FACT 74 (Waivers Extended: Not Requiring Interviews to be Conducted Face-to-Face When Requested by Client; Good Cause Extension for lack of Social Security Number; and Delaying Collection on Newly Established Claims)
Food Assistance Change Transmittal No. 74
August 26, 2020
TO: All Food Assistance Manual Holders
FROM: Kimberly Hall, Director Ohio Department of Job and Family Services
SUBJECT: Waivers Extended: Not Requiring Interviews to be Conducted Face-to-Face When Requested by Client; Good Cause Extension for lack of Social Security Number; and Delaying Collection on Newly Established Claims

Background: On March 9, 2020 Governor Mike DeWine declared a state of emergency for the entire state of Ohio (Executive Order 2020-01D) to protect the well-being of the citizens of Ohio from COVID-19. Additionally, on March 13, 2020, President Trump declared a national state of emergency due to the COVID-19 pandemic.

The Families First Coronavirus Response Act (Public Law 116-127) became law on March 18, 2020 and provided states the ability to seek waivers to expand flexibility of programs to ease administrative burden of issuing Supplemental Nutrition Assistance Program (SNAP) benefits while under a state of emergency.

As part of this effort, the Ohio Department of Job and Family Services (ODJFS) received various waiver approvals from the United States Department of Agriculture, Food and Nutrition Services (FNS). The waivers, include: not requiring interviews to be conducted face-to face when this interview method is requested by the client; extending the time frame for good cause if an individual is not able to provide a social security number (SSN) due to the closure of the local Social Security offices; and delaying collection on newly established overpayments. ODJFS must request an extension of these waivers month-to-month.

Update:

FNS has approved ODJFS to extend the following waivers through September 30, 2020: not requiring an interview to be conducted face-to-face when this interview method is requested by the client; extending the time frame for good cause if an individual is not able to provide a social security number (SSN) due to closure of the local Social Security offices; and delaying collection on newly established overpayments.

Face-to-Face Interview

Through September 30, 2020, a county agency is not required to conduct a face-to-face interview when an applicant requests this method. If a face-to-face interview is requested, the county agency can schedule it to be conducted by telephone.

SSN Good Cause

All local Social Security offices were closed to the public for in-person services starting March 17, 2020. Closure of the offices created a hardship for individuals needing to apply for a social security number (SSN) or request a copy of a social security card for themselves or a family member. Supplemental Nutrition Assistance Program (SNAP) regulations require that households participating or applying for SNAP benefits to provide the SSN for each household member or apply for one before certification.

When a SNAP applicant or recipient fails or refuses to provide an SSN, Ohio Administrative Code rule 5101:4-3-22 (C) states, in part, that the county agency shall explain to the individual that failure or refusal, without good cause, will result in a disqualification for the individual. Paragraph (C)(2) goes on to state, in part, “…. when the applicant can show good cause for why a SSN has not been completed in a timely manner, that person shall be eligible to receive SNAP for one month in addition to the month of application.”

As a result of the waiver extension the good cause timeframe, for failure to provide SSN, will be extended for three additional months, for a total of 5 months starting with the month of application. The additional three months can be added to assistance groups who are already in receipt of good cause and to new applicants through September 30, 2020.

The change in good cause timeframes will need to be tracked outside of the system and the change must be documented in the journal notes that a good cause extension was granted under a COVID-19 waiver.

Claims Processing

Rule 5101:4-8-15 (L)(2) of the Ohio Administrative Code states that “when a potential claim exists, within five months of the ‘discovery or referral date’, the county agency shall investigate, obtain verification, calculate the claim and mail the initial demand notice which is the ‘established date’ unless a potential intentional program violation exists.” As a result of the waiver, any claim established after the date this FACT is published shall not have an initial demand notice mailed to the individual until after September 30, 2020.

ODJFS must report to FNS the number of cases whom had initial demand notices that were delayed. County agencies shall track the number of cases and then send an email to their Fraud Control Specialist or the BPI_FCS mailbox (BPI_FCS@jfs.ohio.gov) during the second week of October 2020, but no later than Friday October 9, 2020.