General Information

Reasonable Accommodation

Individuals who meet the definition of disability under Title II of the Americans with Disabilities Act (ADA), the Rehabilitation Act, and California law are protected from disability discrimination whether or not they meet the CAPI definition of disability. A CAPI client may need accommodations for disabilities other than or in addition to the disability that qualifies them for CAPI.

Any difficulty a person has in meeting CAPI program requirements or complying with reporting requirements could indicate the presence of a disability affecting their ability to comply. If an individual shows signs of such difficulty and a disability or accommodation is already documented in the case file, staff must ensure that the identified accommodation is being provided. If an agreed-upon accommodation is already being provided, the Eligibility Worker (EW) should explore with the client whether they need additional and/or different accommodations.

Reminder: Any request for a change in the normal policies, practices, or procedures because of a disability, must be treated as a reasonable accommodation request. This applies at intake, redetermination, and any time a client makes contact with county staff. Individuals are not required to use a specific form to request an accommodation. Refer to the topics under the Civil Rights chapter in the Common Place Handbook for more details on the accommodation process.

Clients must be informed of their right to appoint an authorized representative (AR) who can assist them in navigating case requirements. However, the appointment of an AR does not mean reasonable accommodations are not needed. ARs are also entitled to disability-related reasonable accommodations to be able to assist and advocate for clients.

Extending deadlines for clients is an allowable accommodation. The length of any extension granted will depend on the specifics in a given case. If an agreement cannot be immediately reached, the EW must engage in an interactive process with the client. The EW may reach out to applicants who are close to missing the 30-day deadline to ask if they are having trouble completing any part of the eligibility process in time due to a disability and if so, offer an extension (and any other appropriate assistance) as a reasonable accommodation.

The determination to deny a request can only be due to a fundamental alteration to the nature of the program, service, or activity or impose an undue financial or administrative burden on the program as a whole and the decision must be made by the SSA Director or their designee. The fact that a requested accommodation is outside usual program rules is not in itself sufficient basis to deny the request.

Note: When making referrals to the Disability Determination Service Division (DDSD), EWs must use section 10 of the MC 221 form to indicate any reasonable accommodations and/or auxiliary aids and services the client needs.

Important: Any accommodations requested and/or made (and the reason(s) why) must be documented in a CalSAWS Journal Entry as well as the Special Circumstances Detail page. Every time an interaction with a client includes accommodation(s) or any time accommodations were offered but declined by the client, a Journal Entry must include this information.

Where to Apply

CAPI applications are processed at the GA Office of the Santa Clara County Social Services Agency. Applications may be submitted in the following ways:

In Person at the GA Office located at 1919 Senter Rd., San Jose;
By Telephone, (408) 758-3800;
By mail to 1919 Senter Rd. San Jose, Ca 95112;
By fax (408) 292-3988.

Note: If a CAPI application is received in a District Office other than the GA office, it must be date-stamped and immediately forwarded to the GA office.

Refer to Application Process.

Other Programs

Most CAPI recipients will be eligible for Medi-Cal, and may also qualify for CalFresh. Eligibility for these programs must be evaluated at the time of the CAPI application.

Related Medi-Cal and CalFresh only cases are maintained in the GA office with the CAPI cases.

Note: CAPI payments are considered exempt income for Medi-Cal, but are NOT exempt in CalFresh budget computations.

Date of Application

The “Statement of Facts Cash Assistance Program for Immigrants (CAPI)” (SOC 814) is the required CAPI application form.

Date of the CAPI application or Protected Application Date is determined as the date the application was submitted (e.g. mail, fax, in person, email, phone).

Note: The SOC 814 must be stamped the date that it's received. In the case of phone applications, it must be stamped the date the application is completed with the client over the phone.

Interview Requirements

If the application is signed, and all the necessary information to determine eligibility has been verified, an interview is not required.

