Vol. 2  #2                                                                                                                                                      Spring/Summer 1998

the family was right and wins the case, they won't have been evicted in the meantime!  This is settled U.S. Supreme Court law.
But DPHHS has a policy, again not published legally, of denying continuing benefits pending a hearing.  According to DPHHS, they will only give continuing benefits after the person comes in and signs a new FIA (Family Investment Agreement).  They will make you do this even if its the FIA you're appealing about!  In addition,  it is their "policy" that if the family loses, they must suffer the month(s) sanction without any benefits at all, instead of paying it back a little at a time as they've been able to do in the past.
Another questionable policy is the treatment of disabled FAIM recipients, or those who are needed at home to care for a disabled family member.  In the

STATE OF MONTANA SANCTIONING
FOOD STAMPS AND
MEDICAID BENEFITS
UNDER NEW WELFARE REFORM

 
 

By Vivian Marie
People's Law Center,  PO Box 6208
Helena,  MT  59604  1 (800)  406-5567

 
 

Several Montana citizens are challenging the policies of the state FAIM program relating to sanctions.  They are represented by the People's Law Center, a nonprofit firm specializing in benefit cases.  PLC believes that the Department of Health and Human Services (DPHHS) is treating Montanans illegally and unfairly.  One lawsuit has been filed, several are still in the appeals process in DPHHS and more legal actions are likely.
DPHHS has a published regulation which says that a FAIM sanctioned person will only lose Medicaid if the sanction is for failure to cooperate with the child support or medical care provisions.  In reality, though, they sent the workers a non-published memo telling them to take away Medicaid benefits for any sanction for any reason. 
The second policy which the People's Law thinks is illegal concerns continuing benefits.  Usually if a family requests a hearing because their benefits are going to be decreased or stopped, the state will continue to pay the benefits while the matter is being settled.  If the family loses, they agree to pay back the benefits through small monthly payments.  But if

 
 

IN THIS ISSUE

Montana has been wrongly sanctioning 
foodstamps and Medicaid
KNOW YOUR RIGHTS........................Page 1

Helen Taffs-WEEL Spotlight Member....Page 2

WEEL joins Montana Shares..................Page 4

Welfare Recipients BILL OF RIGHTS
adopted by the MT DPHHS....................Page 5

Will Montana end it's commitment
to the poor?  The elimination of federal
welfare funding and the uphill battle for
Child Health Insurance............................Page 6

WEEL OPEN HOUSE AND AWARDS
CEREMONY,  JUNE 19, 1998...SEE BACK PAGE

 
 

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The LINC Project is a project of the Welfare Law Center
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Webmaster: dirk@welfarelaw.org