuance
Advocacy:
If an application is denied, the applicant should appeal through a Fair Hearing. The local office needs significant documentation in order for the denial to be upheld at a fair hearing.
Information and help is available from:
Public Benefits Resource Center
Community Service Society
105 East 22nd Street
New York, NY 10010
F.I.S.T
22-44 119 Street
College Point, NY 11356
718-445-4700 Fax 718-358-6790
Food Stamp TEN Project
(Training, Education, Nutrition)
233 Schermerhorn Street
Brooklyn, NY 11201
718-722-4685 or 4652
Provides training and information Food Stamps and nutrition
HRA Complaint Unit
PO Box 3011
Jamaica Station, NY 11431
718-291-4141
Investigates problems in receiving Food Stamps, and complaints on unfair treatment.
Help is also available at the Independent Living Centers (see p. 98).
Legal Aid and Legal Services
Free legal services are available to people who meet the income eligibility criteria. These services all have catchment areas, and all have specific intake procedures. Call for information.
In New York City
The Legal Aid Society - Neighborhood Offices
The Bronx Neighborhood Office Queens Neighborhood Office
953 Southern Blvd. 120-46 Queens Blvd.
Bronx, NY 10459 Kew Gardens, NY 11415
718-991-4758 Fax 718-842-2867 718-286-2450 Fax 718-263-4234
Area Served: Bronx Area Served: Queens
The Brooklyn Office for the Aging
1685 E. 15th St. Far Rockaway Neighborhood Office Brooklyn, NY 11229 20-11 Mott Ave.
718-645-3111 Fax 718-645-4151 Far Rockaway, NY 11691
Area Served: Brooklyn, for people 718-337-4900 Fax 718-327-3415
60 years of age and older. Zip Codes Served: 11691, 11692,
- By appointment only. 11693, 11694, 11695, 11697, 11414
11416, 11417, 11420, 11422.
Brooklyn Neighborhood Office
Family Law Staten Island Neighborhood Office
166 Montague St. 60 Bay St.
Brooklyn, NY 11201 Staten Island, NY 10301
718-722-3100 Fax 212-722-3093 718-273-6677 Fax 718-442-2679
- Social Security, Welfare, Area Served: Staten Island
Medicaid, Housing Issues. - Welfare, Social Security,
Housing and Family Court Issues. Chelsea Neighborhood Office
841 Broadway, 3rd Fl. Legal Services for New York City
New York, NY 10003 Legal Support Unit
212-477-0750 Fax 212-254-4372 350 Broadway, 6th Fl.
Area served: Lower Westside up to 34th St. New York, NY 10013
Benefits, Landlord-Tenant Issues; 212-431-7200 Fax 212-966-9571
Family Cases handled by B'klyn Office Area Served: All boroughs
Community Law Offices Homeless Family Rights Project
230 E. 106th St., 1st Fl. 841 Broadway
New York, NY 10029 New York, NY 10003
212-722-2000 Fax 212-876-5365 212-577-3300 Fax 212-477-2087
Area Served: East River to Area Served: All boroughs
Hudson River; East 96th St. to
Marblehill Area; West 110th.
Harlem Neighborhood Office
2090 Adam Clayton Powell Jr., Blvd., 8th Fl.
New York, NY 10027
212-663-3293 Fax 212-749-7038
Area Served: 110 to 169 St.,
Lexington Ave. to Riverside Dr.
Legal Services for New York City - Neighborhood Offices
Bronx
Bronx Legal Services
Walker Thompson, Project Director
Courtlandt Avenue Office
579 Courtlandt Ave.
Bronx, NY 10451
718-993-6250 Fax 718-665-1657 )
Area Served: Zip Codes: 10451, 10454, 10455, 10456, 10459, 10473, 10474.
- SSI issues for all above zip code areas.
North Neighborhood Office
2605 Grand Concourse
Bronx, NY 10468
718-220-0030 Fax 718-933-5427
Area Served: Zip Codes: 10452, 10453, 10457, 10458, 10460, 10461, 10462, 10463,
10464, 10465, 10466, 10467, 10468, 10469, 10470, 10471, 10472, 10475
Office of the Elderly
2605 Grand Concourse
Bronx, NY 10468
718-220-0030 Fax 718-933-5427
Area Served: Bronx
Brooklyn
Bedford-Stuyvesant Community Legal Services
1368-90 Fulton St.
