Category: Public Policy
A Second Chance
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Reentry Project Grant Funding
The U.S. Labor Department’s Reentry Project Grant Program is the primary funding source of Project Clean Slate in Detroit and $4.5 million was reawarded on June 27,2017. Nearly $73 million was awarded in grant funds to 32 service agencies throughout the country to strengthen access to opportunities for individuals in communities with high poverty and crime rates. The goal is for organizations to develop new models of service with evidence-based practices to improve job opportunities and outcomes for these at-risk individuals and communities. Benefits of Good Public Policy The Reentry Grant Program is noted as “good public policy” by Eric Seleznow, Deputy Assistant Secretary in the U.S. Labor Department as it serves the dual purpose of reducing recidivism for ex-offenders and promoting harm-reduction for the public. There is clear evidence of the criminal reoffending when s/he does not successfully overcome barriers to reenter society. Public safety is the reward of such programs as Project Clean Slate in Detroit and other high crime areas when ex-offenders are allowed access to legitimate employment opportunities. |
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State of Michigan Eligibility Criteria for City of Detroit Project Clean Slate
You are not eligible for Set Aside (Expungement) in the State of Michigan if:
- It has been less than five (5) years since your release from prison, discharge from probation or parole
- If you committed or attempted to commit a felony for which the possible maximum punishment is a life sentence including, but not limited to, murder, armed robbery, etc.
- If you have been convicted of any offense classified as “Criminal Sexual Conduct” (CSC) in the First (1st) through Third (3rd) degrees or assault with intent for such conduct (including attempt).
- If you have been convicted of CSC in the Fourth (4th) degree and have more than two minor offenses.
- If you have been convicted of child abuse in the Second (2nd) degree.
- If you have been convicted of child pornography.
- If you have been convicted of an internet or computer offense.
- Any traffic violation is unable to be Set Aside, including drunk driving offenses.
- If you have a felony conviction of domestic violence in addition to a misdemeanor domestic violence offense.
- If you are convicted of a human trafficking crime and cannot prove that you were a victim of human trafficking.
- If you are convicted of an act of terrorism.
- If you have more than one felony, or more than two misdemeanor offenses.
Was this post helpful? Leave a comment and share your thoughts. If you are in need of case management services or assistance, please contact us by completing the confidential Contact Form. Also, consider donating to continue this important work and expand our reach to the broader community.
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Related Posts:
Returning Citizens
http://www.canmichigan.com/returning-citizens.html
Ban-the-Box Laws: Employment Rights For Felons
http://www.canmichigan.com/blog/ban-the-box-laws-employment-rights-for-felons
Community Reources
http://www.canmichigan.com/community-resources-michigan.html
Links:
Detroit Wins Grant to Help Ex-Prisoners Find Jobs
https://www.freep.com/story/news/2015/06/30/detroit-prisoner-reentry-federal-grant/29519905/
City of Detroit Project Clean Slate (Official Website)
http://www.detroitmi.gov/projectcleanslate
U.S. Department of Labor Announces Over $72M in Grants to Improve Employment Opportunities For Justice Involved Individuals
https://www.dol.gov/newsroom/releases/eta/eta20170627
Detroit, MI Crime Rates
https://www.neighborhoodscout.com/mi/detroit/crime
City of Detroit 2016 Crime Statistics
http://www.detroitmi.gov/2016-Crime-Statistics
Detroit’s 100,000-Plus Convicted Felons Need Jobs Too
https://www.mlive.com/news/detroit/index.ssf/2016/07/detroits_100000-plus_convicted.html
Michigan’s Freedom of Information Act (FOIA)
http://www.legislature.mi.gov/(S(u2prly201xnqt0fdouvlbdy0))/mileg.aspx?page=GetObject&objectname=mcl-act-442-of-1976
felony_expungements`.pdf | |
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Analysis of socioeconomic disparities: poverty and welfare, value systems and political motivations in the context of human behavior that influenced the 2016 presidential election of Donald Trump.
Sociological Theories of Human Behavior Ecological theory, also known as the medical model considers the physical, chemical and biological factors that affect human behavior. Systems theory considers all factors that come together as a system which contribute to individual behavior. The person-in-environment approach posits that individuals are affected by their environment, and, in turn, affect the environment. Therefore, human behavior is inextricably understood by environmental influences. |
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One study of human behavior published in the Science Advances Journal classified 90% of the human population into four (4) basic personality types: optimistic, pessimistic, trusting, and envious. Identifying envy as the most common. This is important in the consideration of economic and political motivations during the 2016 Presidential Election.
As we continue our dialogue on the various facets of poverty, welfare and inequality there will be a series of articles discussing their realities in an affluent country like the United States.
By most standards we are the wealthiest, most powerful nation in the world, yet millions lack basic resources and opportunities for advancement. So, our political choices can drastically improve or damage these already extreme conditions.
The Trump Election
On November 8, 2016, the country was blind-sided when Donald Trump was elected U.S. President. Pollsters said it would never happen. But, here we are. So, everybody went back to the drawing board scrambling to figure out, ‘how did this happen?’ It seemed a common trend after the election that pollsters tended to lean and focus their efforts solely on bi-partisan issues and allegations of political corruption to explain the outcome of the election. Some (in the mass media) tapped into the racially-fraught political agenda on the horizon but stopped short of thoroughly analyzing the realities of economic status and made fleeting assumptions about exactly who may be most affected by Trump’s signal to reconstruct policies on welfare reform. So, in the aftermath, there were lots of questions. But, let’s look at some of the very real sociological, economic and political factors more common to the general polity which can be more or less political-savvy that may have tipped the scales. |
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Inquiring Minds Want to Know
First, many wondered (after the initial shock and, then again, after seeing the exit polls): “Why would so many women and Hispanics vote for Trump?’ Others asked, “Are evangelicals really powerful enough to pull this off?” Not to mention the strong convictions evangelicals carry about homosexuality, no less, gay rights. A critical position lost on Obama’s part with this demographic. Still, why would these morality-lifestyle preaching, family-values connoisseurs cast their lot with a crotch-grabbing, three-time married, shady business-dealing, confirmed philanderer.
But, more relevant to the point, the next looming question was this: “Why would so many of the nation’s poor vote for Donald Trump? Everybody knows he’s representing the rich, so why would poor people no matter the race or ethnicity vote against their own interests?” Well…there may be answers to this question most never fathomed.
Let’s review some of the possible social, political, and economic factors based on what we know about each of these demographics that may have influenced the outcome of the 2016 election.
Hispanics
While sharing many of the same Christian-beliefs it was assumed that even right-leaning Latino/Hispanics would reject the anti-immigrant rhetoric of the Trump campaign. Yet, a significant amount of Hispanic men opted for the Republican ticket.
So, who were the “Hispanics for Trump” voters?
It could be rationalized that Hispanics have a cultural concept known as ‘machismo’. That is, male machoism. Could it be that Trump’s concerted effort to brandish himself as a man of strength hold captive an audience of men in this community? If so, then we can see how it may be possible that our Hispanic citizens (particularly the men) would rather vote for Trump than to elect a woman. But, that’s just one social context.
(Machismo is a sociocultural fact, by the way).
Besides male machoism, things like respect, dignity, and family values also rank high in interpersonal values with this group. As it relates to respect and dignity, concepts of hard work such as “pulling yourself up by the bootstraps” or self-reliance may have forged an emotional climate with the overall conservative agenda, even if Trump felt a little different.
On the economic front, Hispanics experienced a pecuniary surge in 2013 that surpassed African-Americans in real median household income, according to the U.S. Census Bureau. At last reporting in July 2017, Income and Poverty Reports show a $59,039 median household income in 2016 for all Americans (individuals and families). Real median income for white households was $61,858 and $65,041 for whites (non-Hispanic). The median household income was $39,490 for black households and $47,675 for Hispanic households.
This is a considerable increase in social and economic status for Hispanics whose median household income was just $27,588 in 1995.
Politically, this demographic also experienced an uptick in their share of the electorate at about 11%, up from 10% in 2012. However, voter participation of this group likely increased due to their population growth which may have also complicated the vote.
According to Latino/Hispanic community leaders, a combination of party loyalty and religion won out with this group as many opposed the skew toward gay rights and religious liberties of the Obama era. In addition, the majority of the population felt hopeful regarding Trump’s campaign promise to “give them a voice.”
Finally, we have to distinguish between the terms Latino and Hispanic and how each segment of this group identify. Yes, there are general cultural concepts within this demographic. But, the broad cultural diversity of Spanish-speaking groups and the countries they migrate from including Puerta Ricans, Mexicans, Cubans, Dominicans, Central Americans, and South Americans have differences and identify ethnically in different ways.
So, when Trump and his supporters chant, “Build the Wall…!”, maybe Cubans and Puerta Ricans, for example, didn’t take it personal and felt that it didn’t apply to them.
Women
The social construct of gender is the most basic and pervasive unit of diversity. Meta-analysis studies on gender differences in cognitive abilities, personality traits, and social behavior between men and women generally show no more than a 5% variance. More specifically, research findings reveal greater differences within genders than between genders. That is, women differ more from other women than they do from men.
As such, let’s examine potential motivations and socioeconomic factors that may explain female political behavior during the Trump election.
We will focus on the white female vote since Hillary carried the minority vote with black and Hispanic women at 94% - she also (technically) outshined Trump with college-educated white women. Still, a great number of white female voters were underestimated.
Cambridge University Press cited party affiliation, sexism, and racial resentment – similar to white men on these biases in explanation of the voting preferences of white females in 2016. Hillary Clinton cited pressure from dominant white men, whether a spouse, boss, or a son for the reason why this demographic tapped the Trump-Pence ticket.
The assumption is that married white women support their husband’s choices because they earn less money and have less power making them financially-dependent on their men. According to an article in the Washington Post, it is within the interests of (married) white women to support political platforms and policies that protect their husbands and improve their status.
Hillary Clinton’s assertion deeply offended many women because she seemed to unilaterally draw on the psychology of female oppression alone. In fact, hierarchies of domination are experienced simultaneously but also differently by different types of women. Modern psychology also suggests familial and cultural influences weigh heavily on the development of gender identity and sense of self. So, contrary to popular belief, millions of educated, professional, independent women who voted for Trump at a rate of 40% were not under the direst of spousal or some other male-dominated pressure at the polls.
While the real median income of white households declined 1.7% between 2013 and 2014, the incomes of women (not race specified) increased by $1.6 million compared to men at $1.2 million during the same period. That is, despite economic disparities in the household and workforce, women began out-earning men by a whopping $400,000 in the years leading up to the 2016 presidential election.
So, men may not necessarily be the breadwinners in the household these days where women are coerced to act based on their husband’s wishes to secure their future. And if that is the case, then nearly half of this demographic voted for Trump despite his rollback on female reproductive rights and unabashed agenda to restore a patriarchal structure in society.
This was problematic when feminists tried to galvanize female solidarity against his presidency just a month later for the Women’s March. But, women rallied together, once again, for a nationally successful protest that solidified the #MeToo Movement. Still, why not vote the candidate who would have broken the ultimate glass ceiling then we wouldn’t have this battle to fight.
So, maybe we have to look at gender dynamics between women to better understand the outcome of the election. Did a large proportion of the female demographic simply distrust Hillary?
Evangelicals
It remains a source of contention and mystery how Christians could reconcile religious adherence to Jesus with Trump’s immorality, immigration policies, blatant disregard for the poor, and the like. But, in order to elucidate the meaning of political behavior amongst this group we have to understand the historical context of religion in this country. Next, we must understand the cultural transformations taking place during the 70s and 80s that resurrected religious movements to combat social policies believed to take God out of American life.
It is important to note how strongly U.S. social welfare history has been influenced by Christianity than any other world religion but also the major historical trends that have shaped religion in the United States.
But, first, here are a few examples of religion’s current influence on American politics:
- Jerry Falwell founded the Moral Majority in 1979, a political action group that supported prayer and the teaching of creationism in public schools and opposed abortion, the Equal Rights Amendment, and gay and lesbian rights.
- Rob Parsley, Pastor of World Harvest Church in Columbus, OH created the Center for Moral Clarity (CMC) in 2004. The CMC is a self-proclaimed grassroots organization advocating for public policies that reflect biblical principles on matters of life, faith, marriage, family and religious liberties, social justice, and citizenship. Its vision statement professes non-partisanship and allegiance to “values voters” who wish to shape public policy by having Christian ideals represented in government. It denounces labels such as “Religious Right” or “Religious Left”.
- Pastor Andrew Wommack of Cornerstone Church in Colorado Springs, toting an impressive resume introduced his version of moral theocracy for America.
He is the founder of Andrew Wommack Ministries which sponsors his national and internationally-syndicated radio and television program “The Gospel Truth” where he is also host. He is founder and president of the Charis Bible College and the Association of Related Ministries International (A.R.M.I.). Pastor Wommack has established the Practical Government School, the first of its kind, within the Charis Bible College to train future political leaders. It is through these platforms, that Pastor Wommack and his cohorts decry the compartmentalization of secular issues from biblical values in politics.
The common thread between all three examples of interjecting Christian morality into politics are centered on four major issues: abortion, sexual orientation, marriage, and religious freedom. But the issues of poverty and inequality are rarely, if ever, mentioned. It is, therefore, questionable to many how Christians can summarily prioritize matters of personal choice over the needs of the poor in the course of doing “God’s work”.
Well, there’s a couple things at play here. On one end, because of constitutional changes such as abortion and gay rights religious leaders have become embattled with government over statutory regulations which are in violation of biblical principles. That is, because these issues have become “legalized”, when pastors preach against certain things, even from their own pulpits, churches are at worst, subject to legal action; or, at least, threatened by the loss of their non-profit status which protects them from taxation.
On the other hand, the United States is one of the most highly religious countries in the world. According to a study at University in Michigan about 46% of American adults attend church at least once per week. The vast majority of Americans also want their leaders to be religious. Despite the constitutional mandate to separate church and state, a study by the Pew Forum on Religion and Public Life showed that 72% of American adults agreed that U.S. President’s should have strong religious beliefs (Karger & Stoesz, 2014). A similar study was conducted in the UK where 74% of citizens stated that religion should be a private matter and not have special influence on public policy.
But, let’s look at the historical context. Although the roots of social welfare are rooted in Judeo-Christian tradition which emphasized communitarianism, the philosophy of European Protestants prevailed during colonial times known as the Protestant Reformation. Christian forefathers such as Martin Luther viewed work as a responsibility to God. He preached that work conferred dignity and was a “calling” by God. In Luther’s view, man served God by doing the work of his vocation and persons who are able-bodied and unemployed were sinners.
John Calvin, another ecclesiastical theologian and statesman went further claiming that work carried out the will of God, and, as such, would ultimately help establish God’s kingdom on earth. Both Luther and Calvin believed that God-fearing people must work regardless of wage or type of employment. It was their belief that God commanded work, therefore the country was tasked with providing opportunity, and economic success became a sign of divine favor.
It is these sentiments that predominate religious circles today where poverty is viewed as “ungodly” and prosperity is distinguished not just as a sign of God’s blessing but His divine approval. Hence, the prosperity movement prevalent in current evangelical Christianity.
Herein lies the social context. This worldview references the concept in social sciences known as “material determinism.” It is the ideology that a culture’s material elements determine its values and beliefs, which in turn serve to maintain and perpetuate the material culture.
Karl Marx, 19th century philosopher, touted material determinism as a rationale for exploitative capitalism practiced by most industrial societies. He asserts that industry engendered low self-esteem among workers, and workers passively accepted the notion that competition and free enterprise were virtuous as well as their societies’ idealized vision of work. In Christendom, it is called the “Protestant work ethic” and it became the moral basis for capitalism.
Capitalism depends on the exploitative labor of the poor. For this reason, there is an express interest in poverty in order to have a system of winners and losers…haves and have nots. Understand that wealth is derived or accumulated through the poor - owners live off renters, and in biblical vernacular, “…the borrower is slave to the lender” (Proverbs 22:7). So, capitalistic societies will never rid itself of poverty because it is the basis of wealth. As the upper echelon decries the dependency of the poor (on government welfare), no one talks about the hidden reliance of the rich on the poor to build wealth.
Three times Jesus said, “…the poor will be with you always…” (Matthew 26:11, Mark 14:7, and John 12:8). It is no doubt He knew that poverty is not only socially engineered. That is, poverty is an inevitable evil wrought and maintained by the greed of man.
Then to seal the deal, democracy itself set forth a form of egalitarianism (equal rights, equal citizenship) but closely related was individualism which denied guarantee of the right to equal resources. As life, liberty, and the pursuit of happiness was left to the idea of individual effort and motivation. Individual responsibility exonerated society from liability of personal failures for individuals who cannot not reach or achieve success on their own.
When we deal with poverty and welfare in the contemporary Christian context, there should also be a consideration of social policies that influence political behavior. We’ve already discussed hot-button political issues such as abortion and gay rights and how churches may be adversely impacted with legal and economic sanctions. Now, lets review an economic benefit of social policy for the Christian church.
President Bill Clinton established the Charitable Choice provision (Section 104) under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) also known as the Welfare Reform Act. It was during this time that evangelicals began to redress social services as a duty of the church circling back to origins of social welfare during the 18th century which were handled by traveling missionaries.
The Charitable Choice provision grants federal-funding to churches or faith-based organizations (FBOs), administered by the States, and opened the door to the faith-based social services usually for emergency food and shelter programs.
President George Bush was a fan of Charitable Choice and established the White House Office of Faith-Based and Community Initiatives with units in five (5) federal departments:
- Department of Labor (DOL)
- Department of Justice (DOJ)
- Department of Housing and Urban Development (HUD)
- Department of Education (DOE)
- Department of Health and Human Services (DHHS)
Are faith-based organizations functioning as Political Action Committees (PACS) structured under religion? PACs are political organizations that raise money privately to influence elections, ballot initiatives, or legislation especially at the federal level. PACs are not lobbyists, but they certainly may finance them.
