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HomeMy WebLinkAboutMINUTES - 03062007 - C.60 TO: BOARD OF SUPERVISORS - Contra_ .; FROM: Joseph P. Valentine, Director �" ;;;._T, =} =`� Costa C_ Employment and Human Services •; - � County mos:_- � -•� rte- vK't'; DATE: March 6, 2007 co SUBJECT: Payment of legal fees to attorneys or authorized representatives upon each successful Social Security Income (SSI) appeal for Cash Assistance Program for Immigrants (CAPI) recipients. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to provide payment in an amount up to $1,108 in legal fees to attorneys or authorized representatives upon each successful Social Security Income (SSI) appeal for Cash Assistance Program for Immigrants (CAPI) recipients for Fiscal Year (FY) 2005/2006 and FY 2006/2007. (#29-199) FISCAL IMPACT: No County funds. The California Department of Social Services (CDSS)will reimburse the County 100% for legal fees of attorneys or other authorized representatives during the appeal process up to $1,108 for each successful appeal for CAPI recipients. BACKGROUND: The CAPI program is a mandate from the State to provide advocacy services to targeted CAPI recipients to assist them in the SSI application process. In the case of a denial, apiany subsequent appeals, the State allows counties to employ the services of attorneys or other author' ed r esentatives in the appeal process. CONTINUED ON ATTACHMENT:_ X YES SIGNATURE: / �. t,-"RECOMMENDATION OF COUNTY ADMINISTRATOR R OMMEN(DA!lTTION OF BOARD COMMITTEE :/APPROVE THEIR SIGNATURE(S): (l ACTION OF BOARD7 J APPROVE AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: ATTESTED JOHN CULLEN,C ERK OF THE OARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact: MICHAEL ROETZER 3-1582 EHSD CONTRACTS UNIT(EB) COUNTY ADMINISTRATOR © ? AUDITOR-CONTROLLER BY: DEPUTY PAGE 2 BACKGROUND: California Welfare and Institutions Code Section 18939 requires that the California Department of Social Services (CDSS) reimburse counties for legal fees incurred by the attorneys or other authorized representatives during the appeal process phase of Social Security Income applications process for CAPI recipients. Upon a successful appeal and when the SSI is granted, the State allows the county to pay a maximum of$1,108 in legal fees to the attorney or authorized representative for every successful appeal. The fees paid to the attorneys of authorized representatives for each case cannot exceed twice the difference between the maximum monthly individual CAPI payment and the maximum monthly State Supplemental Payment (SSP). The maximum amount is $1,108 (twice the difference of$554). 100% of the payment made to an attorney or authorized representative in CAPI appeal cases is reimbursable to the County by CDSS.