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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.
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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
Category: Public Policy
As Republicans roll out their ideological model of welfare reform, work requirements for welfare benefits reemerge for millions of the nation’s poor. The agenda has two primary goals: make the poor earn their government benefits and reduce welfare rolls purported as a necessity to move the dependent to self-sufficiency and restore American prosperity. While it is true that there is a dignity associated with work and self-sufficiency, the fear is a misguided plan that will adversely affect those with legitimate need without adequate support and resources.
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. 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: [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
Category: Social Topics
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.
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:
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
Category: Government Benefits and Programs
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:
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:
Special Qualifying Circumstances
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 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:
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
Category: Government Benefits and Programs
But, before delving into the tenets of the Michigan Home Heating Credit, let us begin by first stating for the record that understanding tax code is certainly not my strong suit (area of expertise) but I wanted to expound on this important tax credit because it has some strong implications for low-income households. Although, tax season is technically over it is always an appropriate time for tax preparation and planning. Tax preparation is not just filling out forms and putting them in the mail, it is also an active planning process of making informed decisions throughout the year that are most beneficial in maximizing your returns when it’s time to file.
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:
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:
Table A - Standard Allowance Table
(Note: If you lived in your homestead less than 12 months, the standard allowance must be prorated)
The Alternate Credit
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:
Table B – Alternate Credit Computation Table
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:
Other Qualifying Special Circumstances
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.
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:
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 Donate wih PayPal 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/
Category: Consumer Services
 Know Your Legal Rights or Lose Them
The purpose of the No Fault Act is to guarantee payment of certain benefits to all accident victims regardless of fault in causing the accident. It was originally intended to simplify the auto claims process but the opposite occurred mainly due to the broad language of the law leaving it up to legal interpretation and maneuvering thereby complicating the system.
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.”
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 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
Category: Public Policy
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
Category: Government Benefits and Programs
On October 24, 2017, the Michigan Agency for Energy (MAE) and the Michigan Department of Health and Human Services (MDHHS) announced the ten (10) community agencies who will share in the $45.5 million dollars in energy grants provided by the State of Michigan. The Michigan Energy Assistance Program (MEAP) allows low-income residents who fall behind on their gas and electric bills to stay safely in their homes and become energy self-sufficient through utility bill payment assistance and an array of other support programs.
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
Category: Consumer Services
The State of Michigan requires all vehicle owners to purchase and maintain minimum basic coverage insurance known as No Fault Insurance. This basic coverage allows you to operate and properly license a vehicle. But, when it comes to car accidents there are things you should know about how your car repairs, medical care, and financial entitlements will be handled depending on the type of policy you purchase.
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
Category: Social Topics
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.
Because we live in a market society, social welfare programs were meant to protect individuals, spouses, and dependent children from poverty because of the loss of income due to unemployment, injury, disability, retirement, and death. How a country responds to the needs of its people answers questions about its values and social goals regarding equity, efficiency, and assumptions about social norms such as gender roles and family responsibility. It is these kinds of factors that interact to shape and form Public Policy which determines the size, structure, generosity, and administration of a nation’s social welfare system.
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.
Category: Government Benefits and Programs
The first energy grant is the Low-Income Home Energy Assistance Program (LIHEAP), a federally-funded block grant government program. LIHEAP funds are administered by the Department of Health and Human Services. The Department of Health and Human Services (DHHS) administer these funds on an emergency basis through the Michigan State Emergency Relief (SER) program either to prevent service interruption, restore services, or aid in qualifying for long-term aid with other utility assistance programs.
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 MitchellWelcome 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. Archives
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