MLRI has gotten some calls about whether strikers qualify for SNAP. As you likely know from the press, unionized Verizon workers have been on strike since mid April. DTA recently issued some SNAP guidance which we think is misleading because it does not mention when someone is NOT considered to be on strike (and therefore not subject to the income counting rules for strikers).  We want to make sure Coalition members know the rules DTA should follow when handling a SNAP application of someone on strike.

Can someone on strike get SNAP?

In general, a striker and their household cannot get SNAP unless they were income eligible before going on strike. If the household had income under 200% FPL before the strike, DTA will count either the striker's current income or the income of the applicant before he or she went strike to calculate the SNAP benefit--whichever income is higher. We think this means most Verizon strike workers would not be eligible for SNAP.

BUT some people are not considered to be a "striker" under the SNAP rules.

Who is not considered to be a striker?

Under the SNAP regulations, the following persons are NOT strikers--which means the income counting rules for strikers, above, do not apply. The state SNAP regulations, 106 C.M.R § 361.240(E), state that the following people are not considered strikers:

• An employee affected by a lockout. A lockout is the closing of a workplace by an employer to resist the demands of employees.
• An employee not participating in a strike who is unable to work as a result of striking employees.
• An employee who is not part of the bargaining unit on strike and who does not want to cross a picket line due to fear of personal injury or death.
• An individual who was, on the day before the strike, exempt from the Work Requirements described at 106 CMR 362.300 et seq. on any basis other than 106 CMR 362.310(B)(10): Employed Persons

Those exempt from work registration are also exempt from the strike rules. This is important to flag if you are contacted by a Verizon striker about SNAP eligibility. The exemptions that are most likely to apply for Verizon strikers include:

• caretakers of a child under 6 or incapacitated individuals -even if they live outside the household
• a person age 60 or older
• students enrolled at least half time (perhaps enrolled half time in night classes and at Verizon during the day)
• pregnant woman in second or third trimester 

For a full list of exemptions see 106 CMR 362.300(B)

Example of a household on strike but still SNAP eligible:

Maya works for Verizon. She went on strike in April. She has a 2 year old and is having a hard time making ends meet during the strike. Maya applies for SNAP on June 1. She is exempt from work registration because she cares for her child under 6. DTA should only look at her income under the regular SNAP rules (income received in the four weeks previous to the application date). The fact that she is on strike is not relevant. Maya should report to DTA when the strike ends and she starts getting paid again and at that point DTA should close her SNAP case (assuming she is over income).

DTA's Guidance on Verizon Strikers:

Attached is an Operations Bulletin DTA sent to the field last week. It explains how DTA workers should count income when it comes to strikers applying for SNAP. However, DTA's guidance does NOT explain that people exempt from work registration - for example because they have a child under 6-- are not subject to the strike rules. We are concerned DTA workers will not know to explore this.

Before denying the SNAP application of a strike worker, DTA workers should discuss with the applicant if they are exempt from the work registration requirements. If the person is exempt, they are not considered a striker and regular income counting rules apply when determining SNAP eligibility.

A strike may also be "good cause" for an ABAWD who, due to a strike, can't meet the required number of hours for the work requirement. For example, someone is meeting the work requirements by working 20 hours per week but cannot work during the strike. Contact MLRI if this comes up.

Let us know if you have any questions about SNAP and strikers.