Brooklyn, NY 11216
718-636-1155 Fax 18-398-6414
Area Served: Zip Codes: 11213, 11216, 11221, 11225, 11233
Brooklyn Legal Services Corporation "A"
Williamsburg Office
260 Broadway
Brooklyn, NY 11211
718-782-6195 Fax 718-782-6790
Area Served: Zip Codes: 11206, 11211, 11222, 11237
East Brooklyn Office
80 Jamaica Ave.
Brooklyn, NY 11207
718-345-6200 Fax 718-342-1780
Area Served: Zip Codes: 11203, 11207, 11208, 11212, 11236, 11239
Brooklyn Legal Services Corporation "B"
105 Court St.
Brooklyn, NY 11201
718-237-5500 Fax 718-855-0733
Area Served: Zip Codes: 11201, 11203, 11205, 11209, 11210, 11214, 11215, 11217,
11218, 11220, 11223, 11224, 11226, 11228, 11229, 11230, 11231, 11232, 11234, 11238
Legal Services for New York City, Brooklyn Branches
186 Joralemon St.
Brooklyn, NY 11201
718-852-8888 Fax 718-858-1786
Area Served: Zip Codes: 11203, 11204, 11211, 11213, 11219, 11226, 11203
Brighton Office
3159 Coney Island Ave.
Brooklyn, NY 11235
718-934-2989 Fax 718-858-1786 - Call between 9 - 1 p.m.
Area Served: Zip Code: 11235
Manhattan
Harlem Legal Services, Inc.
144 W. 125th St.
New York, NY 10027
212-222-7800 Fax 212-663-3741
Area Served: Manhattan: North of 110th St. to the Bronx County line, bounded
on the East by Fifth Ave. and on the West by the Hudson River
MFY Legal Services
Wayne Hawley, Project Director
35 Avenue A
New York, NY 10009
212-475-8000 Fax 212-475-1043
Area Served: Manhattan: Eastside from Houston St. to 96th St.
31 Avenue A
New York, NY 10009
212-254-7240 Fax 212-475-1043
Area Served: Manhattan: From 34th St. to 110th St. on the Westside
170 East 116th Street
New York, NY 10029
212-427-0693 Fax 212-831-6460
Area Served: Manhattan: North of 96th St. and East of Fifth Ave.
Mental Health Law Project
250 East Houston Street
New York, NY 10002
212-387-8300 Fax 212-387-8483
Area Served: Manhattan: All boroughs
Mental health issues only.
Legal Services for the Elderly
130 W. 42nd St., 17th Fl.
New York, NY 10036
212-391-0120 Fax 212-719-1939
Area served: All boroughs
Referrals to appropriate agencies.
Queens
Queens Legal Services Corporation
South Jamaica Office
89-00 Sutphin Blvd.
Jamaica, NY 11435
718-657-8611 Fax 718-526-5051
Area Served in Queens: Jamaica
Long Island City Office
42-15 Crescent Street, 9th Fl.
Long Island City, NY 11101
718-392-5646 Fax 718-937-5350
Area Served in Queens: Long Island City, Corona, Jackson Heights, Elmhurst,
Woodside, Astoria, Rego Park, Flushing
Legal Services for the Elderly in Queens
97-45 Queens Blvd., Ste. 914
Rego Park, NY 11374
718-897-2515 Fax 718-897-4123
Area Served: Queens, but not including the Rockaway Peninsula
Outside New York City
Nassau County
Nassau / Suffolk Law Services
1 Helen Keller Way, 5th Fl.
Hempstead, NY 11550
516-292-8100
Nassau / Suffolk Law Service
313 West Main St.
Riverhead, NY 11901
516-369-1112 (Serves Riverhead and the rest of Eastern Long Island.)
Suffolk County
Nassau / Suffolk Law Services
1757 Veterans Highway
Ilandia, NY 11722
516-232-2400
Rockland County
Legal Aid Society
2 Congers Rd.
New City, NY 10956
914-634-3627
Westchester County
Westchester / Putnam Legal Services
4 Cromwell Pl.
White Plains, NY 10601
914-949-1305