The racial divide at the exit polls showed whites favoring Trump in every age group and at a higher percentage with age. The same is true for minority voters who were in favor of Hillary. Voters also split across lines on the education level as it revealed non-college educated white women preferred Trump over Hillary.
While Trump carried an estimated 40 – 45% of college-educated white women, Hillary maintained the majority vote of this demographic as well.
But. let's examine the socioeconomic history of women and femininity in this country.
A theory known as the feminization of poverty purports that traditional gender roles keep women poor because it impinges on their ability to secure and accumulate economic resources and reinforces her dependency in the family. Statistics show that divorced women, teen mothers, and women over the age of 65 are more likely to live in poverty. Women also traditionally earn less than men. This is stratified by both gender and ethnicity making Hispanic and African-American women the most vulnerable.
The expansion of the welfare state began its decline during the 80s and gained traction with conservatives “Contract with America” spearheaded by House speaker Newt Gingrich. President Bill Clinton closed the gap with the advent of Temporary Aid to Needy Families (TANF) which made welfare both transitional and temporary stripping the entitlement structure from benefits. In effect, decreasing the federal government’s role in social programs.
The GOP strategy of retrenching or eliminating elements of the welfare state launched in the 1980s had four main purposes:
- reform domestic spending programs
- redistribute income upwards
- cheapen the cost of labor
- weaken the political influence of unions and popular social movements (i.e. The Civil Rights Movement).
The strategy also began the trend of businesses pushing to lower the cost of production and depressing American wages. This was accomplished in two (2) ways:
- export labor to third world countries
- corporate downsizing
This benefitted companies in other ways besides a reduction in production costs although the quality of products and services was also lowered but corporate taxes were nearly non-existent. It also began the elimination of the American middle class.
Although many politicians and citizens alike refuse to recognize legislative strategies that adversely affect the lives of people, government policies are the blame for the feminization of poverty. Poor women, like other minority groups, are blamed for their personal failures citing things like ethnic deficiencies and feminism (as a moral failure) for their poverty conditions. In the 1980s, illegitimacy and welfare became the purported hallmarks of the nation’s biggest social problems when in reality, the majority of single mothers were widows.
But political approaches can and usually do influence changes in the family structure. In fact, the marriage rate has long been on the decline while divorce and single motherhood continue to rise. Women were then forced into a gender-segregated labor market often in contingency jobs without health and childcare, and little financial security.
The conservative approach has and continues to perpetuate the idea that welfare encourages dependency by rewarding laziness, family breakups, and illegitimate pregnancies. That is, women are even blamed when men simply walk away or abdicate their familial responsibilities, even to children. Thus, began the long fight to control female reproduction, marital status, childrearing, and even job choices that is sexism.
Here a few of the policies that reinforced female poverty:
- Omnibus Budget Reconciliation Act of 1981 (OBRA)
- Family Support Act of 1988
- Work and Responsibility Act of 1994 – a prerequisite to Clinton’s PRWORA Act introduced by the late Democratic Senator Sam Gibbons (Florida’s 11th District)
- The Personal Responsibility and Work Opportunity Act of 1996 (PRWORA)
So, when it comes to economics, it is not as clear how any impoverished group, even whites, would “vote against their own interests” and elect to resurrect archaic ideologies of racial superiority (hence, the rant “Make America Great Again”) over matters of self-preservation and well-being like healthcare and income safety nets that is clearly needed.
Although the white population has the lowest rate of poverty, they also have the largest percentage of beneficiaries who rely on most major anti-poverty programs than any other racial group or population. Still, there is a growing trend of “welfare backlash” (whites opposing welfare) that fuels the GOPs latest outcry for welfare reform.
The assumption, here, is that the loss of income has become a perceived threat to white status due to minorities, particularly those on welfare who are believed to be draining the country’s resources. Political propaganda, in large part, can be blamed for this when false and misleading information is unscrupulously fed to the public. Unfortunately, this is common practice on the left and right sides of the aisle leaving a great deal of the public fallen prey to political agendas rather than making educated decisions about policy issues and voting preferences.
Let’s review some of the actual statistical data from the U.S. Census Bureau.
According to the U.S. Census Bureau’s Annual Income and Poverty Report (2014), income and poverty estimates did not include noncash benefits but was based solely on gross income. However, for the first time, a synonymous report was released on the same day using the Supplemental Poverty Measure (SPM). The Supplemental Poverty Measure (SPM) was developed by the Obama administration in 2011 as an alternative to the Federal Poverty Line (FPL), our current poverty measurement system since 1964.
The Supplemental Poverty Measure (SPM) is intended to present more accurate poverty estimates by including in-kind (noncash) benefits such as food stamps, Medicaid, housing subsidies, and other welfare benefits and counting them as income.
It should be noted that poverty measures such as the FPL and SPM are important because they provide the public and federal government information about the economic well-being of American citizens. They also provide useful information about how those living in poverty are affected by federal policies. Additionally, the use of annual poverty measures may be useful in providing general information regarding labor force participation, income sources, and amounts but fail to yield substantial information about economic mobility. According to the U.S. Census Bureau, it is estimated that poverty measures based on longer time frames (e.g. 4 years) rather than shorter periods (e.g. 1 year) would yield, on average, lower overall poverty rates.
Data from the Income and Poverty report suggests that real median income of white households (non-Hispanic) declined 1.7% between 2013 and 2014 but were not statistically significant from black, Asian, and Hispanic households. Women’s income increased $1.6 million between 2013 and 2014 compared to the earnings increase of men by $1.2 million.
The median household income for all Americans was $53,657 in 2014 slightly lower from $54,462 in 2013 but not statistically significant. The Income and Poverty report states that the year 2014 marked the third consecutive year that the annual change was not statistically significant after two (2) consecutive years of decline in median household income.
Household Median Income by Race 2014 (U.S. Census Bureau)
White $56,866 White (non-Hispanic) $60,256 Black $35,398 Hispanic $42,491
Household incomes for non-Hispanic White households declined 1.7% in 2013 from $61,317 to $60,256 but were not statistically significant for black, Asian, and Hispanic households. The last increase in median household incomes for black and non-Hispanic White households was in 2007, Asians in 1999, and Hispanics experienced the last median household increase in 2013. Comparing the 2014 income of non-Hispanic White households to other households, change in the ratio to black households has not been statistically significant from 1972 – 2014. Over the same period, comparing the Hispanic to non-Hispanic White household income ratio declined from 0.74 to 0.71. That is, the income and wealth gap between whites and Hispanics are closing at a faster rate than between whites and African-Americans.
The official poverty rate on the national level in 2014 was 14.8%. That is, 46.7 million people were poor in 2014 and was not statistically significant from the previous year. The 2014 poverty rate was 2.3 percentage points higher than 2007 (one year before the last recession) but was also not statistically significantly between racial demographics from the previous year.
More specifically, the national poverty rate for non-Hispanic White households was 10.1%, lower than the poverty rates for minority racial groups. Non-Hispanic Whites accounted for 61.8% of the population and 42.1% of the people in poverty (U.S. Census Bureau, 2014).
The black poverty rate in 2014 was 26.2% with 10.8 million living in poverty. This is significant because African-Americans only represent 13% of the total U.S. population. The Hispanic poverty rate was 23.6% with 13.1 million people in poverty. Poverty estimates for 2014 were not statistically significant from the previous year.
It should be noted that 13.5% of working-age adults (aged 18 to 64) were in poverty compared to the 10% poverty rate for seniors (aged 65 or older).
Poverty Statistics by Characteristics 2014 (U.S. Census Bureau)
White 12.7% White (non-Hispanic) 10.1% Black 26.2% Hispanic 23.6%
Notice that total numbers and percentages of any measurement may or may not be statistically significant. That is, measurements of the number and percentage of people living in poverty, for example, may rise or fall in any given year to the next without change to its statistical result, interpretation, or percentage rate.
A link has been provided to the 2016 poverty statistics for review.
Values have always underpinned human behavior - they also permeate our political system and direct social welfare policy. Whatever culture, perspective, or period in time, values tell us what we ought to provide and how we ought to deal with deviants (those who stray from the norms).
Values and attitudes are typically cloaked in religious, moral, or patriotic terms so much so that we accept them as facts rather than beliefs. When a worldview, political orientation, or behavioral response is value-laden rather than based in fact we can never be truly objective. For this reason, it is important not to draw conclusions, base judgments, and certainly make political decisions on value systems alone. Even what is known should always be tested.
Was this post helpful? Leave a comment and share your thoughts. If you are in need of case management services or assistance, please contact us by completing the confidential Contact Form. Also, consider donating to continue this important work and expand our reach to the broader community.
Contact Us:
http://www.canmichigan.com/reach-out-to-us.html
Donate:
https://www.paypal.com/donate/?token=u9ZbQw7yTRWAm9K4Yl2MKERd76oKf_lBrejXuVLAx0j5rsSTG72gmICfR9S-bVY4az_Imm&country.x=US&locale.x=US
Related Posts:
The Racial Wealth Gap Explained…A Sociopolitical Perspective
http://www.canmichigan.com/blog/the-racial-wealth-gap-explained
Redefining Social Welfare…Again
http://www.canmichigan.com/blog/redefining-social-welfare-again
References:
Stoesz, D. (2014). American Social Welfare Policy (7th Edition), Pearson Education, Inc., Prentice Hall, Upper Saddle River, NJ
Eitzen, D.S. (2010). Solutions to Social Problems: Lessons from Other Societies (5th Edition), Allyn/Bacon, MA
Links:
Like it or Not, Studies Suggest that Clinton May Not Be Wrong on White Women Voting Like Their Husbands
https://www.washingtonpost.com/news/the-fix/wp/2018/03/13/like-it-or-not-studies-suggest-that-clinton-may-not-be-wrong-on-white-women-voting-like-their-husbands/?utm_term=.6548df213ab4
Millions of Women Voted for Trump, and Didn’t Need A Man To Do It
https://www.washingtonpost.com/opinions/millions-of-women-voted-for-trump-and-didnt-need-a-man-to-do-it/2018/04/26/9e237ae8-496b-11e8-8b5a-3b1697adcc2a_story.html?utm_term=.e4320e56c12d
What Gender Gap? Exit Polls Show White Women Voters Actually Preferred Trump to Clinton
https://newrepublic.com/minutes/138601/gender-gap-exit-polls-show-white-women-voters-actually-preferred-trump-clinton
“Why Evangelicals Support President Trump, Despite His Immorality”
http://time.com/5161349/president-trump-white-evangelical-support-slaveholders/
“Christian Politics” – The Gospel Truth, Pastor Andrew Wommack Television Broadcast
https://www.awmi.net/video/tv/#/2016/week40/wednesday
“Understanding the Poor Will Always Be with You”
https://kairoscenter.org/understanding-the-poor-will-always-be-with-you/
Attendance at Religious Services (Pew Forum Research Center)
http://www.pewforum.org/religious-landscape-study/attendance-at-religious-services/
Pro-Trump Pastor: ‘Trump is the most pro-Black’ President I’ve Ever Seen
http://thehill.com/homenews/administration/400021-pro-trump-pastor-trump-is-the-most-pro-black-president-ive-ever-seen
Why More White Americans Are Opposing Government Welfare Programs
https://www.npr.org/sections/codeswitch/2018/06/08/616684259/why-more-white-americans-are-opposing-government-welfare-programs
Resident Population of the United States by Race 2000 to 2016
https://www.statista.com/statistics/183489/population-of-the-us-by-ethnicity-since-2000/
Labor Force Characteristics by Race and Ethnicity 2014
https://www.bls.gov/opub/reports/race-and-ethnicity/archive/labor-force-characteristics-by-race-and-ethnicity-2014.pdf
Income and Poverty in the United States: 2014
https://www.census.gov/content/dam/Census/library/publications/2015/demo/p60-252.pdf
U.S. Census Bureau Quick Facts (2016 Statistics, published July 2017)
https://www.census.gov/quickfacts/fact/table/US/PST045217
Income and Poverty in the United States 2016
https://www.census.gov/content/dam/Census/library/publications/2017/demo/P60-259.pdf
Intersectionality is a theoretical framework which asserts that people can and most often are disadvantaged by multiple sources of oppression (i.e. race, class, gender, religion, sexual orientation and other identity markers).
Synergistic effect suggests a change in the result as a consequence of an action or other cause which arises out of the interaction between two or more agents, entities, or factors and produces an effect (result or product) that is greater than the sum of their individual weight or forces.
Definition of the Racial Wealth Gap
When economists or political analysts and strategists refer to the racial wealth gap it can appear redundant because they tend to use the term interchangeably with income and wealth inequality. Both, individually distinctive as well. The income gap refers specifically to the exponential differences in remunerations (income and salaries) between wage-earners. Examples of the income gap (Eitzen, 2010):
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Examples of the wealth gap (Eitzen, 2010):
- In 2006, Forbes magazine reported the total net worth of the 400 richest Americans at $1.25 trillion while 37.3 million Americans were living below the poverty line.
- In 2003, the top 1% of the population owned 38% of the nation’s wealth in stark contrast to the bottom 40% who owned only 1% making the richest 3 million Americans nearly 40 times richer than the 113 million at the bottom. This massive expansion in economic inequality can be attributed to the $1.7 trillion in tax cuts by the Bush administration in 2001 and 2003 where the top 1% reaped 54% of the tax benefits.
The definition of the racial wealth gap is dynamic in that it is inclusive on all these related dimensions and sets forth inequities regarding social mobility denoting significant differences in the social, political, and economic functioning between ethnic groups in the form of opportunities, ownership, quality of life, and so on.
The U.S. racial wealth gap has implications of enormous consequences as the pervasive trend endures beyond pushing people to the economic margins of society. Social disparities continue to escalate including homelessness, hunger, family disruption, crime rates, civil unrest, deteriorating mental and physical health, drug abuse, and democracy itself. According to D.S. Eitzen (2010), political author and Emeritus at Colorado State University, inequality erodes the social contract when the promise for a higher standard of living is limited to a few weakening the sense of community and common purpose essential to a democracy.
The Racial Wealth Gap by Design
Barriers to the adoption of more generous social welfare policies and equitable distribution of resources that would, in effect, close the racial wealth gap are two-fold: the first is political; and, secondly, America’s fundamental belief in competitive individualism.
Social policy is not an arbitrary activity but is deliberate in its intent and means to accomplish a goal. Political conservatives in both federal and state legislatures seek to reduce various dimensions of the welfare state. As such, social policies are crafted to accomplish that end within the context of historical events, budgetary constraints, and the like.
The goal of eliminating income safety net programs has strong implications for social spending:
- Obstruct spending for social programs by reducing the amount of funding available. This is accomplished in two (2) ways:
- The “trickle-down” strategy: increase tax breaks for the wealthiest 1% (generally, corporations) presumably to stimulate the economy through their reinvestments (i.e. corporate expansion and job creation).
- Increase spending for defense. When the government reduces its tax income while, simultaneously, raising its budget for defense – the shortfall is made up by defunding social programs.
The high value placed on competitive meritocracy has strong implications for economic inequality:
- Individualism is valued over collectivism. Therefore, Americans typically do not want to pay taxes for the good of others, namely the underprivileged.
- Big government is fervently opposed. In the minds of Americans, “big government” equates to government intrusion. And, since, the fight to protect individual rights are vigorously protected, government invasion (as some would interpret) into personal lives, schools, and communities are not welcomed.
- Americans tend to resist preferential rights for disadvantaged groups (e.g. affirmative action policies based on race and gender).
- Americans tend to resist what is perceived as government handouts to those deemed underserving.
- Emphasis on competition and individualism suggests that individuals are advantaged or disadvantaged by their own hand through choices, skills, intelligence, efforts, and motivation, or lack thereof. It’s the commonplace of victim blaming devoid of consideration for the structural forces that create and maintain poverty and inequality. The result...the affluent are venerated…the poor, vilified.
Causes of the Racial Wealth Gap – Systemic Factors
Disparities in homeownership, a key factor in creating wealth, implicates housing discrimination dating back to the 1930s which either locked minorities out of legitimate loan eligibility and equity-building. Furthermore, minority families are less likely to benefit from intergenerational transfers (family inheritance) due to the lack of ownership and depressed home values which persist to this day in predominately black or Hispanic neighborhoods.
While graduating from college lends to higher earnings in the future, wages for college drop-outs and those who never attend college have deeply declined over the years. Studies show decreased college completion rates for blacks and Hispanics with only 30% of all working age adults (age 25 to 64) holding a bachelors degree or higher.
Student loan debt is another major factor in the racial wealth gap. While whites are more likely to hold bachelor degrees, blacks are more likely to have student loan debt and at larger amounts, according to the Urban Institute. College dropout rates and student loan debt translates into lower future earnings and net worth which disproportionately affects blacks and Hispanics contributing to the racial wealth gap.
Education was once said to be the single-most effective means of escaping poverty. But that sentiment has become nothing more than an idiom when we look at another economic domain – employment, the purported path to self-sufficiency and financial security. The reality is that black unemployment is two times the white unemployment rate at every level of education. Therefore, education has failed to equalize economic outcomes as it relates to financial stability and building wealth.
Income and Poverty statistics also show the median net worth of black households below white households with less than a high school education. At last reporting in July 2017, the U.S. Census Bureau shows a $59,039 median household income in 2016 for all Americans (individuals and families). More specifically, real median income for white households was $61,858 and $65,041 for whites (non-Hispanic). The median household income was $39,490 for black households and $47,675 for Hispanic households.
