Verifications

All required verifications must be provided for an application to be considered complete.

The primary verifications required for ALL applicants include:

• Age
• Immigration status
• Blindness/Disability
• Income
• Resources
• Living arrangements, and
• Sponsorship information (e.g. Affidavit of Support, sponsor’s income and property)

Age

Acceptable verification of age includes:

• Birth certificate, validated copy of a birth certificate;
• Baptismal record;
• Verification of previous receipt of SSI/SSP based on age;
• Verification of receipt of SSA benefits based on age;
• Proof of current Medi-Cal eligibility based on age; or
• USCIS documentation such as an I-551, I-94 when the date of birth is noted.

Immigration Status

Verification of citizenship or immigration status is required to determine CAPI eligibility. [Refer to “Noncitizen Categories & USCIS Codes” in the Common Place HB]. Immigrant status must be reviewed at EVERY intake.

If, at any time, the worker becomes aware of any change in the immigrant’s status that could affect the individual’s eligibility for CAPI, the recipient must be notified to take the appropriate action. Appropriate action may include the requirement to file for SSI/SSP if the change in status would make the individual eligible for federal benefits.

Expired Legal Permanent Resident (LPR) Cards

An expired LPR card must be accepted as valid verification if it can be verified that the applicant has a current lawful permanent resident status.

The immigration status of a CAPI applicant must be verified before benefits can be approved. If an applicant presents an expired LPR card, the immigration status must first be verified through a SAVE query. If the initial SAVE query does not provide verification, a secondary SAVE must be initiated.

CAPI benefits of an applicant with an expired LPR card, who is meeting all other eligibility criteria, can only be denied if the applicant’s immigration status can not be verified after making all efforts to obtain such verification.

The LPR card and SAVE reports must be scanned to Imaging. A thorough Journal Entry must be included in the case indicating why an expired LPR card was accepted.

The Eligibility Worker must inform applicants/recipients with expired LAPR cards that they may visit www.uscis.gov to begin the LPR card renewal process, or may go to the nearest USCIS field office to obtain further assistance.The EW must also inform the applicant/recipient of the USCIS Request for Fee Waiver form I- 912 that may also be obtained from the USCIS website.

Sponsorship

If the applicant is sponsored, sponsorship status must be verified, as well as any claims of death of the sponsor, disability of the sponsor or abusive actions of the sponsor or the sponsor’s spouse.

Note: If a LAPR immigrant alleges no sponsor, verification of that LACK of sponsorship must be obtained from USCIS.

Affidavit of Support

A copy of the Affidavit of Support signed by the sponsor must be on file whenever sponsor-deeming applies. The client can request a copy from USCIS under the Freedom of Information Act, if the Affidavit was lost or destroyed.

Refer to Definitions for a description of Affidavits of Support.

Refer to “New Affidavit of Support” (I-864) for detailed information.

Sponsor’s Income/Resources

The sponsor of an immigrant must provide verification of income, resources, and living expenses. A “CAPI Sponsor’s Statement of Facts Income And Resources” (SOC 860) or “Sponsored Noncitizens Applying for or Receiving Cash Aid and/or CalFresh” (SAR 22) MUST be completed by the sponsor and scanned to Imaging. The “Sponsor Alien Deeming Worksheet” (SOC 454) MUST be completed by the EW PRIOR to the approval of CAPI benefits.

Note: For CAPI only cases SOC 860 must be used. For cases with CAPI and CalFresh the SAR 22 may be used.

Reminder: For extended CAPI applicants, the sponsor-deeming period is 10 years, regardless of which Affidavit the sponsor signed.

Deceased Sponsor

A death certificate or newspaper obituary notice is required to verify the death of an immigrant’s sponsor.

Disabled Sponsor

If the sponsor is disabled, he/she must provide a medical verification that his/her disability is expected to last at least 30 days and significantly impairs the sponsor’s ability to be regularly employed or participate in Welfare-To-Work activities. The sponsor is required to be actively seeking treatment.

Abusive Sponsor

If the sponsor or the sponsor’s spouse is abusive to the immigrant, one of the following verifications must be provided:

• Sworn statement from victim, or victim’s representative when the victim is not competent, AND police, government agency, or court records or files; OR
• Documentation from a domestic violence program, legal, clinical, medical, or other professional from whom assistance was sought; OR
• Statement from another individual with knowledge of the circumstances upon which the allegation of abuse is based; OR
• Physical evidence of abuse.

Note: When the previously listed items are not available, a sworn statement will be accepted if it is determined the victim is credible and the EW has documented this determination in a Journal Entry.

Definition of Abuse

Abuse is defined as assaulting or coercive behavior that includes, but is not limited to physical abuse, sexual abuse, psychological abuse, economic control, isolation, stalking, and threats or other types of coercive behavior.

Mandatory Referral

If a person is applying for CAPI on the basis of abusive sponsor and/or sponsor’s spouse, a referral to APS or CPS is MANDATORY.

Blindness / Disability

Medical verifications are required when the application is based on blindness or disability.

Current Determination

A current determination of disability is one that has not lapsed due to benefit termination. A determination established for one of the following programs is acceptable verification of blindness or disability for CAPI:

• Title II Social Security,
• SSI/SSP, or
• Medi-Cal.

Note: A new DDSD referral is still needed for sponsor-deeming disability evaluations even if there is a current DDSD determination and client’s disability-based Medi-Cal is active.

Disability Evaluation

If there is no existing verification of a physical or mental disability from Social Security, SSI/SSP, or Medi-Cal, a SP-DDSD referral must be completed for CAPI eligibility based on disability.

Note: If the disabled individual is age 65 or over, CAPI benefits may be paid on the basis of age while the disability determination is pending.

Presumptive Disability

If an individual’s blindness / disability meets one of the presumptive disability conditions listed below and the individual meets all other CAPI eligibility criteria, CAPI benefits may be paid presumptively pending the final disability determination from the “State Programs-Disability Determination Service Division” (SP-DDSD). A presumptive disability determination MUST be documented in the case record.

Presumptive CAPI payments are LIMITED TO SIX (6) MONTHS.

The case must be reviewed at the beginning of the sixth month from the date of initial payment to determine appropriate action. Presumptive aid payments must be stopped at the end of the sixth month, even if the SP-DDSD is still pending.

Note: Payments based on a presumptive disability are NOT considered overpayments if the applicant is ultimately determined to be NOT blind or disabled.

 

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Income

All income, both earned and unearned belonging to the client and/or the client’s sponsor/sponsor’s spouse MUST be verified prior to the approval of CAPI benefits.

Resources

All resources belonging to the client and/or the client’s sponsor/sponsor’s spouse MUST be verified prior to the approval of CAPI benefits.

Living Arrangements

The client’s living arrangements MUST be verified. If the client does NOT reside alone, a “CAPI-Statement of Household Expenses and Contributions” (SOC 453) must be obtained.

In Home Supportive Services Referral (IHSS)

If the CAPI applicant/recipient answers “YES” to questions 14 (a) and (b), or expresses the need of assistance with personal care or hygiene, dressing, taking medications, etc., the client must be provided with the contact phone number for In-Home Supportive Services (408) 792-1600.

Related Topics

Definitions