If an interview is determined to be necessary for a particular case (e.g. inconsistencies on application, etc.) the EW may conduct a face-to-face, phone, or virtual interview.

Processing Time

A CAPI application must be processed within 30 days from the date the SOC 814 is date-stamped by the Social Services Agency. An application may be held in a pending status for 30 days from the date of the application, to allow the applicant to obtain required verifications.

30-Day Processing Time

A CAPI application must be processed as soon as possible and a decision to approve or deny an application must be done no later than 30 days following the date of application.

When an SSI/SSP application is required, the applicant/recipient must apply within 30 days of the CAPI application.

Exception: When a Medi-Cal determination is required from the DDSD, the 30-day processing time begins on the day that the county obtains a disability determination from DDSD. However, if the applicant is ultimately found to be disabled, the county must provide the applicant with retroactive CAPI benefits extending back to the first day of the month following the protected application date.

If an application is denied for failure to provide essential information, and the applicant provides the required form and/or verification within 30 days of the application date, the denial must be rescinded and the original application processed. A new SOC 814 is NOT required.

Beginning Date of Aid

The beginning date of aid for CAPI is the first of the month following the date of application or the date the client would otherwise become eligible for benefits, whichever is later.

ExampleExample

Mr. Nguyen will turn 65 years old on March 29. He can file an application as early as February 1st, but his CAPI benefits will not be effective until April 1st.

Reminder: Even if the applicant files an application on the FIRST of the month, aid payment is not effective until the first of the NEXT month.

Immediate Needs

There are NO immediate needs in the CAPI program.

Retrospective Budgeting

The first 2 months of aid are budgeted prospectively. Subsequent months are budgeted retrospectively.

If there is a break in aid of 30 days or more, the budget must be calculated prospectively for the first 2 months of restored aid, then changed to retrospective budgeting for the third and subsequent months. Refer to Income chapter.

Application Withdrawal

If an applicant decides to withdraw their CAPI application, a “Informal Application Refusal/ Withdrawal of Application” (SCD 166) MUST be completed and an adequate NOA issued.

Reminder: The EW must inform the client of other benefit program he/she may be eligible. If the client refuses to apply, the SCD 166 must be completed and signed by client, and scanned to Imaging.

Documentation

Per state requirements; basic case information, changes, and EW actions must be thoroughly documented in a CalSAWS Journal Entry. Failure to do so may adversely affect the outcome of state audits.

Failed or Rescheduled Appointments

If an EW determines that an interview is necessary for a certain case, the CAPI application must be denied if the client fails to attend their scheduled interview appointment. However, if the client requests to reschedule the appointment within 30 days, the original application date is granted.

If the client misses the second appointment, the CAPI application must be denied if the 30 days are over. If the client fails two scheduled appointments and calls to reschedule one more time, the client must be informed that the application is denied and must submit a new application.

Application Signature

The CAPI application must be signed by the applicant, or one of the following individuals: the Authorized Representative (AR), parent, legal guardian, conservator, or representative payee.

In the case of a telephone application, the designated staff must sign the “Remarks” section of the application, indicating the reason for this signature [Refer to Application Process]. A signature from the applicant or one of the individuals listed above is still necessary to determine eligibility.

In the case of an applicant who can only sign with an “X” mark, the EW must witness the action and confirm the applicant’s identity.

Reminder: Authorized Representatives cannot sign the SSP 14. [Refer to Application Process].

Married Couples

Each person applying for CAPI or certifying continued eligibility for CAPI benefits must complete his or her own CAPI application forms and comply with all requirements. If both members of a married couple are found eligible for CAPI, the benefit amount will be determined using the couples’ payment standard and the monthly payment will be divided evenly among the spouses. (MPP §49-055.4). Each of the spouses will receive his or her own CAPI payment each month. When CAPI benefits are approved, denied, suspended, terminated or reinstated, a separate Notice of Action must be sent to each of the spouses at his or her address of record.