Contact Us:
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Related Posts:
Housing Resources
http://www.canmichigan.com/housing.html
Redefining Social Welfare…Again
http://www.canmichigan.com/blog/redefining-social-welfare-again
References:
Eitzen, D.S. (2010). Solutions to Social Problems: Lessons from Other Societies (5th Edition), Allyn/Bacon, MA
Links:
African-American Wealth May Fall to Zero By 2053
www.blackenterprise.com/african-american-wealth-zero-2053/?fbclid=IwAR2hIZPodZZbWcfhNtDcu2vEiMPVQdfBCX2jpyJRnDfHUIN_fYsGc1dHcMk
Black families have 10 times less wealth than whites and the gap is widening—here's why
https://www.cnbc.com/2018/05/18/credit-inequality-contributes-to-the-racial-wealth-gap.html?__source=Facebook%7Cmain
America’s Yawning Racial Wealth Gap, Explained in 9 Charts
https://www.vox.com/2015/2/18/8051345/black-white-hispanic-wealth-gap
Income and Poverty Report 2016 (U.S. Census Bureau)
https://www.census.gov/content/dam/Census/library/publications/2017/demo/P60-259.pdf
As a supplemental income benefit to federal disability, payments are made four (4) times per year in March, June, September, and December. The current benefit amount for individual cash assistance recipients is $246.00 per month. States may reduce benefit levels based on budgetary restraints
State Disability Assistance and SSI Recipients
The State of Michigan opted-in to implement a Mandatory Minimum Supplementation (Michigan Compiled Laws, Chapter 400, Act 280 – Amended by Section 400-10) as a result of the Social Security Amendment of 1972. The Mandatory Minimum Supplementation is an optional state payment to recipients of the Supplemental Security Income (SSI) federal disability program who live independently or in the household of another to help maintain basic income levels. Basic income levels as defined by the state’s own minimum standard of living (also known as a “needs standard”) establishes an applicant’s financial need, eligibility, and benefit amount. Individuals whose income fall below the state’s “needs standard” as a measure of poverty, and meet other specified requirements are eligible for State Disability Assistance (SDA) supplemental benefits. |
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It also set forth a provision for a state payment in the form of State Disability Assistance (SDA) which replaced the federal Grants-in-Aid program to former public assistance recipients (if needed to maintain the earlier income level); and, an optional provision to newly eligible persons who were transferred to the federal SSI benefit.
In sum, SSI Recipients are eligible for the State Disability Assistance (SDA) supplement if the "needs standard" of the respective state indicates that their needs are greater than their Supplemental Security Income (SSI) payment plus other countable income.
Federal Supplemental Security Income (SSI) regulations apply to income and asset exclusions and limitations apply to the State Disability Assistance (SDA) supplemental benefit.
Table 1.
Optional state supplementation payment levels, effective January 2011 (in dollars).
(Source: Social Security Administration, Office of Income Security Programs, State Information)
The state supplementation payment is added to the federal payment. Countable income is deducted first from the federal payment. Any income that remains to be counted after the federal payment has been reduced to zero is then deducted from the state supplementary payment (SSA, 2011).
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Living Arrangement
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State Code
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Individual
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Couple
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Individual
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Couple
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Living Independently
|
-
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688.00
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1039.00
|
14.00
|
28.00
|
Living in the household of another
|
-
|
458.67
|
692.66
|
9.33
|
18.66
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Domicilliary care
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D
|
761.00
|
1522.00
|
87.00
|
511.00
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Personal care facility
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E
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831.50
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1663.00
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157.50
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652.00
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Home for the aged
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F
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853.30
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1706.60
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179.30
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695.60
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Living independently with an essential person
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G
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1026.00
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1370.00
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14.00
|
21.00
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Living in the household of another with an essential person
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H
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684.00
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913.34
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9.33
|
14.00
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Medicaid facility
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I
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37.00
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74.00
|
7.00
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14.00
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Living independently.
Includes all eligible recipients who are not included in any other state living arrangement, recipients residing in facilities where Medicaid is not paying more than 50 percent of the cost of care, and recipients residing in publicly operated emergency shelters throughout a month.
Living in the household of another.
Includes recipients with no essential person who are residing in a federal Code B living arrangement.
D: Domiciliary care.
Includes recipients residing in licensed nonmedical facilities that provide room, board, and supervision. The state certifies which recipients are residents requiring this level of care.
E: Personal care facility.
Includes recipients residing in licensed nonmedical facilities that provide general supervision, physical care, and assistance in carrying out the basic activities of daily living. The state certifies which recipients are residents requiring this level of care.
F: Home for the aged.
Includes recipients residing in nonmedical facilities for the aged. The state certifies which recipients are residents requiring this level of care. Such care situations include, but are not limited to, licensed homes for the aged.
G: Living independently with an essential person.
Includes recipients with an essential person who are not living in the household of another. Children under age 18 are excluded. Payment levels for essential person apply only to cases converted from the state rolls in 1974.
H: Living in the household of another with an essential person.
Includes recipients converted from the 1973 state rolls who reside in another's household and it is determined that they need assistance from someone considered essential to their well-being. There are no longer any recipients receiving payments for living in the household of another with an essential person.
I: Medicaid facility.
Includes recipients residing in a federal Code D living arrangement.
State Disability Assistance (SDA) is also an available benefit to eligible claimants while federal disability claims are pending for initial approval or appeal. In most cases, approval for federal disability benefits is a long, complicated process causing applicants to experience financial hardship in addition to their medical crisis. This state-administered general assistance (GA) benefit may provide some relief.
State Disability Assistance (SDA) is available to SSI and SSDI applicants based on similar medically-determinable and income/asset criteria. Claimants who apply for State Disability Assistance (SDA) will be required to file a claim for federal disability benefits and may be required to reimburse the state once the claim has been approved.
Federal Disability Claims Processing Procedures (SSDI and SSI)
It is important to know some general information about program structures and claim processing procedures for all disability claims before applying for State Disability Assistance (SDA). Claimants who apply for State Disability Assistance (SDA) should have a basic understanding of eligibility guidelines while waiting on approval or as a supplement to federal disability benefits to assess their ability to qualify for State Disability Assistance (SDA).
The first step is to know the federal definition of “disability” before making a claim for benefits.
According to the Social Security Administration, the law defines disability as “the inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve (12) months.”
When an individual applies for disability the claim is processed by a local Social Security Administration (SSA) field office. The field office verifies non-medical eligibility requirements including age, marital status, employment, citizenship and residency, and Social Security coverage information. For SSI, the field office verifies income, resources, and living arrangement information. The completed application and related forms are forwarded to the Disability Determination Service (DDS) to establish eligibility for benefits.
The Michigan Disability Determination Service (DDS) is a federally-funded state agency that determines the initial and continuing eligibility for benefits for the following programs:
- Social Security Disability Insurance (SSDI)
- Supplemental Security Income (SSI)
- Medicaid Assistance (MA)
- State Disability Assistance (SDA)
- The Office of Retirement Services (ORS) disability retirement program
The Office of Retirement Services (ORS) serves all State of Michigan employees including state police, judges, and public school employees covered under state employee retirement programs. Claims for retirement benefits are initially processed by the Michigan Disability Determination Service (DDS) where medical evidence is reviewed, and recommendations are made to the Office of Retirement Services (ORS).
The Michigan Disability Determination Service (DDS) began processing all disability claims received from county offices (e.g. local Department of Health and Human Service and Social Security offices), effective July 1, 2015.
Upon receipt of the claim, the case is assigned to a medical examiner and the process of case development begins. That is, medical evidence is developed to make the initial determination about whether the claimant is blind or disabled under the law.
Medical evidence is developed in several ways:
- The Michigan Disability Determination Service (DDS) obtains evidence from the claimant’s medical sources (ordering clinical records from treating health care professionals and hospitals listed on the application).
- If clinical information is unavailable or insufficient to make a determination, a consultative examination (CE) may be arranged for the claimant to be examined by an independent medical provider.
- Additional information is requested from the claimant’s medical sources as required by the DDS adjudicative team.
Medical evidence is developed (collected) to give rise or substantiate the disability claim. After case development is completed, an adjudicative team consisting of medical or mental health consultants and the disability examiner in the Michigan Disability Determination Service (DDS) makes the eligibility determination. Approved claimants are referred to a State vocational rehabilitation agency such as Michigan Rehabilitation Services (MRS) where appropriate.
The case is forwarded back to the appropriate Social Security Administration (SSA) field office. Approved claims are processed to complete non-medical development, compute benefit amounts, and begin paying benefits. Denied claims are retained in the field office in case of appeal. Claimants have twelve (12) months from the date of filing to make an initial appeal.
Appeals and unfavorable determinations are handled by the Michigan Disability Determination Service (DDS). Requests for a redetermination hearing after an appeal is denied is handled by an administrative law judge (ALJ) in the SSA Office of Hearing Operations (OHO). Claimants may submit additional information not provided in the original filing or appeal to the administrative law judge (ALJ). A decision will be made based on the evidence of record and new evidence presented at the hearing.
If additional information is needed by the administrative law judge (ALJ), the hearing office will coordinate evidence with the Disability Determination Service (DDS) or contact medical sources directly. An administrative law judge (ALJ) may issue subpoenas requiring production of evidence during the discovery process or testimony at a hearing.
How long does it take to get disability In Michigan?
Claims processing guidelines established the Standard of Promptness (SOP) rule which requires up to a ninety (90) day eligibility determination for State Disability Assistance (SDA) claims and twelve (12) months for all other state disability claims.
Social Security Disability Insurance (SSDI)
- Claimants must be incapacitated (unable to work) for one (1) year due to a serious mental or physical disability to be eligible for benefits.
- Claimants and their employers must have paid Social Security taxes for an adequate number of fiscal quarters prior to the onset of disability.
- Benefits are paid to insured claimants who are determined to be disabled due to illness or injury that is expected to last a minimum of twelve (12) consecutive months or that is expected to end in death. You are an insured claimant if you worked long enough (accumulated a specified amount of work credits that equate to a minimum of seven (7) consecutive years of employment) and paid into the Social Security trust fund through employment taxes.
- Certain disabled dependents of insured claimants are also eligible for SSDI benefits. See the Death & Burial section for more information on Social Security Death Benefits.
- Claimants must be severely disabled to meet eligibility criteria.
- Claimants are not subject to means-testing (income and asset requirements).
Supplemental Security Income (SSI)
- Claimants are subject to means-testing (income and asset requirements) as SSI benefits is a needs-based program.
- Claimants are not required to have participated in the workforce (no previous employment requirement).
- Claimants must be incapacitated (unable to work) due to a serious mental or physical disability that is expected to last a minimum of twelve (12) consecutive months or expected to end in death to be eligible for benefits.
- Benefits are payable to indigent (low-income or no income and limited resources) disabled adults and children (under age 18) with mental and/or physical impairments causing marked or severe functional limitations. Disability in children must also be expected to last at least twelve (12) months or end in death.
- Claimants who are approved for SSI benefits automatically qualify for Medicaid and Supplemental Nutrition Assistance Program (SNAP) benefits. Approved SSI recipients may apply for a Bridge Card through the Michigan Combined Application Program (MICAP). A link is provided below.
If your application for SSI or SSDI has recently been denied, the online appeal request is a starting point to request a review of the decision about your eligibility for disability benefits.
If your application is denied for:
- Medical reasons, you can complete and submit the required Appeal Request and Appeal Disability Report online. The disability report asks you for updated information about your medical condition and any treatment, tests or doctor visits since the decision was made. A link is provided below.
- Non-medical reasons, you should contact a local Social Security Office to request the review. You also may call toll-free at: 1-800-772-1213, to request an appeal. People who are deaf or hard of hearing can call toll-free TTY at: 1-800-325-0778.
State Disability Assistance (SDA) Medical and Vocational Requirements
The State Disability Assistance (SDA) and Medicaid (MA) programs have the same medical and vocational eligibility criteria. It is possible to receive State Disability Assistance (SDA), however, and not be eligible for Medicaid (MA).
A claimant’s disability (mental or physical impairment) must be medically-determinable. That is, medical evidence must establish the anatomical, physiological, or psychological abnormalities through clinical diagnosis, laboratory imaging techniques (e.g. CT Scans, MRI), and medical documentation. Statements about mental and physical symptoms are insufficient.
Medical Criteria
- The Social Security Law has a list of impairments and a description of the evidence needed to evaluate the disability.
- Benefits are payable when the claimant’s impairments meet or equal the listed body system and medical evidence criteria.
What is considered a disability in Michigan?
Body systems indicated in the Social Security Administration's Listing of Impairments are subject to revision and promulgation and must be extended by the Commissioner or may no longer be eligible after effective dates. A link is provided below to the official listing, effective dates, and required evidence per each impairment.
What conditions qualify as a disability in Michigan?
The following is a general listing of qualifying conditions to be eligible for disability according to the Social Security Law and Regulations Listing of Impairments.
Criteria applicable to claimants age 18 or over and children under age 18 where appropriate:
- Low birth rate and failure to thrive
- Musculoskeletal system
- Special senses and speech
- Respiratory disorders
- Cardiovascular system
- Digestive system
- Genitourinary disorders
- Hematological disorders
- Skin disorders
- Endocrine disorders
- Congenital disorders that affect multiple body systems
- Neurological disorders
- Mental disorders
- Cancer (Malignant Neoplastic Diseases)
- Immune System disorders
Vocational Criteria
- The Social Security Law contains vocational criteria contained in cases in which the claimant’s impairment fails to meet or equal the medical criteria, but the mental or physical capacity to perform basic work-related activities is limited.
- The remaining or equal capacity to perform work is assessed along with age, education, and past work experience to determine eligibility for disability benefits.
Funding for State and Federal Disability Claims
Social Security Disability Insurance (SSDI) is 100% federally-financed through Title II funds as required by the Social Security Act of 1935. SSDI benefits are not appropriated in state budgets. Recipients who qualify meet the minimum work requirements and have paid into the trust fund through employer Social Security tax known as the Federal Insurance Contributions Act (FICA).
Supplemental Security Income (SSI) is a federal income supplement program for indigent aged, blind, and mentally or physically disabled to provide for their basic needs. The flat-grant (set monthly benefit) approach is designed to meet the minimum needs of eligible recipients. Benefits are financed through general tax revenues as required by the Title XVI section of the Social Security Act of 1935.
State Disability Assistance (SDA) is 100% state-funded per each fiscal year, through the Department of Health and Human Services (DHHS) Annual Appropriations, “boilerplate” language. The current allocation is set forth in DHHS FY2015, 2014 Public Act 84, Article X.
State Disability Assistance (SDA) Eligibility Requirements
To qualify for State Disability Assistance (SDA) claimants must meet the following criteria:
- The claimant must receive other disability-related benefits (i.e. Retirement, Survivor’s, and Disability Insurance (RSDI), Supplemental Security Income (SSI), or Medicaid (based on a disability or blindness).
- The claimant must reside in a qualified special care facility such as a Home for the Aged, County Infirmary, Adult Foster Care Home or Substance Abuse Treatment Facility.
- The claimant must receive or is qualified for services through the Michigan Commission for the Blind, Michigan Rehabilitative Services (MRS), or is eligible for special education services such as the Individualized Education Program (IEP).
- The claimant is certified by a MDHHS Family Independence Specialist as unable to work due to mental or physical disability that is expected to last at least 90 days from the onset of the disability. In order to receive a medical certification of disability from a MDHHS specialist/examiner, you must submit medical evidence of your disability from an authorized healthcare provider for review.
- The claimant has a Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) case pending approval. If not, you are required to file a disability claim with the Social Security Administration while receiving State Disability Assistance (SDA) benefits.
- Claimants must be a parent/caregiver of a minor disabled child. (Parents/caregivers of minor disabled children do not qualify as Home Help providers.
- Claimants must be terminated from the Family Independence Program (FIP) cash assistance benefits due to lifetime limits.
State Disability Assistance (SDA) Income and Assets Test
The State Disability Assistance (SDA) benefit is a means-tested program. That is, it is need-based in addition to the basic criteria of having a disability. Therefore, earned and other sources of income and countable assets will be considered in determining eligibility and benefit limits. Gross income includes monies earned in the labor market (job employment), self-employment, and other sources of income (i.e. child support, rental payments, disability payments, or unemployment insurance). Having these forms of income does not necessarily disqualify you for State Disability Assistance (SDA) benefits but may reduce the amount of benefits you receive.
When calculating assets, claimants should also distinguish between real property and personal property. Real property includes real estate such as your homestead (property you own and occupy), rental property, or land and anything permanently attached to it. Personal property includes retirement accounts (i.e. IRAs), investments, or life insurance policies.
To qualify for State Disability Assistance (SDA) personal property assets must meet the $3000 asset threshold. As a note, real property assets cannot exceed $250,000 in value for any other “cash assistance” program administered by MDHHS. However, certain assets are omitted from the State Disability Assistance (SDA) eligibility requirement.
Please use this information as a guide to how you may qualify for the Michigan State Disability Assistance (SDA) program but only a MDHHS Medical Examiner or Benefits Specialist can accurately determine eligibility for SDA benefits.
Disability Determination
You are considered disabled and eligible for State Disability Assistance (SDA) if:
- You receive disability-related benefits.
- You reside in a Special Arrangement Facility.
Asset Limits
The cash asset limit is $3000. Assets are cash and any other property you own. A homestead and a personal vehicle are not counted as assets for State Disability Assistance (SDA).
Cash Assets include:
- Cash-on-hand
- Bank and credit union accounts
- Investments
- Retirement Plans
- Trusts
Income
Most earned and unearned income is counted. Income is considered when determining the amount of SDA you are eligible to receive.
Examples of countable income are:
- Wages
- Self-employment income
- Rental income
- Social Security benefits
- Veteran's benefits
Residency Requirements
The following residency requirements apply:
- Must be a U.S. citizen or legal alien.
- Must reside in Michigan.
- Must not be receiving cash assistance from another state.
You may apply for State Disability Assistance on the MI Bridges website or in person at a local Department of Human Services (DHS) office in your area. Allow sixty (60) to process the application. It is recommended that applicants print and complete the application form and return it to a DHS Benefit Specialist who can expedite the process. A link is provided below to MDHHS Applications, Forms, and Publications.
Rights and Responsibilities
The Michigan Department of Health and Human Services (MDHHS) rules and regulations for income reporting including changes in income, employment, and disability status apply. State Disability Assistance (SDA) benefits may be required in the Total Household Resources for the Michigan Homestead Property and Home Heating Tax Credits.
