Jacobson v. Anderson

Issue

The decision in the Jacobson v. Anderson lawsuit clarifies that the GAIN Program cannot refuse to approve a self-initiated program (SIP) as a GAIN activity, solely because the program will not be completed within two years.

Dates

The prospective portion of this lawsuit was implemented on July 26, 1990, when GAIN clarified their policy.

The retroactive portion is implemented starting July 1, 1993.

The claim period is from July 1, 1993 through September 28, 1993.
The retroactive period for any possible benefit determination is from May 9, 1987 through September 30, 1990.

Informing

As part of the notification process, on July 1, 1993, the state will send an “Informing Card” (TEMP GAIN 78) with the Medi-Cal cards of all AFDC and medically-needy-only recipients in those counties affected by this order, including Santa Clara County.

The Jacobson order also requires that posters be placed in each District Office, in the GAIN offices and at any college or university in the area. Persons who wish more information about this court case must be referred to the GAIN office.

Required Action

EWs in the District Office have minimal responsibilities in the implementation of the Jacobson court order. If a client calls and wants more information or wishes to have a claim form, he/she must be given the GAIN telephone number (254-6175). The GAIN office is responsible for the initial processing of the claim.

CROP Unit

There may be cases where a client was inappropriately sanctioned by GAIN and the EW removed that individual from the AU. An EW in the CROP Unit will be processing these claims when a referral is received from GAIN.