You asked what the appeals process is for someone denied assistance for Department of Social Services (DSS) disability assistance because of an increase in income. We assume you are referring to the State Supplement Program (SSP), which provides cash assistance to aged, blind, and disabled individuals, most of whom also receive federal Supplemental Security Income (SSI) benefits.

SUMMARY

State law authorizes people who are denied State Supplement benefits or whose benefits are terminated due to an increase in income, to request a hearing from DSS. The request must be made, the hearing held, and a decision rendered within prescribed timeframes. People aggrieved by the hearing’s decision can appeal to the Superior Court.

Until now, SSP recipients’ benefits declined each year as their SSI benefit increased. This was because the amount of State Supplement benefits is based on a person’s income; as income rises (typically due to cost-of-living increases in SSI), the benefit declines. But a new state law, which takes effect on January 1, 2006 (when the new SSI increases go into effect) essentially requires the SSI increases to be excluded when DSS determines benefits. The new law does not take into account the previous SSI increases, so anyone who loses SSP eligibility due to income before 2006 could not regain eligibility, unless his financial circumstances were to change for the worse.

DSS FAIR HEARINGS FOR STATE SUPPLEMENT DENIALS

Someone denied SSP benefits can request a fair hearing from DSS to appeal the denial. The request must be made within 60 days of the date the decision to deny assistance is made. DSS must hold a hearing within 30 days of receiving the request and must give 10 days notice of the hearing’s time and place. The DSS commissioner can grant a continuance for good cause.

The aggrieved person must appear in person unless his physical or mental condition precludes this. And he can be represented by an attorney or other authorized representative. The law gives the commissioner, or people she authorizes to hear the appeals. (i. e. , hearing officers), the power to administer oaths, take testimony under oath, subpoena witnesses, and require records or other pertinent documents.

The commissioner (or hearing officer) must render a decision within 60 days of the hearing. DSS must notify the aggrieved person by the next day. The decision is final unless the applicant chooses to appeal it in Superior Court. The law prescribes time frames for these additional appeals, as well as the ability to receive good cause extensions (CGS §§17b-60-61).

PA 05-243—ABILITY TO RETAIN STATE SUPPLEMENT ELIGIBILITY AND BENEFIT LEVELS

People who receive SSI benefits may qualify for SSP if they meet certain financial eligibility requirements. Their gross income may not be more than 300% of the SSI benefit (currently $ 1,737 per month), and their assets can be no more than $ 1,600 if single and $ 2,400 if part of a married couple. DSS re-determines SSP eligibility once a year.

To calculate the benefit, DSS takes the person’s income, subtracts any applicable “disregards,” and compares the difference to the program’s payment standard (which, in part, is based on the person’s living arrangement. ) If the net income figure is less than the benefit, the person qualifies and the benefit equals the difference.

Since 1991, DSS has disregarded $ 183 in unearned income from applicants or recipients who are living alone in the community. (The disregard is different for people living in shared housing or licensed boarding homes. ) These disregards, as well as program benefit levels, had not risen in many years, while SSI levels increased every year on January

1. This had the effect of reducing the amount of SSP benefits people received or, in some cases, eliminating their eligibility for benefits altogether.

PA 05-243 requires the DSS commissioner each year, beginning January 1, 2006, to increase the amount of unearned income (SSI is considered unearned income) disregarded by the amount of the increase in SSI benefits. This should ensure that recipients actually get to keep the SSI increases, which is 4. 1% for 2006, and simultaneously retain their SSP eligibility.

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