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Contact Us:
http://www.canmichigan.com/reach-out-to-us.html
Related Posts:
Death and Burial – Social Security Death Benefits
http://www.canmichigan.com/death-and-burial.html
Disability Resources
http://www.canmichigan.com/disability-resources-michigan.html
Links:
State Disability Assistance
https://www.michigan.gov/mdhhs/0,5885,7-339-71547_5526_7766---,00.html
Cash Assistance Application Process
https://www.michigan.gov/mdhhs/0,5885,7-339-71547_5526_7028---,00.html
Do You Qualify for Michigan State Disability Benefits?
https://www.babutlawssd.com/Articles/Do-you-qualify-for-Michigan-State-Disability-Assistance-benefits.shtml
MDHHS Applications, Forms, and Publications
https://www.michigan.gov/mdhhs/0,5885,7-339-71551_7338---,00.html
MI Bridges
https://www.mibridges.michigan.gov/access/
Michigan Combined Application Program (MICAP)
https://www.michigan.gov/mdhhs/0,5885,7-339-71547_7774-213851--,00.html
State Assistance Programs for SSI Recipients
https://www.ssa.gov/policy/docs/progdesc/ssi_st_asst/2011/mi.html
Disability Resource Links:
Social Security Disability Evaluation – General Rules
https://www.ssa.gov/disability/professionals/bluebook/general-info.htm
Disability Evaluation Under Social Security
https://www.ssa.gov/disability/professionals/bluebook/evidentiary.htm
Code of Federal Regulations – Listing of Impairments
https://www.ssa.gov/OP_Home/cfr20/404/404-app-p01.htm
Social Security Benefits for People with Disabilities
https://www.ssa.gov/disability/
Benefits Eligibility Screening Tool
https://ssabest.benefits.gov/
Online Appeal Request and Appeal Disability Report
https://secure.ssa.gov/iApplsRe/start
Michigan Rehabilitation Services (MRS)
https://www.michigan.gov/mdhhs/0,5885,7-339-73971_25392---,00.html
State Emergency Relief (SER), established by the Social Welfare Act of 1939 and the Michigan Constitution (FIA Appropriations 1998, PA 294), is a federal-state funded crisis intervention program designed to provide assistance to low-income individuals and families who are facing financial emergencies and conditions of extreme hardship.
Assistance is provided by making limited payments to vendors of goods and services to resolve unexpected emergencies for utilities, rent, property taxes and insurance, mortgage, burials, energy and non-energy-related home repairs, furniture and appliances, and other household needs. State Emergency Relief is not an option for long-term, non-emergency needs but will help to manage a crisis that poses a threat to health and safety. |
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- Heat and Utilities
- Home Repairs
- Relocation Assistance
- Home Ownership Services
- Burial
Eligibility Requirements for State Emergency Relief (SER)
The State of Michigan provides this temporary assistance through a network of contracts with local community organizations including the Salvation Army and Community Action Agencies (CAA). Applicants Do Not need to be participants or recipients of other MDHHS benefits to be approved for SER emergency assistance.
Approval for service and benefits must meet three (3) conditions:
- The emergency must threaten health and safety.
- The emergency must not have been caused by the individual or family seeking assistance.
- The emergency must be resolved by the assistance payment and must be one that is not likely to arise again.
Scenarios covered under the State Emergency Relief (SER) program:
- Homeless prevention
- Provide shelter for homeless persons
- Repair unsafe conditions and restore essential services (i.e. utilities)
- Provide food for individuals and families who do not qualify for the Food Assistance Program (FAP).
- Prevent utility shut-offs such as water and cooking gas or restore services after interruption to protect health and safety.
- Provide assistance payments for burial and cremation when the deceased estate and family contributions will not cover the expense.
- Emergency shelter provisions for the homeless is contracted through the Salvation Army. For more information call 1(800)274-3583.
Client-Caused Emergencies
State Emergency Relief (SER) funds will not be issued unless the household has "good cause" for not making the payments. "Good cause" means household income was below a specified amount, or if available monies in the household were not used to make payments during the time shelter or utility costs were unpaid and led to the emergency. See the chart below of Household Income Limits for Energy and Non-Related Energy Assistance.
Burial Assistance
State Emergency Relief (SER) will make assistance payments toward a burial or cremation when the deceased person's estate and contributions are not sufficient. A relative or representative with legal rights to arrange the burial must apply for assistance within ten (10) days of the burial or cremation. The family member or representative arranging the burial should inform the funeral home that public assistance will be requested. They may be able to assist with the application process.
Relocation Assistance
State Emergency Relief (SER) assistance may be approved to:
- Prevent eviction
- Set up residence for a homeless household
- Establish a suitable home for children
- Establish a suitable family home due to domestic violence or a natural disaster
Rent Assistance and Foreclosure Prevention
State Emergency Relief (SER) assistance payments are available to prevent the loss of a home due to foreclosure, a land contract forfeiture, the loss of a mobile home, and the non-payment of rent. Property taxes may be paid to stop a tax sale when a foreclosure hearing has been scheduled.
Home Repairs
State Emergency Relief (SER) funds are available for home repairs to correct unsafe conditions or to restore essential services such as water, water disposal, heat, or electricity. Eligible home repairs may include but are not limited to: replacement of a non-functioning furnace, hot water heaters, or septic systems.
Qualifying households are eligible for payment toward service repairs under the following conditions:
- To prevent or eliminate a direct threat to health and safety.
- To comply with a requirement by law or mobile home park regulation.
- To restore the home to a safe, livable condition.
A household may be approved for home repair services under the following conditions:
- A household member must be the owner or purchaser of the home, or hold a life estate or life lease. with responsibility for home repairs.
- The home must be the household's permanent residence (a homestead).
- The home must not be for sale or in jeopardy of loss due to a mortgage or property tax arrearage unless a workable payment plan exists.
- The ongoing cost of maintaining the home is affordable, not to exceed 75% of the household's net income.
Home improvements and non-essential repairs do not qualify for the SER benefit.
Maximum Benefit Allowances for Home Repairs
Energy-Related Furnace Repairs:
- Lifetime maximum of $4,000 per family group.
- Approved energy-related repairs since 1/1/1878 count towards this maximum.
Non-Energy Related Repairs
- Lifetime maximum of $1500 per family group.
- Lifetime maximum applies to all home repairs except furnace repair or replacement, including hot water heaters and septic systems for client-owned housing.
- Approved non-energy related repairs since 12/1/1991 count towards this maximum.
Utility Assistance
State Emergency Relief (SER) will make a one-time annual (once per year) payment to prevent shut-offs, or restore heat, electric, or water service.
Migrant Hospitalization
Migrant families with children may have the cost of hospitalization covered under State Emergency Relief (SER), within certain limits, for up to thirty (30) days in a one-year period.
Financial Eligibility
State Emergency Relief (SER) is a means-tested program. That is, household size, income, and countable assets valued over $50 are assessed to determine eligibility for benefits. It also means that the income-test may affect the benefit amount and that a copayment may be required towards the benefit amount paid. Assets such as a homestead (a home you own and occupy), one (1) vehicle, personal and household goods are excluded. Applicants requesting burial assistance are exempt from the asset-test.
Income
It should be noted that all household income for all household members expected to be received within the thirty (30) day period from the SER application is used to determine eligibility.
Follow the income limit charts below for energy and non-energy assistance. The income limit is based on the number of people in the household. Applicants will be charged a copayment (out-of-pocket expense) for any income above the amount listed to help pay for the emergency need. Any required copayment must be paid within the thirty (30) day approval period.
Assets
A household with more than $50 in cash assets must pay the amount over $50 toward the emergency. The payment must be made within the thirty (30) day approval period.
Cash assets include:
- Cash-in-hand
- Checking or savings accounts
- Stocks and bonds
- Similar resources that can easily be converted to cash
The value of non-cash assets (e.g. a boat or second vehicle) cannot exceed the following limits:
- $1750 for a single-person household
- $3000 for two or more household members
- Some SER groups may be eligible regardless of non-cash assets
SER Income Limits for Energy Assistance
Household Size
|
Monthly Income Limit
|
One
|
$1397
|
Two
|
$1892
|
Three
|
$2387
|
Four
|
$2882
|
Five
|
$3377
|
Six
|
$3872
|
More than six people
|
For each additional family member, add $495 per month
|
SER Income Limits for Non-Energy Related Assistance
Household Size
|
Monthly Income Limit
|
Non-Cash Asset Limit
|
One
|
$445
|
$1750
|
Two
|
$500
|
$3000
|
Three
|
$625
|
$3000
|
Four
|
$755
|
$3000
|
Five
|
$885
|
$3000
|
Six
|
$1015
|
$3000
|
How to Apply for State Emergency Relief (SER)
The best way to apply for State Emergency Relief (SER) funds is to print the online application, fill it out completely, attach any supporting documents, and turn it in to a local Department of Human Services (DHS) office. By hand-delivering the application there is an opportunity to explain your situation to a DHS benefits specialist. Benefits are approved at the discretion of the DHS Benefits Specialist. A link is provided below to the SER application. You can also apply for benefits online at the MI Bridges website or request that the application be mailed to you. You will receive a response within ten (10) days.
Applicants must complete the DHS-1514 (Application for State Emergency Relief) form. Applicants may be required to apply for other qualifying benefits by completing the following forms to be placed on file:
- DHS-1171 Assistance Application Booklet
- DHS-4574 Asset and Declaration Form
- DHS-1010 Redetermination Form
Applications must provide proof of the immediate need for utility bill payment assistance (e.g. past due or shut-off notice, a court documented eviction notice) or verified need for deliverable fuel (e.g. fuel oil), and energy-related home repairs.
Applicants are not required to complete a new application for additional services requested within the thirty (30) day approval period of the original application.
Applicants have the right to request a hearing for any action, failure to act,, or undue delay in application processing by the Department of Health and Human Services (DHHS).
Was this post helpful? Leave a comment and share your thoughts. If you’re in need of case management services or assistance please Contact Us by completing the confidential contact form. Also, consider donating to continue this important work and expand our reach to the broader community.
Contact Us:
http://www.canmichigan.com/reach-out-to-us.html
Related Posts:
Housing
www.canmichigan.com/housing.html
Michigan Energy Assistance Grants
http://www.canmichigan.com/blog/michigan-energy-assistance-grants
Energy Security in Michigan: The Funding Factor
http://www.canmichigan.com/blog/energy-security-in-michigan-the-funding-factor
Michigan Energy Assistance Program Grantees Announced
michigan-energy-assistance-program-grantees-announced.html
Community Resources - Utility Assistance
http://www.canmichigan.com/community-resources-michigan.html
Links:
MDHHS Asset Limit Changes 2019
www.michigan.gov/documents/mdhhs/Asset_tests_QandA_668891_7.pdf
MDHHS Assistance Programs
www.michigan.gov/mdhhs/0,5885,7-339-71547---,00.html
Locate a DHS office in your county/district
https://www.michigan.gov/mdhhs/0,5885,7-339-73970_5461---,00.html
State of Michigan Emergency Relief: Home, Utilities, and Burial
https://www.michigan.gov/mdhhs/0,5885,7-339-71547_5531---,00.html
State Emergency Relief Income Requirements
https://www.michigan.gov/mdhhs/0,5885,7-339-71547_5531-15410--,00.html
State Emergency Relief Q&A Grid
mfia.state.mi.us/SI-Screens/nes_SG/WebHelp/SER_Answer_Grid.pdf
State Emergency Relief Home Repairs
www.michigan.gov/mdhhs/0,5885,7-339-71547_5531_62129---,00.html
Financial Assistance For Crime Victims: The Michigan Crime Victims Rights Act & Compensation FUND
7/8/2018
The Crime Victims Compensation Fund established by the Michigan Crime Victim's Rights Act of 1985 was created in response to the U.S. federal government's mandate to institute a system of protection rights, mental and physical health support, and financial benefits to victims of crime and their families who have been injured by direct physical, emotional, or economic harm. | |
The Victims of Crime Act of 1984 (VOCA) enacted by the U.S. Congress, therefore, established state-level Crime Victims Funds across the country as a reparations program to financially compensate individuals and families who suffer as a result of felony offenses above and beyond the judicial punishment of the criminal.
The law was expanded in Michigan by the Criminal Assessments Act of 1988 to include rights for victims of serious misdemeanors and juvenile offenses
Crimes compensated by the Crime Victims Rights Act vary by state to include:
- Homicides
- Violent Assaults
- Rape/Sexual Assaults
- Child Abuse
- Elder Abuse
- Home Invasions/Burglary
- Domestic Violence
- Human Trafficking
Crime Victim Compensation programs are available in all U.S. States, administered by the Department of Health and Human Services (DHHS) but are funded by the restitution payments (fines and penalties) of federally-convicted criminals.
No federal or state tax dollars are used to fund the program.
Crime Victim Services Funding and Allocations
According to the U.S. Department of Justice’s Office for Victims of Crime, in September 2013, the fund balance for crime victims services had reached $9 billion dollars in deposits from criminal fines, forfeited bail bonds, penalties, and special assessments.
Victims services and programs are also funded by gifts and private donations. Due to large fluctuating deposits, the U.S. Congress imposed a cap on funding distributions in 2000 to ensure that the Fund remained a stable source for future services to crime victims.
In FY2013, funding allocations was capped at $730 million.
Funds are disseminated between states in the form of grants from the U.S. Department of Justice based on spending for crime victim services by the Department of Health and Human Services (DHHS) reported on annual certification forms.
According to the Lansing State Journal (January 2018), Michigan received $5.6 million in funding for the past three (3) years for payments and support services to crime victims.
VOCA Program Administration in Michigan
The Michigan Crime Victim Services Commission (CVSC) is a state agency within the Michigan Department of Health and Human Services (MDHHS) which handles funding and services for victims of crimes through the Crime Victims Compensation Board. See the Crime Victim Compensation Section for program and contact information.
Service Programs within the Crime Victim Services Commission (CVSC):
- Crime Victim Compensation
- Sexual Assault Forensic Exam (S.A.F.E.)
- Victim Rights
- Crime Victim Assistance (VOCA)
Crime Victim Compensation (VOCA) Legislation in Michigan
The Crime Victims Compensation Act - PA 223 of 1976 (M.C.L. 18.351 to 18.368) established the Crime Victims Compensation Board responsible for the reimbursement of expenses associated with personal injury resulting from acts of crime. Program eligibility and coverage was expanded up to $25,000 in basic financial assistance in expenses accrued by individuals and/or their families when physically victimized by criminals.
To file a claim for reimbursement, you must use the Commission’s application form (a link is provided below) and you are entitled to a copy of compensation rules upon request.
VOCA Claim Filing Rules and Payment Limitations:
The following rules and limitations are not exhaustive. Please refer to the link below to the Crime Victims Compensation Act of 1976 for a full review of the legislation.
- Claims are subject to time limits for filing but may be accepted late for “good cause.”
- Unborn children of a deceased victim are eligible for award.
- Children under a child support order for a deceased victim are eligible for award.
- Claimants are required to cooperate and provide information that will give rise to the investigation. Claimants who refuse to cooperate with law enforcement or the commission board may be denied in whole or in part of the award.
- Claimants must not have participated (committed) in a crime, be an accomplice to the crime, caused the injury, or was doing something illegal and dangerous at the time of the injury.
- Claimants must justify the claim with documentation from law enforcement, medical providers, and employers within a reasonable time or be denied in whole or in part of the award. A police report must be filed within 48 hours of the date of injury except for “good cause” or if the injured person is a child.
- Inmates are not eligible for award.
- Medical providers may not bill for services to sexual assault victims under the Sexual Assault Forensic Examination (S.A.F.E.) program.
- Peace officers who suffer personal injury due to an assault in the course of employment are eligible for award.
- Loss, damage, or theft to personal property are not eligible for award.
- Punitive damages for pain, suffering, physical impairment, and other nonpecuniary damages are ineligible for reimbursement.
- The claimant must have at least $200 in out-of-pocket expenses or two (2) consecutive weeks of loss of wages or financial support. Wage loss and personal expense limitations are excluded for retired and disabled persons, and victims of sexual assault.
- Claims resulting from the operation of a motor vehicle are ineligible for reimbursement except when injuries result from a crime rather than a civil infraction. Claimants from motor vehicle accidents are entitled to Personal Injury Protection Benefits and as such will be referred to the Department of State – Michigan Assigned Claims Plan.
- Funeral and burial expenses are limited to $2000 per victim for the date of injury on or before December 15, 2010.
- Personal family accommodations not directly related to the funeral service or disposition of the body including flowers, gravestones, food, travel, etc. are not eligible for reimbursement.
- Travel expenses for the victim’s body are included in the burial benefit. Travel costs for family members are not considered eligible expenses.
- Awards for funeral expenses will not exceed eligible payments from public funds and other sources.
- Grief counseling are eligible expenses for family members of the victim including spouse, children, parents, siblings, grandparents, and grandchildren.
- Crime scene clean-up are eligible for reimbursement when the crime occurred at the home of the victim.
- Lost wages are an eligible benefit and a claim for lost earnings must be filed within one (1) year of the crime.
- Victims who are medically-determined as permanently disabled will be referred to the Social Security Administration for disability benefits.
- The commission may award periodic payments over and above the lump-sum benefit for financial hardship when loss of earnings or expenses impair the claimant’s or victim’s family standard of living. Household financial resources will be considered in the assessment.
- Benefits are paid in a lump-sum award except direct payments for medical care and other service providers, and periodic payments for financial hardships.
- Documentation of household expenses, lost wages, medical treatment, and other services rendered to the victim or victim’s family must be verified from the preceding twelve (12) months for consideration of compensation.
- The board will retain claim files for four (4) years as required by law.
- Claimants must file an appeal for benefits that were denied within thirty (30) days of the written notification.
VOCA Claim Filing Limitations
Victims of crime must file a claim within one (1) year from the date of injury or one (1) year from the time of discovery that the cause of injury was criminal.
Victims do not always immediately recognize that certain acts are criminal such as in domestic violence situations and may consider the injury as natural or accidental. In such cases, the victim may file a claim for cause at the time of discovery for a criminal act.
Claims for child abuse should be filed within one (1) year from the date of reporting to the police and before the child’s 19th birthday.
