This letter transmits revisions to rules with the proposed effective date of July 1, 2008. If there are any changes made to any of the rules during the JCARR review period, corrected rules will be sent out in the next CAMTL. This cover letter includes a summary statement of policy changes. Each statement references the clearance control number (CCN) assigned when the policy change was placed into the clearance process.

Section 119.032 of the Ohio Revised Code requires a review of all state agency rules within a five-year period. The purpose of this review is to determine whether a rule should be continued without amendment, be amended or be rescinded, taking into consideration the rule's purpose and scope. In addition, the intent of the review is to ensure that rules are clear and concise as written, program requirements are accurate and up-to-date, unnecessary paperwork is eliminated, and, when possible, local agencies are given more flexibility.

CHAPTER 1000

Rule 5101:1-2-10 Ohio works first (OWF)/disability financial assistance (DFA)/refugee cash assistance (RCA): the reapplication requirement. (CCN 6182)

The following changes have been made to this rule:

• Language pertaining to the reinstatement of benefits following a three-tier sanction, has been added to the rule in accordance with the OWF sanction policy that became effective on October 1, 2007 and was issued in CAMTL #36.
• Reference to county medical services has been changed to the Disability Determination Unit (DDU).
• References to applicant have been changed to recipient.

CHAPTER 2000

Rule 5101:1-23-70.1 Ohio works first (OWF): overpayments of aid to dependent children (ADC)/ temporary assistance to needy families (TANF) cash assistance and/or OWF that occurred prior to July 1, 1998. (CCN 6182)

This rule has been reviewed in accordance with the five-year rule review requirements in Section 119.032 of the Revised Code. All proposed changes to this rule are formatting and grammatical changes only.

Rule 5101:1-23-70.2 Ohio works first (OWF): work allowance overpayment that occurred prior to October 1, 1997. (CCN 6182)

This rule has been reviewed in accordance with the five-year rule review requirements in Section 119.032 of the Revised Code. All proposed changes to this rule are formatting and grammatical changes only.

CHAPTER 3000

Rule 5101:1-5-60 Supplemental Security Income (SSI) Case Management Program. (CCN 6119)

Section 302 of the Social Security Protection Act (SSPA) of 2004 extends the current attorney fee withholding and payment process under title II of the Social Security Act (the Act) to claims for benefits under title XVI of the Act. Title II of the Act refers to the Retirement, Survivor's and Disability Insurance (RSDI) and Title XVI of the Act refers to the Supplemental Security Income (SSI) Program. The Social Security Administration (SSA) will make a direct payment of fees to an attorney or SSA approved non-attorney who successfully represents an SSI claimant.

Section 303 of the SSPA allows the SSA to implement a nationwide demonstration project providing an extension of fee withholding procedures to non-attorney representatives. The SSA will determine the eligibility of non-attorney applicants who wish to participate as representatives of claimants in this new process.

Rule 5101:1-5-60 of the Administrative Code contains the county department of job and family services (CDJFS) SSI case management program policy for Disability Financial Assistance (DFA) applicants and/or recipients who apply for or have claims pending with the SSA under Titles II and XVI. This rule will be rescinded and incorporated into new rule 5101:1-5-60 of the Administrative Code to reflect the policy changes initiated by the SSA.

Action Change Transmittal (ACT) Letter No. 242 "Supplemental Security Income (SSI) Case Management Program Objective and Structure" shall become obsolete with this CAMTL.

Rule 5101:1-5-70 of the Administrative Code, "DFA: interim assistance" will be revised in the near future to reflect coordinated changes in accordance with this rule.

Current Policy

Current language requires that attorneys who represent applicants or recipients applying for SSI and Social Security Disability benefits and are successful in obtaining benefits receive reimbursement for their services by the SSA prior to the issuance of the Interim Assistance Reimbursement (IAR) paid to the CDJFS by SSA. Attorneys who represent DFA applicants or recipients applying only for SSI benefits and are successful in obtaining benefits, are reimbursed for their services by the CDJFS after the CDJFS receives the IAR check from SSA. Prior to this payment, a written contract must occur between the CDJFS and the attorney/representative by completion of the JFS 07365, "Application for Release of Interim Assistance Reimbursement to Attorney or Representative of an SSI Applicant."

Revised Policy

As a result of changes to Section 302 of the SSPA, the reimbursement policy is being revised to reflect that the CDJFS will no longer reimburse an attorney/approved non-attorney who has entered into a fee agreement with the SSA and is successful in representing the claimant for benefits. Effective February 28, 2005, an attorney/approved non-attorney representing SSI only claims will receive reimbursement directly from the SSA.

Under this new procedure, the SSA will provide the CDJFS with a SSA-L8125-F6, "IAR Payment Pending Case: State Due Payment******Priority Handling" at the time that the individual has been awarded an SSI claim for benefits. This form will be sent to the CDJFS to complete the section "State's Account of Reimbursement Claimed." The CDJFS will forward the completed form back to the SSA. The SSA will reimburse the CDJFS for the IAR issued to the recipient while pending the approval of SSI benefits. The attorney/approved non-attorney will then be paid directly by the SSA.

Approved Non-attorney representatives

As a result of changes to Section 303 of the SSPA, the SSA also has implemented a 5-year demonstration project on fee withholding for non-attorney representatives. The demonstration project began February 28, 2005. This project permits non-attorneys who are approved by the SSA the option to have fees withheld and paid directly from the claim by the SSA. Previously, this option was only available to attorneys.

Attorney/Non-attorney representative without fee and/or waiver agreements

Situations exist in which an attorney/non-attorney may not enter into a fee or waiver agreement with the SSA. When this occurs the attorney/non-attorney may enter into an agreement with the CDJFS by completion of the JFS 07365 for successful claim representation.

The JFS 07365, "Application for Release of Interim Assistance Reimbursement" has been revised to reflect changes as a result of this rule for completion by an attorney/non-attorney who does not enter into a fee agreement or fee agreement waiver with the SSA.

The following SSA forms: L8125-F6, 1696-U4, "Appointment of Representative" and the 3368-BK -"Disability Report-Adult" are included for insertion in the CAM Appendix.

CAM APPENDIX - JFS FORMS

JFS 03801-S: "Contrato De Autosuficiencia Ohio Works First (03/2008) (Spanish version)" and the JFS 03801-SO: "Shaqooyinka Marka Hore Ee Ohio (3/2008) (Somali version)"

This transmittal letter publishes the recently translated Somali and Spanish versions of the "JFS 03801 Self Sufficiency Contract (model)".

The "JFS 03801-S: Contrato De Autosuficiencia Ohio Works First (03/2008) (Spanish version)" and the "JFS 03801-SO: Shaqooyinka Marka Hore Ee Ohio (3/2008) (Somali version)" will not be stocked at the ODJFS warehouse.

The Spanish and Somali versions of the Self Sufficiency Contract (model) are posted at the Ohio Department of Job and Family Services (ODJFS) internet and inner web sites: https://jfs.ohio.gov/ofam/cmandfsa.stm and http://www.odjfs.state.oh.us/forms/inner.asp on the ODJFS Forms Central page.

Instructions