How the CalFresh program verifies information

Paper documents

Paper verification means documents like pay stubs, utility bills, a driver’s license or an I.D. card for another benefit program. [7 C.F.R. § 273.2(f)(4)(i); MPP § 63-300.5(h)(1).] Documents are the counties primary source of verification for everything except residency and household size. Counties cannot limit verification to any specific type of documentation. [MPP § 63-300.5(h)(1).]

Generally, applicants should bring receipts of recent income and expenses. The CDSS provides a list of documents to bring to the interview. If an applicant cannot get all the information together before the interview, they will have additional time to provide the missing information after the interview. If an applicant needs help getting documentation, he should discuss his needs with the CalFresh case worker during the interview.

References (“collateral contacts”)

References (“collateral contacts”) are non-household members the CalFresh office calls directly to confirm information provided by the household. The CalFresh office should only call collateral contacts when documentation is missing or insufficient. [7 C.F.R. § 273.2(f)(4)(ii); MPP § 63-300.5(h)(2).]

Applicants should designate appropriate collateral contacts for the county case worker. If an applicant does not designate a acceptable collateral contact, the case worker may select a collateral contact. If the household does not want the CalFresh office to contact the person selected by a case worker, the household should be given an alternative means to verify information, or withdraw its application. [7 C.F.R. §§ 273.2(c)(6), (f)(5)(ii).]

Collateral contacts may be made either in person or over the telephone. The acceptability of a collateral contact “shall not be restricted to a particular individual but may be anyone that can be expected to provide an accurate third-party verification of the household’s statements.” [MPP § 300.5 (h)(2).]

Broadly speaking, disclosures for verification are permitted and do not violate privacy protections. [7 C.F.R. § 273.2(b)(4), (f)(4)(ii); MPP § 63-300.5(h)(2).] That said, when contacting references, case workers should avoid disclosing that a household has applied for CalFresh benefits. Case workers should not disclose information supplied by the household. [7 C.F.R. §§ 273.1(c), 273.2(f)(4)(i).] Case workers should also not suggest that the household is suspected of any wrong doing.

The county is responsible for obtaining verification from acceptable collateral contacts. [7 C.F.R. 273.2(f)(5)(ii).] The county cannot deem a household ineligible because a person outside of the household fails to cooperate with a request for verification. [7 C.F.R. 273.2(d)1.]

Home visits

The CalFresh office can only use home visits when documentary evidence is insufficient to provide “a firm determination of eligibility or benefit level”. [7 C.F.R. § 273.2(f)(4)(iii).] Home visits should be determined on a case-by-case basis, and must be scheduled in advance with the household [MPP § 63-300.5(h)(3)]. A worker does not have to tell applicants the exact time of the visit. Applicants do not have to let workers visit their home, but this could lead to a denial of benefits.

Home visits conducted by the CalFresh office do not violate the Fourth Amendment or the Due Process clause of the Fourteenth Amendment. [See, e.g., S.L. v. Whitburn, 67 F.3d 1299, 1306-7, 131 (7th Cir. 1995).] When field representatives from the CalFresh office make contact with applicants, they must identify themselves as field representatives, and ask for permission to enter the applicants home.

Counties can require a home visit, including entering the home, as a condition of eligibility for CalFresh.  [Sanchez v. County of San Diego, 464 F.3d 916 (9th Cir. 2006); Smith v. Los Angeles County Board of Supervisors, 104 Cal.App.4th 1104.]

Computer and electronic data sources

The CalFresh office can also verify applicant information from computer systems. [7 C.F.R. §§ 273.2(f)(9), 272.8; MPP §§ 63-300.5(h)(4), 20-006.]

The CalFresh office commonly checks information from government and state agencies as well. Some notable federal agencies include the Social Security Administration (SSA) and the Internal Revenue Service (IRS). Some notable state agencies include the California Employment Development Department (EDD), the California Franchise Tax Board (FTB) and the California Department of Motor Vehicles (DMV). These agencies may have the records needed to verify eligibility for CalFresh. The CalFresh office usually will not tell applicants when it is checking information in this way.

The CalFresh office should not immediately act on information it gets from computer records which would result in disqualification or reduction of CalFresh benefits until information is verified. [7 C.F.R. § 272.8(c)(1)(ii), MPP § 20-006.541.]  For IVES information, the county must notify the recipient of the information in writing within 45 days of receiving the data match from CDSS and give 10 days for the recipient to respond.  [MPP § 20-006.543, ACL 17-41.]  A household’s failure or refusal to respond to this notice justifies terminating benefits.  [MPP § 20-006.543(b)(1), ACL 17-41.]