"Good Cause" Rules for Filing Late VOCA Claims
Claims may be accepted late for “good cause.” The claimant must submit a written request to be considered for approval after the one (1) year time frame.
“Good cause” may be considered for the following reasons:
- if the victim is a child,
- if injuries are more serious than first believed,
- if someone responsible for helping the victim failed to file the claim.
Claimants may file a claim immediately after injury and are not required to wait for an investigation, trial or prosecution to be completed.
If a claim is denied you must submit a written request for appeal within thirty (30) days. Appeals can be requested in the form of a review of the file or a hearing before the Commission in Lansing.
Applications are available with the Crime Victim’s Service Commission, prosecuting attorney’s office, victim assistance service agencies, the state police, and other care providers.
A list of Crime Victim’s Service Agencies is available in the Community Resources section of this site and a link is provided to the application below.
General Summary of VOCA Benefits and Limitations
The Michigan Crime Victim Compensation Fund will cover funeral and burial expenses for fatally injured victims, pecuniary damages such as the loss of financial support for legally-dependent and unborn children of fatally injured victims, grief counseling for the family, hospital and medical bills if survivors are legally obligated for payment.
The Fund does not cover the loss or damage of property, pain and suffering, relocation and living expenses, or costs to attend or participate in a trial. The loss of earnings for the victim’s family members are also ineligible for reimbursement.
- Fill out the application completely. Complete all sections of the form.
- Submit copies of all bills and expenses you wish to claim.
- If additional medical care is needed ask your doctor to submit a written estimate of future expenses.
- You must submit copies of insurance statements for medical expenses if you have health insurance or Medicare.
- To claim lost wages, submit copies of recent paystubs and written disability letter from a doctor.
- To claim burial expenses, submit copies of an itemized funeral bill.
- To claim expenses for counseling, submit copies of an itemized bill and estimate for services from a therapist along with an assessment and treatment plan.
- To claim loss of support, submit last copies of check stubs or tax returns, Social Security Survivor’s Benefits, and life insurance statements of the deceased victim.
How long does it take to get crime victims compensation?
Once a claim is filed, the application is examined for completeness and the prosecuting attorney is notified. The application is assigned a claim number and police reports are requested by a claim specialist.
The time frame to process an application depends on the completeness and accuracy of the application and how long it takes to receive police reports and other documents required to investigate.
Incomplete applications will be returned with a request for additional information needed to process the claim.
Claimants are notified in writing of the Commission’s findings and a claim determination.
What happens if a claim is approved for crime victims compensation?
If a claim is approved, claimants will receive an itemized list of payments and payments will begin within a few days.
Monies owed to medical providers will be paid to them directly.
Claims that are denied will be returned with a written explanation and the claimant has thirty (30) days to request an appeal.
The National Association of Crime Victim Compensation Boards (NACVCB) maintains a website database with links to all state crime victim compensation programs. The links will provide specific information about each program’s benefits, requirements, and procedures for victim service-related claims.
In Michigan, the Department of Health and Human Services’ Crime Victim Services Commission is responsible for the allocation of funds to participating community organizations and processing all reimbursement requests.
Below you will find a link to the Michigan Department of Health and Human Services (MDHHS) Application and Checklist form.
Should I hire an attorney to file a crime victims compensation claim?
You may also consult an attorney to submit a claim. By law, attorney’s fees may not exceed 15% of the claimant’s award or 25% in cases involving judicial review unless otherwise waived by the Crime Victim Compensation Board.
Contact Us:
http://www.canmichigan.com/reach-out-to-us.html
Donate:
https://www.paypal.com/donate/?token=u9ZbQw7yTRWAm9K4Yl2MKERd76oKf_lBrejXuVLAx0j5rsSTG72gmICfR9S-bVY4az_Imm&country.x=US&locale.x=US
Related Posts:
Death, Burial, and Crime Victim Assistance
http://www.canmichigan.com/death-and-burial.html
Community Resources - Crime Victim Service Agencies
http://www.canmichigan.com/community-resources-michigan.html
Links:
National Association of Crime Victim Compensation Boards (NACVCB)
http://www.nacvcb.org/index.asp?sid=6
Crime Victim Compensation Application and Checklist
https://www.michigan.gov/documents/mdch/CVSC_Comp_App_10-11_379345_7.pdf
U.S. Department of Justice - Office for Victims of Crime
https://www.ovc.gov/about/victimsfund.html
Crime Victim Compensation Brochure
https://www.michigan.gov/documents/mdch/CVSCBrochureJune2011_358764_7.pdf
About Crime Victim Compensation in Michigan
https://www.michigan.gov/mdhhs/0,5885,7-339-71548_54783_54853_54855-14162--,00.html
DHHS Bureau of Community Services – Crime Victims Services Commission
Feds Overpaid Michigan DHHS Nearly 260,000 in Crime Victims Funds, Audit Says
https://www.lansingstatejournal.com/story/news/local/capitol/2018/01/03/feds-overpaid-michigan-dhhs-nearly-260-000-crime-victim-funds-audit-says/999375001/
Crime Victims Compensation Act of 1976 (PA 223, Michigan Compiled Law 18.353)
https://www.michigan.gov/documents/mdhhs/CVSC_Rules2018_618053_7.pdf
Establishment of the Crime Victims Compensation Board (Crime Victims Service Commission)
www.legislature.mi.gov/%28S%28h1fpfk455emlxhrei1vjrozq%29%29/documents/mcl/pdf/mcl-Act-223-of-1976.pdf
Crime Victim Rights Fund/Criminal Assessment Instruction
www.michigan.gov/treasury/0,4679,7-121-1751_2194-7642--,00.html
For Community Organizations:
VOCA Guidelines, Program Grants, Application, and Regulation Information
https://www.michigan.gov/mdhhs/0,5885,7-339-71548_54783_54853_69769---,00.htm
Locating a life insurance policy can be a nightmare especially after a loved one is deceased. It is not uncommon for family members to refuse or fail to disclose financial matters for various reasons prior to death. The problem is that once they have expired, it can be very difficult to locate an old or missing life insurance policy, to find out if one exists, or if the policy is still active.
This can present a multitude of problems for burial and settling other financial obligations if the family has a problem identifying the benefactor(s) of the estate or determining who has the legal rights and responsibility for allocating finances and honoring final wishes. As the loss of a loved one is always a frightening and debilitating experience that leaves survivor’s, many times, in states of grief and shock it is important to be prepared to reduce frustration and confusion especially in cases of an unexpected death. |
|
On the subject of accidental or unintentional deaths, the five leading causes are:
- traffic accidents
- fatal falls and stumbles
- fires
- drownings
- alcohol and drug poisonings
According to the National Center for Health Statistics (2017), mortality rates for unintentional injury deaths is 45.6 per 100,000 people. A total of 146, 571 people died accidental deaths in 2017. A total of 33,381 people had fatal falling accidents (about 10.4% per 100,000 population); 37,357 people had fatal car accidents (11.7%); and, 47,478 people died from accidental poisonings (14.8% per 100,000 population).
Another primary source for tracking U.S. mortality rates is the National Vital Statistics System administered by the Center for Disease Control and Prevention (CDC). Statistics show that there were nearly 3 million U.S. deaths in 2015 at a rate of 844 per 100,000 people. The data here also suggests that unexpected death rates are rising. That could include anything from homicides, drug overdoses, suicide, infant mortality, and other unexpected life events besides natural causes. Since death is a rather taboo subject that most people prefer to avoid, the point is to have a strategy in place for loved ones before a tragic event occurs.
Suicide ranks in the top ten (10) causes of death in Michigan along with heart disease and other chronic illnesses. See Michigan’s Health Report: Chronic Disease and Life Expectancy.
First Steps in locating a Life Insurance policy:
- Search for insurance-related documents by examining personal files, a bank safety deposit or other storage boxes. Address books may also include an agent or insurance company's contact information who may be aware of an active policy.
- Financial professionals or institutions (i.e. banks, investment firms, attorney’s, or credit unions) may have information on payments made out of an account for a life insurance policy.
- Review any life insurance policy that you can find - it will have information on any other existing policies that may or may not be active.
- Contact previous or current employers that will have information on any existing group insurance policies acquired through the company.
- Check the mail for premium or dividend notices.
- Check the deceased tax returns for interest income or interest expenses paid for a life insurance policy.
- Check your state’s Unclaimed Property division. Insurance companies are now required by law to report unclaimed insurance benefits when a beneficiary cannot be located.
- Visit your state’s Department of Insurance. Some states have online locator tools which you can use to search for a missing life insurance policy. A link is provided to the DIFS’ Life Insurance and Annuity Search Service (LIAS).
You can also pay a service to search for any existing life insurance policies through an Medical Information Bureau (MIB) database. However, there is a fee for each search and are usually unsuccessful. The Michigan Department of Insurance and Financial Services (DIFS) charges $180 for a policy search that will take up to ten (10) days. However, the DIFS website offers a free search tool but has up to ninety (90) days to respond.
The DIFS Free Locator tool can be used to search and locate life insurance policies or annuity contracts. If a financial instrument is found the Department of Insurance and Financial Services (DIFS) will only respond to the listed beneficiary.
Was this post helpful? Leave a comment and share your thoughts. If you’re in need of case management services or assistance please Contact Us by completing the confidential contact form. Also, consider donating to continue this important work and expand our reach to the broader community.
Contact Us:
http://www.canmichigan.com/reach-out-to-us.html
Donate:
https://www.paypal.com/donate/?token=u9ZbQw7yTRWAm9K4Yl2MKERd76oKf_lBrejXuVLAx0j5rsSTG72gmICfR9S-bVY4az_Imm&country.x=US&locale.x=US
Related Posts:
Death, Burial, and Crime Victim Compensation
http://www.canmichigan.com/death-and-burial.html
Michigan’s Health Report: Chronic Disease and Life Expectancy
http://www.canmichigan.com/blog/michigans-health-report-chronic-disease-and-life-expectancy
Links:
National Center for Health Statistics
https://www.cdc.gov/nchs/fastats/accidental-injury.htm
National Vital Statistics System
https://www.cdc.gov/nchs/nvss/deaths.htm
What is the Medical Information Bureau (MIB)?
URL: https://lifeinsurancebyjeff.com/medical-information-bureau-life-insurance-approval/
MIB Policy Locator Service
URL: https://www.mib.com/pls.html
Tony Steuer Insurance Consumer Advocate
URL: https://tonysteuer.com/
National Association of Insurance Companies Life Insurance Policy Locator Service
https://eapps.naic.org/life-policy-locator/#/welcome
Model Unclaimed Life Insurance Benefits Act Adopted By NCOIL (National Conference of Insurance Legislators)
https://www.lexology.com/library/detail.aspx?g=b3618bee-b5f7-4700-86c9-9a37285b3529
According to the Michigan Department of Health and Human Services, the leading causes of disability and death in our state are chronic diseases. Chronic diseases are health conditions that, generally, cannot be cured or get better over time. More specifically, the top ten suspects affecting over 60% of Michigan’s adult population leading to seven out of ten deaths are:
- Heart Disease
- Cancer
- Chronic Lower Respiratory Disease
- Unintentional Injuries
- Stroke
- Alzheimer’s Disease
- Diabetes Mellitus
- Kidney Disease
- Pneumonia/Influenza
- Intentional Self-Harm (Suicide)
In addition, the state ranks over 95% of its adult population with high-risk behaviors that lead to disabling or chronic disease including alcohol and tobacco use, unhealthy diet, and lack of physical activity. The MDHHS Chronic Disease Epidemiology Section was established to gather data, develop evidence-based public health programs, improve outcomes, and reduce health disparities in our state.
The key areas of focus for the Chronic Disease Epidemiology Section include:
- Alcohol
- Arthritis
- Asthma
- Behavioral Risk Factor Surveillance System
- Cancer Genomics
- Diabetes
- Disabilities
- Nutrition, Physical Activity, and Obesity
- Oral Health
- Stroke
You can access the Michigan Chronic Disease Geographic Information System (GIS) Maps publication for studies on hospital, mortality, and hypertensive emergency rates for cardiovascular disease; chronic alcohol-attributable diseases due to proximity of alcohol outlets; maternal child health; breast and cervical cancer; and more.
GIS Publication Link:
https://www.michigan.gov/documents/mdch/2014_Map_Book-FINAL_492868_7.pdf
In brief, chronic illnesses are long-term and do not go away on their own such as heart disease, diabetes, respiratory diseases, cancer, kidney disease, stroke, arthritis, and HIV. Injuries are caused by accidents (i.e. car crashes, falls, sports injuries), or violence (i.e. gunshots, suicide, assaults). Genetics, lifestyle, environment, and other factors combine to determine one’s predisposition to chronic illness and the extent to which it can or cannot manifest. So, be aware of your risk factors including family history, high-risk behaviors, and other socioeconomic conditions which contribute to disease and death.
While heart disease ranks as the number one cause of death in Michigan, it also ranks highest in the nation as a whole. But, heart disease is a broad term referring to a disease of the heart and blood vessels. But, according to the McLaren Northern Michigan Hospital (2015), a condition called atherosclerosis is the number one killer of Michiganders. That is, hardened arteries due to the buildup of fatty, fibrous plague which attaches to artery walls and restricts blood flow.
So, how long do we live in Michigan? Studies estimate the average life expectancy at 77.89 years in Michigan. On average, men live 75.32 years, and, despite female healthcare disparities, women live about 80.037 years in Michigan, according to World Life Expectancy (2015). Poor life expectancy, of course, can be attributed to access and quality of healthcare and socioeconomic conditions such as costs for treatment and medicine that affect health outcomes. In terms of longevity, Oakland County ranks highest in health and life expectancy and white women have the lowest mortality rate in Michigan.
Death, Burial, and Crime Victim Compensation
http://www.canmichigan.com/death-and-burial.html
Community Resources Section - Detroit Wayne Mental Health Authority (DMWHA)
http://www.canmichigan.com/community-resources-michigan.html
Links:
Life Expectancy at Birth by Sex, Michigan and United States (1901 – 2016)
https://www.mdch.state.mi.us/osr/deaths/lifeUSMI.asp
Poverty Solutions Data Map (University of Michigan)
https://poverty.umich.edu/about/poverty-in-michigan/
Heart Disease Leading Cause of Death in Michigan
https://www.petoskeynews.com/news/health/heart-disease-leading-cause-of-death-in-michigan/article_fddc9561-8cfd-525e-a5fa-ba2735b1fa91.html
Michigan Life Expectancy
http://www.worldlifeexpectancy.com/usa/michigan-life-expectancy
Why Life Expectancy is Shorter in Michigan
http://detroitstats.com/why-life-expectancy-is-shorter-in-michigan/
Life Span for Detroit’s Poor Among Shortest in the Nation
https://www.detroitnews.com/story/news/local/detroit-city/2016/06/02/life-span-detroits-poor-among-shortest-nation/85325864/
Life Expectancy at Birth and Age 65
https://www.michigan.gov/documents/mdch/LifeExpectancy_380403_7.pdf
Preventing Chronic Disease and Promoting Health in Michigan: How Well Are We Doing As A State?
https://www.petoskeynews.com/news/health/heart-disease-leading-cause-of-death-in-michigan/article_fddc9561-8cfd-525e-a5fa-ba2735b1fa91.html
State of Michigan Chronic Disease and Injury Control
https://www.michigan.gov/mdhhs/0,5885,7-339-71550_2955---,00.html
Michigan Department of Health and Human Services (MDHHS)
Chronic Disease Epidemiology Section
Life Course Epidemiology Genomic Division
P.O. Box 30195
333 S. Grand Avenue
Lansing, MI 48909-30195
PH: 517-35-8806
Website:
https://www.michigan.gov/mdhhs/0,5885,7-339-71550_5104_5279-185986--,00.html
Concussions are a Traumatic Brain Injury (TBI) which can be mild to very serious caused by a blow or jolt to the head or body that jerks the head and brain rapidly back and forth. Concussions are typically sustained in sports, falls, motor vehicle accidents, assaults, and other incidents but cannot be detected on brain imaging technology such as Cat Scans (CT Scans) or Magnetic Resonance Imaging (MRI). The sudden jolt of the brain causing it to bounce around or twist can lead to chemical changes or sometimes stretching and damaging brain cells. Still medical professionals generally consider them mild brain injuries and non-life threatening.
The organizing entity (sports program) is required by law to provide the necessary training and educational materials on the signs, symptoms and consequences of concussions to participating youth and their parents/guardians. Parents/guardians are required to sign a consent acknowledging the receipt of training materials and resources. Athletes suspected of sustaining a concussion must also be immediately removed from a sporting activity and not allowed to return until the receipt of a written clearance from an appropriate health professional. The law excludes individuals age 17 and enrolled solely in an institution of higher learning. Follow the links below for more information on Michigan legislation and training resources. Please feel free to share your experience with injuries as a result of your youth participating in summer sports, it may be helpful to someone else.
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Community Board
Links:
Michigan Concussion Laws
https://www.michigan.gov/mdhhs/0,5885,7-339-71548_54783_63943-295306--,00.html
Michigan’s Sports Concussion Law: Compliance Checklist
https://www.michigan.gov/mdhhs/0,5885,7-339-71548_54783_63943-297176--,00.html
Youth Sports Training
https://www.cdc.gov/headsup/youthsports/training/index.html
High School Sports Training: Concussion in Sports
https://nfhslearn.com/courses?searchText=Concussion
CDC: Opportunities to Reshape the Culture Around Concussions in Sports
https://www.cdc.gov/headsup/resources/playbook.html
REAP the Benefits of Good Concussion Management (2013)
https://issuu.com/healthone/docs/reap_oct21
Recovering from Mild Traumatic Brain Injuries/Concussion
https://www.michigan.gov/mdhhs/0,5885,7-339-71550_2941_4868_42176-201416--,00.html
Additional Resources
https://www.michigan.gov/mdhhs/0,5885,7-339-71550_2941_4868_42176-201416--,00.html
This is, of course, not the first time that we’ve seen this plan. President Clinton rolled out a similar mandate back in 1996 – problem was, there were no jobs. Things are a little different because most welfare recipients today are currently employed. Since the advent of TANF (Temporary Aid to Needy Families), our current welfare system, a work requirement for benefits clause is already in place. Trump simply signed an Executive Order to cut funding to major programs (i.e. Medicaid and food stamps) and asking states to reinforce the mandate in effect reducing rolls by eliminating recipient benefits.
