Category: Social Topics
The racial wealth gap is an important distinction as it is a compound disparity over and above breaches in income and wealth - something we refer to in social work as intersectionality. All three idiosyncratic and divisive in their own right, yet, collaborative in creating the cohesive synergistic effect that is economic inequality.
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.
The wealth gap refers to the accumulative assets (net worth) including income, real and personal property, etc. which define the upper and lower classes.
Examples of the wealth gap (Eitzen, 2010):
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:
The high value placed on competitive meritocracy has strong implications for economic inequality:
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.
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Contact Us: http://www.canmichigan.com/reach-out-to-us.html 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
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Category: Government Benefits and Programs
The Michigan State Disability Assistance (SDA) benefit is a state-funded cash assistance and supplemental income program administered by the Michigan Department of Health and Human Services for disabled persons, seniors (aged 65 or older), or caregivers of disabled persons. Caregivers are typically required to be a live-in family member or paid helper and must not qualify as Home Help agents to be eligible for State Disability Assistance (SDA).
State Disability Assistance (SDA) benefits are dispensed on a semi-monthly (bi-weekly) basis but may also be paid in addition to federal disability benefits such as Retirement, Survivors, and Disability Insurance (RSDI) and Supplemental Security Income (SSI).
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
The Social Security Amendments Act of 1972 which established the Supplemental Security Income (SSI) program in January 1974 authorized state payments as a supplement to the basic federal Supplemental Security Income (SSI) payment to needy aged, blind, and disabled persons. That is, the benefit is payable to all SSI recipients, including children, except those living non-Medicaid certified medical facilities.
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).
DEFINITIONS:
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) as an Interim Benefit
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:
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:
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)
Supplemental Security Income (SSI)
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:
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
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:
Vocational Criteria
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:
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:
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:
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:
Residency Requirements The following residency requirements apply:
State Disability Assistance (SDA) Application Process
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. Was this post helpful? Leave a comment. If you’re in need of case management services or have questions, you may reach out to us by completing the confidential contact form. 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
Category: Government Benefits and Programs
Benefits are payable for eligible applicants in five (5) broad areas:
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:
Scenarios covered under the State Emergency Relief (SER) program:
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:
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:
A household may be approved for home repair services under the following conditions:
Home improvements and non-essential repairs do not qualify for the SER benefit. Maximum Benefit Allowances for Home Repairs Energy-Related Furnace Repairs:
Non-Energy Related Repairs
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:
The value of non-cash assets (e.g. a boat or second vehicle) cannot exceed the following limits:
SER Income Limits for Energy Assistance
Households with monthly incomes above the amounts listed are not eligible for energy-related assistance.
SER Income Limits for Non-Energy Related Assistance
Income that exceeds the above limits will be assessed as a copayment towards eligible benefits.
Source: Michigan Department of Health and Human Services (MDHHS)
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:
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 FUND7/8/2018 Category: Public Policy
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:
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 (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.
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:
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. Tips for Filing a Michigan Crime Victim Compensation Application
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. 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 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
Category: Consumer Services
On the subject of accidental or unintentional deaths, the five leading causes are:
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:
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
Category: Social Topics
The death of my brother in the past week has led to a decision to explore a little more about health and how we can learn more about living longer and healthier lives. I’ve seen reports on the leading causes of death in Michigan, lifestyle and economic effects on health, even, life expectancy by zip code. It has been very interesting and enlightening to peruse through the vast amounts of data available. But, then, I had to wonder how many of us, actually, are aware and take advantage of the information available to enhance our longevity and quality of life.
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:
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:
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.
Related Posts:
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
Category: Public Policy
The Michigan summer sports season is well under way but it is worth mentioning that there are laws governing youth sports activities and resources for the prevention, detection, and recovery from sport injuries. Michigan is the 39th U.S. state to enact laws (Public Act 137) regulating sports concussions and athletic activity which became effective June 30, 2013 and amended in October 2017. The law requires all coaches, volunteers, employees, and other adults involved in the youth athletic activity or sports program to complete concussion awareness training which is available online and must be renewed every three (3) years. Re-training requirements are determined by the Department of Health and Human Services (DHHS).
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.
Was this post helpful? Leave a comment and share your thoughts. If you’re in need of case management services or assistance please Reach Out To 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:
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 |
Deborah Mitchell2016 Wayne State University Alumni - Bachelors of Science in Social Work, social services professional and Registered Social Work Technician. Human service background since 2007 which includes medical case management and service navigation for the indigent population, outpatient mental health counseling for SUD disorders with comorbidities (experienced in medication-assisted and social model treatment modalities), supportive employment and job development for mental health consumers, and structured living domicile management. Archives
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