If the household does not respond, the county can use the Work Number or another third party payroll source to verify the IEVS match.  [ACL 24-23.]  Counties can only request verification related to an IEVS discrepancy that shows the client may have missed a mandatory report of income over the Income Reporting Threshold.  [Ibid.]

When reconciling IEVS matches, counties must consider prospective budgeting rules, including whether the income could have been reasonably anticipated at the time of the previous semi-annual report or annual recertification.  [Id.] Counties must either establish an overpayment or overissuance or determine that no discrepancy exists by the end of the quarter following the quarter when the county received the IEVS match.  [ACL 17-41.]

There are special rules for information that is unclear, which is information about a household’s circumstances from which the county cannot readily determine the impact on the household’s continued eligibility or benefit amount.  [7 C.F.R. § 273.12(c)(3); ACL 18-20.]  If the information received during the certification period is considered unclear and is less than 60 days old relative to the first day of the month in which the information was received, and indicates the household missed a required report, the county must issue a request for verification to the household.  [ACL 21-101; ACL 18-20.]  The county must use the CW 2200 form for this request.  [Id.]  The form must inform households that they have 10 days from the date of the form to respond.

If the household responds within 10 days by providing sufficient information, the county must act accordingly to determine continuing eligibility.  If the household does not respond or responds but refuses to provide sufficient information by the specified date, a discontinuance notice is sent to the household.  [Id.]  Note that there must be refusal to provide the requested information to justify termination of benefits.  Failure to provide information is not a basis for adverse action.  Federal regulation defines refusal as “the household must be able to cooperate, but clearly demonstrate that it will not take actions that it can take and that are required.  [7 C.F.R. § 273.2(d), see also MPP § 63-505.12.]

If the information is unclear, is more than 60 days old relative to the first day of the month in which the information was received, and does not indicate the household missed a required report, the county is not required to immediately follow-up on the information and instead will hold the information until the next SAR or recertification.  [ACL 18-20.]

If the county receives unclear information from the Nationwide Prisoner Match or Deceased Persons Match the county must request additional information from the household regardless of the age of the information.  [Id.]  The county must use the CW 2200 form to request additional information.  If the household does not respond or responds but refuses to provide sufficient information, the county shall act on the change by removing the individual from the household and adjusting benefits accordingly.

Counties also use Applicant IEVS at initial application and each subsequent redetermination.  [ACL 19-78.]  Counties must use Applicant IEVS to assist in resolving any potential discrepancies with what was reported on the application (SAWS 2) and/or in the interview.  [Id.]  These discrepancies must be resolved prior to the beginning of a new certification period.  However, the eligibility determination cannot be delayed pending receipt of Applicant IEVS if other information establishes eligibility.  [Id.]

Counties must request Applicant IEVS information at least 15 days prior to the redetermination interview.  If a county cannot resolve a discrepancy relevant to the eligibility determination, the county must provide the client with a CW 2200 verification letter.  [Id.]

Consumer Credit Reports

Counties can also use consumer credit reports to verify information.  For example, CDSS has a contract with “The Work Number” to provide employment verification data.  [ACL 16-43.]  Counties cannot obtain consumer credit reports without written authorization of the applicant or recipient.  Consumer credit reports can be used in conjunction with existing fraud detection resources.  Consumer credit reports cannot be used as the only means of verification.  The SAWS 2 Plus, CF 285 and CF 37 now include authorization for counties to obtain consumer credit reports.

If a county takes adverse action based on information in a consumer credit report, the county must provide an informing notice in addition to the notice of action.  The informing notice must include the name, address and telephone number of the consumer credit reporting agency, a statement that the consumer credit reporting agency did not make the decision, a statement of the right to free disclosure from the consumer credit reporting agency within 60 days and a statement of the right to dispute the accuracy of the information with the consumer credit reporting agency.  [Welf. & Inst. Code § 11023; ACL 16-118]

Information from a consumer credit report must be made available to an applicant or recipient who requests it from the county welfare department or if an applicant requests a fair hearing to regarding the information in the consumer credit report.  [Id.]  Information received from “The Work Number” is not considered verified upon receipt for CalFresh.  [ACL 16-118.]  Counties cannot require applicants or recipients to submit hard-copy documentation that is duplicative of the information obtained from a consumer credit report.  [Id.]