However, it is a fact that the economy is booming with unemployment rates at all-time lows even below the 5% national standard for full employment. According to the Bureau of Labor Statistics, the national rate stands at 3.9% and a 4.6% rate here in Michigan as of May 2018. Even Detroit carries an estimated low of 8.6% as of March 2018 plummeting from its peak of a 28% unemployment rate in 2009. All things considered, the official numbers (both nationally and locally) would likely double since part-time and discouraged workers are not included. Still, there is a marked improvement in job availability and employment opportunities now than what it was under Clinton’s plan in 1996.
People are also more educated these days as high school graduation and college enrollment rates have risen drastically over the past decade. The national high school graduation rate is at 84%. The State of Michigan is holding at about a 79% graduation rate since 2015, and Detroit’s graduation rate stands slightly over 80% for the 2016-17 school year, according to the Michigan Center for Educational Performance. Unfortunately, though, only about 30% of American adults hold a Bachelor’s degree. Only 39.4% of working-age adults (between 25 and 64) hold a two-year degree. That number drops in the Detroit area with a low 28% college graduation rate showing about 11% with Bachelor degrees and just over 8% holding a two-year Associates degree. That’s according to the Open Data Network (2016).
White House Budget Director, Mike Mulvaney (CNN Money, May 2017) states, “We are no longer going to measure compassion by the number of programs or the number of people on those programs. We’re going to measure compassion and success by the number of people we help get off those programs and get in charge of their lives.” As such, the employment requisite is set to offer a variety of options for recipients to satisfy the work requirement such as documented job-seeking activities, going to school, performing community service, or participating in a job-training program.
But the plan may be misguided or incomplete, at best, because most welfare recipients already have jobs as a requirement of the current benefit structure under TANF. The plan also does not take into consideration the many barriers to employment such as the required job skills and qualifications needed to obtain a job, transportation, child care, or, even, health. Then, what happens when we factor in the part-time workers who are employed but less than the mandated work requirement and can’t find full-time jobs. And, what about the fact that this same plan calls for defunding job training programs. We can be sure that the severely poor will get caught in the cross-fire and lose their safety net in the process.
Some tend to forget that the poorest population are children at a national poverty rate of 21% - that’s about 15 million U.S. children who live in abject poverty. We have become so defocused by able-bodied adults on welfare that it is forgotten that those benefits are received because of needy children or disabled persons in the household. Furthermore, the benefit structure of TANF imposes lifetime limits on assistance up to five (5) years and no longer allow benefits to be significantly raised for every additional child born to the household. That was the AFDC (Aid to Families and Dependent Children) program. Yet, these myths continue to be perpetuated to stigmatize the poor who depend on government assistance to survive.
Here’s the breakdown of employment for Medicaid recipients: 41% are employed full-time, 18% work part-time, and another 41% are unemployed. The percentage of unemployed recipients include children, seniors, and the disabled. The clear target of the States’ revival of work mandates are the able-bodied, working-age adults who acquired health insurance from the Medicaid expansion provision through Obamacare. This provision, in effect, made Medicaid an entitlement as some would assess. Under TANF, work requirements only applied to food stamps, cash, and housing assistance. Medicaid had no work requirement clause so states could not mandate recipients to work for government healthcare, until now.
In Michigan, legislators voted to implement a “workforce engagement rule” under Medicaid. This will require recipients to maintain full-time employment, at least 29 hours per week to retain their health coverage. Trump signed his Executive Order on Tuesday, April 10, 2018, a week later the Michigan Senate passed the work requirements bill for Medicaid on Wednesday, April 18, 2018. The rule will go into effect in October 2019 and does provide for satisfying the requirement by either employment, school, or job-seeking activities. Michigan residents who live in counties with an 8.5% unemployment rate or higher, disabled persons, full-time students, and those receiving substance abuse treatment would be exempt from the rule.
Was this post helpful? Leave a comment and share your thoughts. If you’re in need of case management services or assistance please Contact Us by completing the confidential contact form. Also, consider donating to continue this important work and expand our reach to the broader community.
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Related Posts:
[Opinion] The Working Poor: On Welfare With A Job
http://www.canmichigan.com/blog/opinion-the-working-pooron-welfare-with-a-job
Community Resources
http://www.canmichigan.com/community-resources-michigan.html
Links:
Trump Signs Executive Order Pushing Work Requirements for Welfare Recipients
https://www.cbsnews.com/news/trump-signs-executive-order-pushing-work-requirements-to-receive-welfare-benefits/
MI Senate Passes Bill That Would Require People on Medicaid to Work
https://www.wxyz.com/news/mi-senate-to-vote-on-bill-that-would-require-people-on-medicaid-to-work
Republicans Want the Poor to Work for their Government Benefits
http://money.cnn.com/2017/05/30/news/economy/republicans-work-requirements-poor-benefits/index.html
Bureau of Labor Statistics
https://data.bls.gov/timeseries/LASST260000000000003
Detroit’s True Employment Rate
http://michiganradio.org/post/detroits-true-unemployment-rate
Open Data Network
https://www.opendatanetwork.com/entity/310M200US19820/Detroit_Metro_Area_MI/education.graduation_rates.percent_bachelors_degree_or_higher?year=2016
Trump’s Budget Proposes 40% Cut to Job Training Programs
http://money.cnn.com/2017/05/24/news/economy/trump-budget-job-training-programs/index.html?iid=EL
The working poor has quickly become the invisible demographic, not only in the labor force, but they remain uncounted in analyses of state and federal budgets, and most often, when it comes to counting the number of people who continue to rely on welfare despite their active employment status.
That is, despite the fact that these workers actively participate in the workforce, they remain economically vulnerable and at-risk for poverty. In 2012, according to the U.S. Census Bureau, some 52 million Americans accounting for about 21% of the population participated in major “means-tested” government welfare programs. Means-tested…that is, poor people’s welfare where household income and assets are calculated to ensure that the individual applying for various types of assistance lives at or below federal poverty levels. |
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The ‘major programs' referenced as being measured in the U.S. Census Bureau report include cash assistance, food stamps, Medicaid, SSI, and WIC.
Census Bureau stats show that number of participants ballooned to approximately 110 million welfare recipients by the fourth quarter of 2012.
The Bureau of Labor Statistics reported approximately 106 million full-time workers for 2013 but not all of them worked the full year.
From this view alone, some may conclude that the problem is welfare recipients and how they out-number the working people who has to subsidize them. But, let’s examine the numbers a little closer so that we have an accurate depiction of what they really mean.
It’s always better to know the real answers so that we can address the real problem and attempt to resolve the problem with real solutions.
First, the reports cited do not take into consideration the estimated three-quarters (3/4) of workers who are employed but still rely on anti-poverty programs like food stamps and Medicaid.
These are the “working poor” a new and rising economic class that’s often overlooked.
According to a study by the Berkley Center for Labor Research and Education cited by the New York Times (2015), “taxpayers not only support the poor but also pay a huge subsidy for employers with low-wage workers…this is the hidden cost of low-wage work.”
The cost of subsidies such as the Earned Income Tax Credit and Medicaid when workers are denied living wages and health insurance also fall into the pockets of other taxpayers.
The University of California – Berkley further estimates a $150 billion annual expense for state and federal governments for workers who also rely on welfare to make ends meet.
Politicians, generally, like to spew out stats that appear to show that hard working people are being overtaken by the shiftless to justify the need to end welfare.
Of course, without giving the full picture of who receives these benefits, why, and for how long.
They also do not tell us how the studies were conducted, things like what is being measured, how it was measured, or what portion was taken from a small sample and generalized to an entire demographic.
Believe it or not, these factors and others make a significant impact on the outcomes
Instead, stereotypes are created like ‘welfare queens’ and ‘the makers versus the takers’ rather than deal in reality about real social problems that have attainable solutions.
It is important to note that when analyzing studies on welfare to understand that in every case the measurements (in terms of what is being measured) were different.
For example, if you look at studies that is supposed to measure the number of people on welfare, some some may only include recipients of TANF (cash assistance), food stamps, and Medicaid. Other studies may include SSI, WIC, and housing subsidies.
Some are longitudinal studies which follow a large sample of people over time while others simply counted the number of people on welfare rolls, and so on.
But, the common thread is that few studies, rarely if ever, discuss or offset the numbers by workers on welfare or how many workers held their job an entire year, etc.
This is important because it gives us a skewed sense of reality about the economy and the human condition.
So, in the world of fake news and alternative facts we search for the truth - things we need to consider in our political debates and certainly when developing public policy.
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Redefining Social Welfare...Again
http://www.canmichigan.com/blog/redefining-social-welfare-again
Wraparound Services Section
Free Tax Preparation – Earned Income Tax Credit Panel
http://www.canmichigan.com/wraparound-services.html
Links:
https://www.census.gov/newsroom/press-releases/2015/cb15-97.html
https://www.census.gov/newsroom/blogs/random-samplings/2015/05/how-long-do-people-receive-assistance.html
https://www.nytimes.com/2015/04/13/business/economy/working-but-needing-public-assistance-anyway.html
In Michigan, homeowners and renters qualify for the Homestead Property Tax Credit. The qualifiers are based on the payment of property taxes which homeowners pay directly and renters pay indirectly through monthly rental payments. The purpose of the homestead tax credit is for the state to help you pay some of your property taxes if you are a qualified homeowner or renter and meet the requirements. To file for the credit complete the Michigan Homestead Property Tax Credit Claim MI-1040CR. In most cases, the credit is based on a comparison between property taxes and total household resources.
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A homestead is your permanent, primary residence and must be located in the State of Michigan. You must be the owner and occupant or contracted to pay rent and occupy the residence at least six (6) months out of the year. According to Michigan state law, vacation homes, cottages, second homes, property you rent to others, and college/university operated housing does not qualify for the credit. You can only have one (1) homestead at a time. This is a summary of the homestead tax credit.
You may claim a property tax credit if all of the following apply:
- Your homestead is in Michigan.
- You were a resident in Michigan for at least six (6) months during the year.
- You own or are contracted to pay rent and occupy a Michigan homestead where property taxes are levied.
- If you own a home, your taxable property value is $135,000 or less (unless unoccupied farmland)
- Your total household resources are $50,000 or less (part-year residents must annualize total household resources to determine if a credit reduction applies)
Homeowners and renters whose total household resources (100%) are received from the Michigan Department of Health and Human Services (i.e. FIP cash assistance, FAP food assistance, etc.), you do not qualify. This rule does not apply to recipients of social security and other disability payments.
To calculate your total household resources:
www.michigan.gov/documents/taxes/ChecklistDetermineTHR_444822_7.pdf
Checklist for preparing a Michigan Homestead Property Tax Credit Claim
https://www.michigan.gov/documents/taxes/MI-1040CR-Checklist_405711_7.pdf
Sample Property Tax Statement
https://www.michigan.gov/documents/TaxStmt_139884_7.pdf
You may submit your Michigan Homestead Property Tax Credit Claim (MI-1040CR) with your MI-1040, if you are required to file an individual tax return. However, you are not required to file a Michigan tax return to claim the homestead property tax credit. You have four (4) years from the original due date to file your claim.
Additional Recommendations
Active military personnel, eligible veterans, or surviving spouse of a veteran should complete both the MI-1040CR and the MI-1040CR-2 (Michigan Homestead Property Tax Credit Claim for Veterans and Blind People). Submit the form that gives you the larger credit. Blind homeowners should also complete both the MI-1040CR and the MI-1040CR-2 and file the form that gives you the larger credit. Renters who are blind must file the MI-1040CR.
Total Household Resources
The goal in tax planning is to find ways to reduce your taxable income. You begin that process by analyzing your household income and assets. Total household resources include all income received by all household members during the year, including income that might be exempt from federal adjusted gross income. Losses from business activity may not be used to reduce total household resources. Some things to consider as household resources include:
- Earnings (wages, salaries, tips)
- Pensions
- Interest and Dividends
- Business income
- Royalties
- Alimony
- Disability payments
- Awards, lottery winnings, etc.
- Child Support
Renters aged 65 or older qualify for the Alternate Property Tax Credit whose rent is 40% of their total household resources. Visit the Michigan Homestead Property Tax Credit – Homepage for further information on the worksheet and estimator.
For cooperative housing you may claim your share of the property taxes on the building and land under the building. If rent is paid on the land, you may claim 20% of that land rent. Association fees do not apply.
Family Independence Program (FIP) recipients who receive cash assistance from the Michigan Department of Health and Human Services (MDHHS) can claim a prorated credit based on income from other sources compared to your total income. FIP recipients who receive 100% of their total household resources from MDHHS do not qualify for this credit. Visit the Michigan Homestead Property Tax Credit – Homepage for further information on the Individual Tax Credit instructional booklet and how to calculate the credit.
Homeowners involved in a mortgage foreclosure or home repossession will have an impact on their Individual Income Tax Return (MI-1040) and Homestead Property Tax Credit (MI-1040CR). Visit the Michigan Homestead Property Tax Credit – Homepage on Information for Mortgage Foreclosure or Home Repossession and Your Michigan Income Tax Return.
Mobile home park residents qualify to claim $3/month specific tax up to $36 and 20% of their annual rent expense less the maximum $36 specific tax. You may also claim tax payments on attached buildings (i.e. garage, tool sheds, etc.).
Homeowners and renters must know the move-in and move-out dates from a home. Renters must know the date you rented and move-out date. Homeowners must know the purchase date and the date you sold a home. Homeowners with more than one property may only claim the prorated taxes for homes with a taxable value of $135,000 or less. The taxable value is the value on which property taxes are calculated (See your tax statement or contact your local city/township/county assessor’s office).
If you sell your home for more than you paid, plus improvements, it is considered a capital gain. In general, capital gains are not taxable but must still be added to your total household resources from the sale of your home. When buying or selling a home you must prorate only the taxes levied (billed) to determine the taxes that can be claimed for credit. Taxes are prorated by using the amount billed during the tax year on each homestead and divide based on the days of occupancy. The combined property taxes and/or rent may not exceed twelve (12) months.
Residents of “special care” facilities (nursing home, home for the aged, adult foster care) may claim the credit for rent only. If the rent includes other services, you can calculate the portion that constitutes the rent by determining your portion of the property taxes by square footage, or, by dividing the amount of property taxes by the number of residents the home is licensed for. You may be required to submit the landlord’s documentation to verify the claim.
- If you live in the homestead and your spouse lives in a special care facility, you may combine the taxes or rent and the facility to compute your claim.
- If you are single and live in a special care facility but maintain a homestead that is not rented to someone else, you may claim the taxes on the homestead but not the cost for the facility. Choose the one that gives you the largest credit.
If you live in public housing and the owner does not pay property taxes or a service fee, you are not eligible for the homestead property tax credit.
If you live in Section 8 housing and a portion of your rent is paid by MSHDA, or any government agency, you may claim your portion of the rent that you actually paid.
If you live in Service-Fee Housing you may claim only 10% of the rent for the homestead property tax credit. Service-Fee Housing is a program where the property owner and the municipality agree on a service-fee payment instead of property taxes. Service-fee housing are typically low-income or senior-citizen housing and may be an apartment or single-family home. Service-fees are usually less than property taxes.
In shared housing situations, it should be noted that in all scenarios you are required to include gifts of cash or expenses paid on your behalf in your total household resources. This includes all contributions from other occupants in the home used to pay taxes, rent, utilities, etc.
Eligibility criteria for shared housing:
- Two or more owner occupants, each may file a homestead property tax credit for the prorated share of the taxable value and property taxes. Property taxes must be divided equally between each individual.
- Two or more individuals contracted to pay rent and occupy the home (roommates) may each file a homestead property tax credit for their prorated share of the rent paid and total household resources.
- A single individual owns the home or is contracted to pay rent but has others living in the home may claim the homestead property tax credit. However, the individual must add any contributions from other occupants (cash gifts or expenses paid on your behalf) in their total household resources.
Principle Residence Exemption (PRE)
Owner/occupants of their principle residence may be exempt from a portion of your local school operating taxes. The PRE (formerly, the Homestead Exemption) exempts a principle residence from taxes levied by a school district for school operating purposes up to 18 mills. You must be a Michigan resident who owns and occupies the property as a principle residence. The PRE is a separate program from the Homestead Property Tax Credit.
A property owner may claim a PRE by submitting Affidavit Form 2368 (link below) to the assessor for the city or township where the home is located. The first deadline is June 1 and a second deadline is November 1 each year. However, when you no longer own or occupy the property as a primary residence, you must file a Request to Rescind Homeowner’s Principle Residence Exemption (PRE) – Form 2602. You must request to rescind the PRE by submitting From 2602 to the city assessor within ninety (90) days of the change or be penalized. Failure to rescind a PRE may result in additional taxes, interest and penalties.
A conditional rescission allows an owner to receive a PRE on their current property and previously exempted property simultaneously up to three (3) years. The owner must submit a Conditional Rescission of Principle Residence Exemption (PRE) – Form 4640 to their city or township assessor before June 1 or November 1 of the first year of the claim.
Disabled Veterans Property Tax Exemption
Disabled veterans may be eligible to receive a full exemption from paying property taxes on their primary residence if 100% disabled, service-connected. They are also eligible for the Homestead Property Tax Credit separate from the property tax exemption program. Disabled veterans or surviving spouse may request the exemption by filing an affidavit to the Michigan Department of Treasury the first two (2) months of the assessment year (January or February). This benefit also qualifies disabled veterans for specially adapted housing. Please contact the Michigan Department of Treasury for more information.
