The Online Resource for Massachusetts Poverty Law Advocates

Hotline Focus 12/09

Date: 
12/01/2009
Author: 
DTA

Q. An individual came in to apply for benefits today. He is a Legal Permanent Resident (LPR) who has been residing in the U.S. since 2007. As an LPR, he meets the EAEDC noncitizen requirements as described in 106 CMR 320.620. He has also applied for SNAP. As a 65-year-old with an LPR noncitizen status of less than five years, is this applicant eligible for SNAP benefits?

A. It depends. If otherwise eligible, an LPR aged 65 or over who has been in the United States less than five years may have a disability that, once verified, qualifies the noncitizen for SNAP benefits. These noncitizens may be eligible for SNAP benefits based on the type and severity of their disability, as described in 106 CMR 361.210, regardless of their date of entry into the United States.

Q. How do I verify the disability of a 65 year old EAEDC noncitizen for SNAP purposes?

A. EAEDC elderly noncitizens who submit a completed Food Stamp Disability Verification for Elderly Noncitizens form, FS-DVEN (6/2008) signed by a licensed medical practitioner may receive SNAP benefits, if otherwise eligible. This form simplifies the disability determination process for EAEDC elderly noncitizens not receiving SSI because of the five-year bar, who may still be determined disabled at an RSDI/SSI level. Procedures for the use of this form are available in Field Operations Memo 2008-28.

Q. If my disabled EAEDC client is a noncitizen under 65 years of age, but with less than five years of LPR status, can she still qualify for SNAP benefits?

A. It depends. If your EAEDC client’s disability is SSI/RSDI certified, then she may qualify for SNAP, regardless of her date of entry into the United States. A weekly informational report entitled Disabled EAEDC Noncitizens Potentially Eligible for Food Stamps appears in Actuate in the Matches Detail folder. Each week, BEACON sends an automated mailing to these potentially eligible noncitizens. Included in the mailing is a letter encouraging these individuals to apply for SNAP and a special application form. When reevaluating these EAEDC clients, case managers must also review their SSI/RSDI certification status and ensure that potentially eligible clients have followed through with their SNAP application. Refer to Field Operations Memo 2008-11 for more information on these procedures.

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