First-Time Homebuyers and Homesteaded Properties
One final note, first-time home buyers should also verify if their property has been homesteaded. In such cases, this means that your property taxes are significantly reduced. In Michigan, the tax break for “homesteaded” properties equate to the millage amount of a school district, which is about one-half of your tax bill. The benefits of a homesteaded property are not only lower taxes, but, lower taxes also mean lower mortgage payments. Be sure to inquire with your realtor regarding properties that are homesteaded vs. non-homestead before you purchase a home.
When submitting a request for review if your credit was less than expected, use the following checklists depending on your occupancy status.
Homeowner’s Checklist:
https://www.michigan.gov/documents/taxes/MI-1040CROwnersChecklist_405714_7.pdf
Renter’s Checklist:
https://www.michigan.gov/documents/taxes/MI-1040CRRentersChecklist_405697_7.pdf
Be sure to visit the Homestead Property Tax Information – Homepage for more information regarding frequently used homestead property tax credit forms and instructions. If you still have questions, it is advised that you contact a local tax professional for further assistance.
Was this post helpful? Leave a comment and share your thoughts. If you’re in need of case management services or assistance please Contact Us by completing the confidential contact form. Also, consider donating to continue this important work and expand our reach to the broader community.
Contact Us:
http://www.canmichigan.com/reach-out-to-us.html
Donate:
https://www.paypal.com/donate/?token=u9ZbQw7yTRWAm9K4Yl2MKERd76oKf_lBrejXuVLAx0j5rsSTG72gmICfR9S-bVY4az_Imm&country.x=US&locale.x=US
Related Posts:
Utility Assistance: The Michigan Home Heating Credit
http://www.canmichigan.com/blog/the-michigan-home-heating-credit
Free Tax Preparation Services
http://www.canmichigan.com/wraparound-services.html
Links:
Michigan Homestead Property Tax Information – Homepage
https://www.michigan.gov/taxes/0,4676,7-238-43535_43538-155081--,00.html
Michigan Homestead Property Tax Information for Separated or Divorced Taxpayers
https://www.michigan.gov/documents/taxes/2105_509978_7.pdf
Worksheet for Married, Filing Separately, and Divorced or Separated Claimants
https://www.michigan.gov/documents/taxes/5049_609035_7.pdf
Checklist for Total Household Resources https://www.michigan.gov/documents/taxes/ChecklistDetermineTHR_444822_7.pdf
List of Income and Deductible Items from Total Household Resources
https://www.michigan.gov/documents/taxes/CC-41011_608354_7.pdf
Qualified Health Insurance Premiums
https://www.michigan.gov/taxes/0%2C1607%2C7-238-43535_43538-228583--%2C00.html
Information for Mortgage Foreclosure or Home Repossession and Your Michigan Income Tax Return
https://www.michigan.gov/taxes/0,4676,7-238-43513-228580--,00.html
Michigan Department of Treasury – Individual Income Tax Division
https://www.michigan.gov/taxes/0,4676,7-238-43513---,00.html
Principle Residence Exemption – Homepage
https://www.michigan.gov/taxes/0,4676,7-238-43535_43539-210891--,00.html
Homeowner’s Principle Residence Exemption Affidavit – Form 2368
https://www.michigan.gov/documents/2368f_2605_7.pdf
Principle Residence Exemption Guidelines
https://www.michigan.gov/documents/taxes/2856_PRE_guidelines_607370_7.pdf
Request to Rescind Homeowner’s Principle Residence Exemption (PRE) – Form 2602
https://www.michigan.gov/documents/2602f_2607_7.pdf
Conditional Rescission of Principle Residence Exemption (PRE) – Form 4640
https://www.michigan.gov/documents/taxes/4640_231633_7.pdf
Michigan Homestead Property Tax Credits for Separated or Divorced Taxpayers
https://www.michigan.gov/documents/taxes/2105_509978_7.pdf
Michigan Married Filing Separately or Divorced and Separated Claimants Schedule
https://www.michigan.gov/documents/taxes/5049_609035_7.pdf
The deadline for filing the Michigan Home Heating Credit (MI-1040CR-7) for the 2017 tax year is September 30, 2018. The program is offered by the State of Michigan to help pay some of your heating costs whether you are a qualified Michigan homeowner or renter. The credit is an income-support program designed to provide assistance to deaf, blind or disabled persons, and disabled veterans. However, Michigan residents who do not fall into these categories also qualify under special circumstances. The Michigan Department of Treasury determines eligibility for the Home Heating Credit and makes payments in the form of a State of Michigan Energy Draft. The basic structure of the credit generally compares your standard credit allowance or actual heating costs to total household resources.
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Even more relevant to the topic, for our purposes, is that new work requirement legislation has passed in Michigan. It will mandate all able-bodied adults to return to work, school, or job training for a minimum of 29 hours a week to keep their Medicaid. This new legislation termed the “workforce engagement rule” is actually a revisit to President Clinton’s “welfare-to-work” initiative under the Personal Responsibility and Work Opportunity Act (PRWORA) of 1996 that created TANF. Temporary Aid to Needy to Families (TANF) is our current system of welfare benefits that replaced Aid to Dependent Children (ADC), created by President Roosevelt’s New Deal during the 1930s Great Depression. It later became Aid to Families with Dependent Children (AFDC) in the 70s. Of course, the open-ended benefit structure of ADC/AFDC is a thing of the past and lawmakers are doing everything possible to be sure of it.
To the point, the new “workforce engagement rule” passed in the Michigan Senate in April 2018 and will go into effect in October 2019. One month after the expiration of the Michigan Energy Assistance Program (MEAP) which funds utility bill payment assistance programs across the state. Needless to say, lots of changes are coming and many will be required to enter the workforce and encounter tax laws that they may not understand. Still, many others who are already employed may not be fully aware of the existing tax structures and how they may benefit or be adversely affected by them. This information is critically important to recipients of unearned income (i.e. state cash assistance (FIP), disability, etc.) and low-wage earners, particularly those who supplement their incomes with food stamps (FAP).
The first issue with the Home Heating Credit is to understand what a “homestead” is and what it isn’t. The short answer is that a homestead is your primary residence. A homestead is not the house that you use for rental property, a vacation home, cottage, college or university operated housing (i.e. dorms, apartments, resident halls), or a home you have in another state. You are only qualified to claim the Homestead Credit for your permanent home where you live in Michigan. You must be the owner and occupant or contracted to pay rent and occupy the home. You can only have one (1) homestead at a time.
General eligibility criteria are as follows:
- You occupy a Michigan homestead (a dwelling – occupied as a home).
- You are a homeowner or a contracted renter (by lease or month-to-month).
- You were not a full-time student claimed as a dependent on another person’s return.
- You did not live in college or university operated housing for the entire year.
- You did not live in a licensed care facility for the entire year.
- Your income level is within the income limits in the Standard Credit Allowance Table or the Alternate Credit Allowance Table, depending on the method you are qualified to use.
The Standard Credit
You must be eligible to use the standard method and indicate on the Home Heating Claim if your heating costs are in someone else’s name or included in the rent. The standard credit computation is based on the standard allowances for the number of exemptions you claimed.
You may be eligible to use the standard method if:
- You lived in Michigan any amount of time in the year of the claim. You will need to prorate the standard allowance for the time you resided in Michigan if it is less than 12 months.
- You are claiming heat costs for your Michigan home as a primary residence, not a vacation home or commercial account.
- Your total household resources level is within the limits for this credit.
(Note: If you lived in your homestead less than 12 months, the standard allowance must be prorated)
Exemptions
|
Standard Allowance
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Income Ceiling
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0 - 1
|
$465
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$13,271
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2
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$626
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$17,871
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3
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$787
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$22,471
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4
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$948
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$27,071
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5
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$1,109
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$31,671
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6
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,$1270
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$36,271
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-----
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+ $161 for each exemption over 6
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+$4,600 for each exemption over 6
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The alternate credit allowance utilizes home heating costs to calculate your credit. You must add up the amounts you were billed for heat from November 1, 2016 to October 31, 2017. If you buy bulk fuel (oil, coal, wood, or bottled gas), add your receipts to get your total heating cost. Be sure to maintain receipts as treasury may request them to verify your claim.
You Are Not eligible to calculate the credit using the Alternate method if:
- You were not a Michigan resident for a full 12 months for the year of the claim.
- Your heating costs were included in your rent or in someone else’s name at the time you filed your claim.
- You are claiming heat costs for your vacation home or a commercial account.
- You are a claimant filing a deceased taxpayer’s home heating credit claim.
- Your total household resource’s level is above the level for this credit.
Exemptions
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Maximum Income
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0 - 1
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$14,111
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2
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$18,989
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3
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$23,872
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4
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$24,882
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The goal in tax planning is to find ways to reduce your taxable income. You begin that process by analyzing your household income and assets. Total household resources include all income received by all household members during the year, including income that might be exempt from federal adjusted gross income. Losses from business activity may not be used to reduce total household resources. Some things to consider as household resources include:
- Earnings (wages, salaries, tips)
- Pensions
- Interest and Dividends
- Business income
- Royalties
- Alimony
- Disability payments
- Awards, lottery winnings, etc.
- Child Support
You may claim the credit if you share a home with another contracted renter who pays a share of the rent (i.e. roommates). Each occupant should file a claim based on their individual total household resources and share of the standard allowance. Use Table A to determine the standard allowance for the number of occupants in the home.
You may qualify for the credit as a Part-Year Resident if you occupied your Michigan home (own or rent) for less than twelve (12) months. See the link “Michigan Home Heating Credit – Homepage” for information on how to calculate the credit.
You do not qualify for the credit if you live in a licensed care facility (i.e. Adult Foster Care, Licensed Home for the Aged, Nursing Home, and Substance Abuse Treatment Centers). However, subsidized senior apartments are not licensed care facilities and senior citizens may apply for the credit.
- You may also qualify for a partial credit if you lived in a licensed care facility only part of the year.
- Married residents may qualify and file a joint claim if you live in the homestead (primary residence) and your spouse lives in a licensed care facility.
- Single residents may qualify if you maintain a homestead (primary residence) but live in a licensed care facility. You may claim a credit for the heating costs paid to maintain the homestead. You must also provide proof of those payments.
If a claimant dies before the end of the tax year, a personal representative or surviving spouse may claim the standard heating credit but may not claim the alternate credit. In the case of a surviving spouse, file a joint claim using the same number of exemptions you would have used had your spouse lived all year. You must report the deceased’s income, date of death, and write that you are “Filing as a Surviving Spouse” in the appropriate sections of the claim. There are additional special instructions if you are filing as a personal representative for a deceased single taxpayer or if both taxpayers are deceased. See the Michigan Home Heating Credit – Homepage link below.
Other important factors to keep in mind:
- You do not need to file a state income tax return to claim the home heating credit.
- Eligibility is based on income, number of exemptions, and home heating costs.
- Forms are automatically mailed to households that received the credit last year.
- Applications are available from mid- to late January and may be made through September 30th each year.
People rarely think of tax credits as a utility assistance program such as the Michigan Energy Assistance Program (MEAP) or Low-Income Self-Sufficiency Program (LSP) both of which we have previously discussed. But, the Home Heating Credit is, in fact, a federally-funded energy assistance program, administered by several State of Michigan agencies and designed to benefit low-income households. But it is important to know that the Home Heating Credit can affect the amount food assistance benefits you receive.
According to the Michigan Department of Health and Human Services, food benefits for some renters may be increased if the household received a home heating credit greater than $20 in the current month or previous twelve (12) months. This is important for renters whose heating costs are included in their rent. You can make sure that your home heating credit is used to calculate your food benefits by informing your DHS worker or indicating it on your MDHHS public assistance application. If you receive any type of public assistance your Home Heating Credit will be paid directly to your utility provider and credited to your account.
Be sure to visit the Michigan Home Heating Credit – Homepage for more important information regarding mistakes to avoid in filing your claim, the payment process, how to check the status of your home heating credit, forms and instructions, and other helpful information. Click the links below for more information on free tax preparation services, tax planning, how to calculate your Total Household Resources, qualified health insurance premiums, and how to file your Michigan Home Heating Claim. See the link “Home Heating Credit and Shared Housing Situations” for information on how to calculate the credit.
Was this post helpful? Leave a comment and share your thoughts. If you’re in need of case management services or assistance please Contact Us by completing the confidential contact form. Also, consider donating to continue this important work and expand our reach to the broader community.
Contact Us:
www.canmichigan.com/reach-out-to-us.html
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Related Posts:
Free Tax Preparation Services
www.canmichigan.com/wraparound-services.html
Community Resources - Utility Assistance
http://www.canmichigan.com/community-resources-michigan.html
Links:
Tax Planning for Beginners (Turbo Tax article)
turbotax.intuit.com/tax-tips/tax-planning-and-checklists/tax-planning-for-beginners/L1zd34qfu
Michigan Home Heating Claim Instruction Booklet
www.michigan.gov/documents/taxes/MI1040CR7_BOOK_610872_7.pdf
Michigan Home Heating Credit - Homepage
www.michigan.gov/taxes/0,4676,7-238-43513_66852-330928--,00.html
Checklist for Total Household Resources
www.michigan.gov/documents/taxes/ChecklistDetermineTHR_444822_7.pdf
List of Income and Deductible Items from Total Household Resources
https://www.michigan.gov/documents/taxes/CC-41011_608354_7.pdf
Qualified Health Insurance Premiums
https://www.michigan.gov/taxes/0%2C1607%2C7-238-43535_43538-228583--%2C00.html
Home Heating Credit and Shared Housing Situations
https://www.michigan.gov/taxes/0,4676,7-238-43513-228582--,00.html
MI Bridges: Apply for Assistance or Manage Your Account
https://www.mibridges.michigan.gov/access/
However, this fact works in favor of claimants if, and, when there is the unfortunate occurrence of a motor vehicle accident.
In Michigan, there is a growing trend of attorney tv advertisements bolstering personal injury claims resulting from motor vehicle accidents. The reason is that few policy holders are aware of the compensable benefits they are entitled to when injured by a car. Although we pay the enormous costs to insure vehicles, claims are rarely filed in fear of raising insurance costs. But what policy holders usually don’t know is that in cases of injury the benefits can be just as significant, at least, here in Michigan. Thus, it is of critical importance for accident victims to fully understand their legal rights regarding auto claims or they may lose them.
The ability to file personal injury claims for auto-related accidents stems from the statutory Section 3105 of the Michigan No Fault Act which is considered the pivotal or gateway section to No Fault PIP benefits. While Section 3105(2) gives the No Fault system its name, Section 3105(1) sets forth the basic legal entitlement test for compensable PIP benefits. The Section reads: “Under personal protection insurance an insurer is liable to pay benefits for accidental bodily injury arising out of the ownership, operation, maintenance, or use of a motor vehicle, as a motor vehicle, subject to the provisions of this chapter.”
So, as you can see the entitlement language of this section goes beyond bodily injury resulting from auto collisions. It also deals with injuries “arising out of the ownership, operation, maintenance, or use of a motor vehicle.” The language of Section 3105(1) extends entitlement benefits beyond the typical scenario of auto collisions to non-collision accidents such as injuries sustained during the process of vehicle maintenance, or, simply riding in a vehicle.
After examining the scope of PIP benefits the next issue is to review the eligibility requirements to access those benefits. In order to do that we have to review the entitlement test and statutory exclusions and disqualifications as set forth in Section 3105(2). There are five elements that qualifies an injured party to No Fault PIP benefits.
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Entitlement disqualifications fall into two (2) categories: (a) the parked vehicle exclusion, and (b) the statutory disqualification. The parked car exclusions are outlined in Section 3106(1) and Section 3106(2). It is important to know that neither section does not expressly state you are disqualified from entitlement benefits if accidental bodily injuries are sustained in a collision with a parked car but does require specific circumstances that make those benefits payable. Also, when an accident occurs involving, both, a parked and moving vehicle at the same time, the moving vehicle takes precedence for eligibility to benefits and the parked car criteria are not applied. An accident with a parked vehicle must fall into the following four (4) scenarios:
- the car must be improperly parked, in such a way as to cause unreasonable risk of injury
- the injury must occur as a result of direct physical contact with:
- permanently-mounted vehicle equipment while in use or being operated
- property being lifted on and lowered from the vehicle while loading or unloading
- an injury occurred while occupying, entering into, or, getting out of a parked vehicle
- an injury occurred while performing vehicle maintenance
The fifth parked car exclusion criteria as stated in Section 3106(2) specifies that benefits are not payable when an accident occurs with a parked car and an injury occurs during loading, unloading, performing mechanical duties, or getting in or out of a vehicle while in the course of employment. The reason is that injuries sustained in the course of employment are generally covered under workers’ compensation laws. Exceptions to this exclusion is when the injured person is an occupant of the vehicle or driving the vehicle in the course of employment. In the case of either occupying, or, driving a vehicle in the course of employment, the employee would be entitled to both workers’ compensation and PIP benefits.
Statutory disqualifications are outlined in Section 3113 which states that an injured persons are not entitled to PIP benefits when operating: (1) a stolen vehicle or motorcycle; (2) an uninsured vehicle; (3) a vehicle registered and insured in another state outside of Michigan and the occupant is a foreign resident; and, (4) a vehicle or motorcycle as an unauthorized user.
Finally, PIP benefits can be payable to Michigan residents when an accident occurs out-of-state. But the injured party must be covered under a Michigan No Fault policy as the insured, the spouse or resident relative of the insured, or the occupant of a Michigan insured vehicle. Out-of-state residents may also be entitled to PIP benefits when occupying a Michigan insured vehicle, or as a pedestrian, bicyclist, or motorcyclist injured by a insured moving vehicle. Furthermore, out-of-state citizens may draw benefits if insured by an insurance company authorized to do business in Michigan stipulated by a maximum $500,000 limitation in certain cases. Out-of-state claimants should seek legal counsel to interpret the complicated scenario of non-resident entitlements.
If you have questions, please complete the Contact Form for more information.
Credit Commons Photo Credit: Source
Related Posts:
AUTO ACCIDENT VICTIMS AND NO FAULT INSURANCE
auto-accident-victims-and-no-fault-insurance.html
AUTO INJURY CASE MANAGEMENT SERVICES
www.canmichigan.com/case-management-services.html
The Community Advocate Network advocates for our returning citizens who wish to reenter and become productive contributors to society. We also support reentry programs and services that seek to remove barriers and promote a seamless transition to facilitate that goal. According to the National Institute of Justice (2014), the U.S. holds a 76.6% rate of recidivism for rearrests.
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Studies show recidivism rates are highest in three primary demographics: males, African-Americans, and young adults. National totals suggest that within three (3) years 67.8% (about 2/3) of prisoners are rearrested, within five (5) years 76.6% (about 3/4) are rearrested, and of those rearrests an estimated 56.7% (more than half) return to prison within the first year, post release.
In the article, “Once a criminal, always a criminal?” (April 2014), CBS news further delineates those numbers reporting recidivism rates within five years of release as high as 82% for property offenders, 77% for drug offenders, 74% for public order offenders, and 71% for violent offenders. Property offenders, contrary to popular belief, were specifically denoted as being the most likely to reoffend or relapse into new crime. Now, we are not going to have a discussion today about whether, or not these offenders can be rehabilitated. The goal of this writing is to inform those who have been afforded the opportunity to reenter society with intention to resume or develop self-sufficiency. |
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So, why do we look at the numbers? We do not review the numbers simply to gauge the rates of criminality, initial incarceration, and relapse. But the numbers also give us a sense of urgency about the need to appropriately reengage former offenders and an idea about the window of opportunity to do so. Furthermore, the numbers reveal the need for more opportunities, fair chance laws, and supportive services for individuals with criminal backgrounds.
The subject of fair chance laws lends to the issue of a little-known concept called “Ban-the-Box.” As people return to society with criminal records they are likely aware of most challenges they will face. The range of challenges can go as far as gaining employment, establishing independent living, acquiring a driver license or student loan, or having access to healthcare and other social service benefits. These factors can be a set-up for failure even for those with the best intentions causing them to reoffend and reenter the criminal justice system. Under these difficult circumstances, there is a law that you should know about that may increase your chances of obtaining new employment for those on a quest to reenter the workforce.
The “Ban-the-Box” or “Fair Chance” law addresses the issue of whether, or not an employer can include questions about an individual’s criminal background or convictions on employment applications. Currently, there are seventeen (17) states who have adopted “Ban-the-Box” laws including California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey, New Mexico, Ohio, Rhode Island, Vermont, and Virginia.
With over 100,000 (about 15%) of adult African American Detroiters (ages 25 - 54) with felony records in 2010, Detroit adopted a "Ban-the-Box" ordinance and further required contractors and vendors with the City to completely remove criminal history questions from applications. However, adopting a form of the fair chance ordinance for employment and housing vendors who receive grants from the City still did not apply to private employers and landlords. But, although the law was gaining ground, Michigan Governor Rick Snyder opposed legislation that would require government or private employers to remove questions about criminal or credit histories from applications. Instead, the "Local Government Regulatory Limitation Act" was signed into law on March 26, 2018. The law states that employers located in cities and counties in the State of Michigan are, in fact, prohibited from adopting "ban-the-box" ordinances for felony convictions, in effect, reversing the menial progress made.
It should also be noted that “Ban-the-Box” laws only prohibit employers from asking about your criminal history until after you have been identified as a viable candidate for a job. Know the law in your state and check the links below for more information.
Related Posts:
RESOURCES FOR RETURNING CITIZENS SECTION
www.canmichigan.com/returning-citizens.html
Links:
Bureau of Justice Statistics
https://www.bjs.gov/index.cfm?ty=pbdetail&iid=4986
CBS News Article: “Once a criminal, always a criminal?” (April 2014)
https://www.cbsnews.com/news/once-a-criminal-always-a-criminal/
Business Insider: “Why is Norway’s prison system so successful?” (December 2014)
http://www.businessinsider.com/why-norways-prison-system-is-so-successful-2014-12
Jobs for Felons Hub: “Will a felony show up after seven years?”
https://www.jobsforfelonshub.com/will-felony-show-seven-years/
Federal Trade Commission: Fair Credit Reporting Act
templates.legal/fair-credit-reporting-act/
Goodwill Industries: “Understand your employment rights as a person with a criminal background”
http://www.goodwill.org/blog/career-and-financial-advice/understand-your-employment-rights-as-a-person-with-a-criminal-background/
Employment Law Lookout: "Michigan Bans Local Ban-the-box Laws"
www.laborandemploymentlawcounsel.com/2018/04/michigan-bans-local-ban-the-box-laws/
ACLU: Request for Fair Chance in Detroit Ordinance Overview
http://www.detroitmi.gov/Portals/0/docs/CM%20-%20Ayers/Docs/FairChanceOrdinance.pdf
The Michigan Energy Assistance Program (MEAP) is sustained by two funding sources: the state-funded Low-Income Energy Assistance Fund (LIEAF) and the federally-funded Low-Income Home Energy Assistance Program (LIHEAP). The Low-Income Energy Assistance Fund (LIEAF) was signed into law on July 13, 2013 by Michigan Public Act 95 which created the program. On July 31, 2017, the Michigan Public Service Commission (MPSC) established a monthly .93 cents per meter surcharge on all participating electric utilities who have opted-in to fund the program. The Michigan Public Service Commission (MPSC) is the regulatory authority for all utility providers in the State of Michigan.
Michigan Public Act 95 allows the Michigan Public Service Commission (MPSC) to approve a low-income energy assistance “funding factor” (a surcharge on utilities), not to exceed $50 million dollars, every year to fund the program. The Act also designates the Michigan Department of Health and Human Services (MDHHS) to administer the program. Michigan Public Act 615, established on March 28, 2013, set forth the purpose for MDHHS to administer MEAP funds to community organizations across the state who will provide energy assistance and self-sufficiency programs to eligible low-income households.
Michigan Public Act 147, signed into law by Governor Rick Snyder on July 8, 2016 extended the Michigan Energy Assistance Program (MEAP) for three (3) years to expire on September 30, 2019.
Related Posts:
Michigan Energy Assistance Grants
http://www.canmichigan.com/michigan-energy-assistance-grants.html
Community Resources - Utility Assistance
http://www.canmichigan.com/community-resources-michigan.html
Click the links below to view Michigan legislation for MEAP funds, the history of the program, and outcome reports.
Links:
Michigan Agency for Energy
https://www.michigan.gov/energy/0,4580,7-230--450586--,00.html
Michigan Energy Assistance Program
https://www.michigan.gov/mpsc/0,4639,7-159-52493---,00.html
Michigan Public Act 615
http://www.legislature.mi.gov/documents/2011-2012/publicact/pdf/2012-PA-0615.pdf
Michigan Public Act 95
http://www.legislature.mi.gov/documents/2013-2014/publicact/pdf/2013-PA-0095.pdf
Michigan Public Act 147
http://www.legislature.mi.gov/documents/2015-2016/publicact/pdf/2016-PA-0147.pdf
Michigan Public Service Commission – Case #U-17377
https://www.michigan.gov/documents/energy/0105_603220_7.pdf
Because Michigan is one of twelve No Fault states in the country, certain criteria applies to your personal injury benefits and car repairs. Currently, No Fault laws in Michigan, which are said to be the most generous allows for certain unlimited lifetime benefits regardless of fault or injury. But, it does not pay for the repairs to your car or the other vehicle. In fact, not all benefits are covered for a lifetime usually lifetime benefits only apply to your medical care.
So, here’s some basic tips you should know. Basic coverage (No Fault) does provide for you medically, for the rest of your life without a cap on the cost of your care. The only way that you can lose that benefit is if you, through your lawyer, negotiate or waive your features at the settlement of the claim.
If you experience wage or employment loss due to your injuries, No Fault insurance will pay 85% of your earned income up to a maximum benefit of $5541 per month for three (3) years. If you are killed in an accident, your survivor’s will receive that benefit based on the earnings and fringe benefits you would have received. This is known as the Work-loss Benefit. Work loss benefits may also be paid if you are unemployed but in the process of looking for a new job. Consult your attorney for more information.
You are also entitled to other benefits besides your medical care, medical equipment, home safety accommodations, or other rehabilitative expenses such as transportation and home care. The formal name for home care is Household Replacement Services that is usually paid to the primary caregiver in the home. The benefit allows $20/day for your care, assistance with daily living activities, and routine household maintenance. Attendant Care is another entitlement typically provided by a professional medical company and the benefit paid is a negotiated hourly rate. In some cases, your lawyer negotiates that rate and receives 30% of the benefit for Attendant Care over and above the legal fees assessed for handling the case.
No Fault insurance provides for Residual Liability Insurance referring to bodily injury and property damage. This means that No Fault will pay up to $1 million dollars if you damage someone's property with your vehicle (i.e a building or parked car). But, the No Fault Law protects you from being personally sued except under special circumstances. You can be sued in Michigan if you cause an accident where someone is seriously injured, permanently disfigured, or killed. You can be sued if you are in an accident in another state or in-state if the other vehicle is registered to another state and the occupant is a non-resident. You can also be sued up to $1,000 if you are at least 50% or more at fault and cause damage to another vehicle that is not covered by insurance. You can normally purchase additional Limited Property Damage Liability Insurance called a “mini tort” to cover that $1000 expense for added protection in case of this circumstance.
In the case of residual liability where you are found legally responsible (50% or more at fault) for causing bodily injury or property damage No Fault insurance will pay certain benefits. No Fault will pay up to $20,000 for claimants hurt or killed in an accident, up to $40,000 per accident if several people are hurt or killed, and up to $10,000 for property damage in another state.
Finally, it is important to remember that No Fault insurance covers every member of the household even when you or a family member are passengers in another car or pedestrian That means, if you are involved in an accident the law requires that claims must be filed against the policy registered to you or in your home. Personal Injury Protection (PIP) benefits also extends entitlement benefits to individuals without No Fault coverage and are injured as a passenger or pedestrian by your car. This is basic information about No Fault benefits. Note that certain criteria and structures change annually. Follow the link below for more information about No Fault insurance and how to purchase additional coverage.
Related Posts:
CASE MANAGEMENT SERVICES
www.canmichigan.com/case-management-services.html
Links:
www.michigan.gov/documents/cis_ofis_ip202_25083_7.pdf
It has been long overdue to review the true meaning of social welfare, and, hopefully, combat the many stereotypes associated with those in need of help. As such, some of the biggest social problems of today are rooted in duplicity and double-standards.
America…the land of the free and home of the brave has also become the hub of hypocrisy. And, needless to say, there are all kinds of conflicting views and ideologies that we project on others but none more vicious and demoralizing than the stigma of welfare. |
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Historically, social welfare was synonymous with the human condition of well-being characterized by socioeconomic security against major life risks, contentment in meeting one’s basic needs, and the ability to manage problems and achieve goals. But thanks to revisionists, the term has been reduced to the services provided to the poor by public welfare departments and charity organizations. When members of society have a fundamental, tangible model of social welfare they experience a reasonable standard of health, extended life expectancy, quality housing, higher incomes, and minimal social problems. A society with poor social welfare is marked by poverty, low living standards, and high rates of violence.
The historical context of social welfare also includes self-preservation as a matter of personal diligence. Inasmuch as society accepted social responsibility for the needy, well-being was also thought of as a matter of individual effort and family support. The involvement of external agents such as government and charitable organizations was considered a “safety net” that was operationalized when individuals and families lacked the ability to manage their life challenges. But, it was understood that life, oftentimes, presents an array of unexpected, complex events beyond the individual’s control.
Unemployment, for example, resulting from the lack of economic growth directly affects the welfare of individuals and their families in the form of decreased employment opportunities and income. The death of a spouse or debilitating medical condition of a person who is the primary provider of the household will cause a family to be economically vulnerable and at-risk for poverty. Any number of problems can arise that affects an individual or family’s ability to cope with their problems and has grave consequences for social welfare.
Societies that provide universal welfare gives us an idea about their values for the collective good of their citizenry. In American society, a target approach to program delivery supposedly intended to fish-out the poor and specifically direct benefits to those who need it most is the standard. But with our skewed sense of equity, the idea of the deserving poor has a deleterious effect and neglects many groups of people who have legitimate needs.
The process of targeting benefits also impedes system efficacy and imposes stigma on recipients. Administrative costs associated with means-tested programs for fact-finding purposes regarding assets and income creates enormous, and, oftentimes, exploitative financial burdens on the system by service providers. Income-testing also may deter potential recipients from pursuing benefits and causes adverse work incentives. Because the system requires a reduction in benefits when earnings rise even slightly above the so-called “poverty line”, individuals and families are conversely incentivized to keep their earnings low or work “under-the-table.” Not considering the inadequacy of federal standards of poverty, costs associated with new employment, or deteriorating living wages creates the “poverty trap” that affects the efficiency of the system and lowers the well-being of recipients.
In sum, as we briefly review the original purpose and design of welfare it is time to put aside assumptions about its goals and the people who need it. We do that when we consider all the ineffective variables of the system and the systemic forces that promote and maintain poverty which are too many to name here. The beginning of that process is to understand that people are not always poor because they are inherent social derelicts, make bad choices, live high-risk lifestyles, and the like. More often, than not, people are victims of market forces and life circumstances beyond their control. But, as times are changing, and new social values emerge we should, at least, maintain a basic decency and dignity toward the less fortunate.
The Michigan Energy Assistance Program (MEAP) and Low-Income Home Energy Assistance Program (LIHEAP) are the two major sources of funding for energy assistance in Michigan.
It is important to understand how Michigan energy assistance programs are structured to determine how they may best suit your needs for utility bill payment and home weatherization before you apply. Michigan energy assistance grants are designed to protect low-income households from utility shut-offs and to keep them safe and healthy during the winter season. MEAP and LIHEAP funds create utility assistance programs that also provide a number of other benefits:
Utility assistance programs are also sustainable as they serve the dual purpose of income-support for citizens and ensure that payment for services by energy providers are collectable. If you live in Michigan, there is help available to assist you and protect your home during the harsh winter months. |
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The second is the state-funded Michigan Energy Assistance Program (MEAP). MEAP funds are administered by the Michigan Department of Health and Human Services (MDHHS) and allocated to contracted community organizations.
Several community organizations in Michigan dispense MEAP funds under varied program designs, program names and eligibility requirements within funding guidelines but are not directly handled by utility companies. The Heat and Warmth Fund (THAW) and Neighborhood Organization Services (NSO) are two such agencies that provide utility assistance to consumers with MEAP funds.
Visit the Community Resources section for a complete list of utility assistance programs.
Each agency has implemented their programs with special names but monies are distributed from the same fund and divided among participating agencies to provide consumer services. Community organizations submit proposals to participate in the program each fiscal year and develop partnerships for the continuity of care.
Continuity of care is a social services term that simply refers to other services a client may need to maintain low-energy costs or other financial needs, for example. That means, each community organization will assess your household needs such as employment, budgeting classes, etc. and coordinate those services to provide them directly through their agency or other partnerships in the community.
The Low-Income Self-Sufficiency Program (LSP) funded by the Michigan Energy Assistance Program (MEAP) is a utility assistance program with monies allocated to most MEAP participating community organizations by MDHHS.
The Low-Income Self-Sufficiency Program (LSP), most commonly administered by United Way, is a long-term utility assistance program with a specific structure to prevent utility shut-offs, reduce energy costs over time, and promote financial self-sufficiency.
Community organizations dispense LSP funds but not under special program names. They are contracted with the Michigan Department of Health and Human Services (MDHHS) to process enrollment applications for qualifying households based on predetermined eligibility criteria.
DTE and Consumer’s Energy (the main energy providers in Michigan) do not handle LSP enrollment but does offer support services for LSP enrollees. LSP funds are also available through community organizations such as THAW and NSO but are not handled directly by utility companies or Department of Human Services (DHS), formerly, the Family Independence Agency (FIA).
Please check the Community Resources section for participating agencies, income and other eligibility criteria for LSP enrollment which allows an affordable structured payment plan (usually about 5% of the total bill) for energy consumers up to two (2) years. Approved applicants also remain eligible for the Home Heating Credit tax refund program.
Energy consumers should not confuse these funding sources with internal protection plans offered by the utility company. For example, DTE Energy offers a Shut-off Protection Plan that requires high deposits and monthly bills that are usually not affordable for consumers to sustain. We recommend that you apply for utility assistance.
LIHEAP and MEAP grants are available to energy consumers who are both in the “Past Due” or “Shut-Off” status and after service interruption.
Assistance through the Low-Income Self-Sufficiency Program (LSP) are not available after utility services are disconnected.
Open enrollment for United Way's LSP FY18, closed Wednesday, April 25, 2018 and new enrollment is expected to begin October 1, 2018 pending state and federal appropriation budget approvals. We will keep you posted.
LIHEAP funds are available through the State Emergency Relief (SER) program year-round pending funding availability. This program is helpful in preventing shut-offs prior to October 1 as well as restoring services that have been terminated.
For added protection, the State of Michigan also prohibits utility shut-offs due to non-payment during the winter season beginning November 1st to March 31st. You may contact the Michigan Public Service Commission (the utility regulatory authority in Michigan) to file a complaint in case of illegal service interruption. See the Community Resources section for contact information.
If you need further information or assistance please complete the confidential Contact Form.
Related Posts;
COMMUNITY RESOURCES - UTILITY ASSISTANCE SECTION
http://www.canmichigan.com/community-resources-michigan.html
Deborah Mitchell
Welcome to The Community Advocate Network. My name is Deborah Mitchell, I am a graduate in Social Work and Registered Social Work Technician. My human service background began in 2007 which includes medical case management and service navigation for the indigent population, outpatient mental health counseling with substance use and abuse disorders, supportive employment and job development for mental health consumers, and structured living domicile management.
In 2016, I completed my Bachelors Degree in Social Work and began my graduate studies at Wayne State University in Detroit, Michigan.
On this platform we will be reviewing social topics and news and providing resources to community programs and services. It is my goal to maintain a recovery-focused, service-oriented environment while working to expand the capacities of individuals, families, groups, organizations, and communities in developing and restoring optimal social and economic functioning.
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