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News

Mar 3, 2022

by

Lyz formerly served as an advocate at CCLP, working to increase food security for Colorado residents and coordinating organizational efforts with partners to create a responsive through-line from community needs to policy solutions.

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CCLP publishes major report on SNAP hearings

by | Mar 3, 2022

Food, Research and Policy Analysis, Resources

glamour shot of new report cover

CCLP is proud to release a research report on Supplemental Nutrition Assistance Program (SNAP) hearings today. Barriers, Errors, and Due Process Denied was a major undertaking over a year in the making, with CCLP staff digging through hearing decisions, coding and analyzing data, discussing with organizational partners, and seeking input from SNAP beneficiaries themselves. We’re excited to be able to share our findings and recommendations. What we uncovered may surprise you, but it’s important to note that the systemic problems we found are solvable. Over the next few weeks, we will present various findings from the report and make the case for why the SNAP hearing process in Colorado deserves increased attention. You can also dive into the full report itself in our resource library here.

SNAP is a lifeline for Coloradans, but the system is flawed

The purpose of SNAP is simple: SNAP benefits enable Coloradans to purchase the healthy food they need to feed their families. In 2019, SNAP served over 400,000 beneficiaries in over 200,000 households, the majority living at or below the federal poverty level ($25,750 for a family of four in 2019).

Though most beneficiaries access SNAP benefits and purchase food without problems, disputes do arise. Some people are denied benefits they think they should receive. Others see their benefits reduced when they believe they shouldn’t. Still others are unfairly subjected to agency errors, and, through no fault of their own, end up owing thousands of dollars that must be repaid out of their hard-earned and limited income, or taken directly from future SNAP benefits.

Our report focuses on the moments of crisis — when claims of “overpayments” and accusations of intentional program violations (IPVs) are examined before an administrative court of law. Nearly all Coloradans take on that process alone, without the help of a lawyer.

Inefficient administration leads to beneficiary woes

A major concern among anti-poverty advocates in Colorado is the massive number of agency errors on the part of county administrators, well above the numbers seen in nearly all other states. In 2019, agency errors were responsible for two-thirds (65.6%) of all overpayment claims in Colorado, far more than both inadvertent household errors (IHEs) at 31.2%, and IPVs or fraud at 3.2%. This alarming error rate stands in contrast to the national average of 46.1%. In fact, with just over $2.3 million in claims, Colorado had the fourth worst rate of agency error in the country.

Agency errors can occur when the county makes mistakes in calculating income or fails to properly consider information that ultimately impacts the amount of benefits distributed. In some of the cases we reviewed, the county failed to properly process paperwork or simply miscalculated the appropriate SNAP benefit level. Some cases involved database glitches resulting in benefit overpayment.

Regardless of the reason, beneficiaries are on the hook to repay any benefit in excess of what they were actually supposed to receive. Close to 5,000 Colorado households faced overpayment claims in 2019. In one case, an agency failure to process reported changes in income led to a $3,033 claim that the beneficiary was required to pay back.

Federal SNAP rules require states to establish a claim when overpayments occur. However, by identifying and addressing the sources of errors, the Colorado Department of Human Services (CDHS) should be able to substantially reduce the number of overpayments in the first place.

Long delays complicate defense of claims

While the sheer number of agency errors is troubling, the difficulty of defending against an overpayment or IPV is also heightened by long delays. Counties often fail to act on information they receive that may indicate a potential overpayment or a program violation, and in some instances, years long delays occurred.

In the cases we reviewed, it was difficult to measure the full extent of the impact of delays, because we found that the hearing decisions do not consistently include relevant dates, including the date that the discrepant information was received, the date that the overpayment claims were established, or the dates that notice was sent to beneficiaries. We were, however, able to identify numerous cases in which more than two years passed between the time that relevant information was known to the counties and when the action against the beneficiary was ultimately initiated.

To be clear, most cases were handled with prompt notice to beneficiaries, but when delays did occur, many were egregious. In one particularly alarming IPV case, nearly seven years passed between the time an investigator identified issues in the beneficiary’s reported income and the time that notice of a claim was sent. In another, benefits continued for almost a year after the beneficiary reported income that would make her ineligible, resulting in $6,863 in overpayments.

Delays can cause special hardships for SNAP beneficiaries. When claims are delayed, SNAP beneficiaries are less likely to receive notice of the overpayment or IPV. Low-income renters move particularly frequently. If notice is not received, the beneficiary may lose their chance to effectively defend against the allegations. As time passes, memories fade, and relevant documents may be lost forever. Because the potential consequence of an overpayment claim is vast, beneficiaries should be afforded every opportunity to adequately defend themselves.

Beneficiaries deserve better

Errors and delays can be incredibly costly. In our analysis of 2019 cases, we found that the median overpayment amount was $1,741. For many SNAP beneficiaries, these overpayment claims are far beyond what they are able to pay. As mentioned earlier, repayment may be made through a reduction of monthly benefit amounts, limiting access to food. Or, for those no longer in the program, the amount may be due in full. An IPV finding results in loss of much-needed benefits for a year or more. When remediable errors and delays get in the way of the purpose of the program, it’s time to re-evaluate and make changes.

First, we must improve resources and notices to beneficiaries—the entire hearing and appeals process should be more accessible. Resources to aid beneficiaries in appealing county decisions should be made widely available. Next, CDHS must investigate the sources of county errors and refine processes to ensure that these are minimized. Finally, state rules should more directly require prompt investigations, and ensure that the basis of each claim is clear.

Colorado SNAP beneficiaries deserve these changes because, ultimately, we’re talking about vital resources and fundamental rights. Stay tuned for next week’s installment as we review our findings and important recommendations to improve Colorado SNAP.

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HEALTH:
HEALTH FIRST COLORADO (MEDICAID)

Health First Colorado is the name given to Colorado’s Medicaid program. Medicaid provides public, low-cost health insurance to qualifying adults and children. It is an entitlement program funded by the federal, state, and county governments and is administered by counties in Colorado. Those who are required to pay must pay a small co-pay when receiving certain health care services.

State Department: Department of Health Care Policy and Financing

Eligibility: Most adults 18 to 64 are eligible for Medicaid in Colorado if their household income is at or below 133% of the federal poverty limit (FPL). Pregnant women are eligible with incomes of up to 195% FPL, while children under 18 may be eligible if the live in a household with income at or below 142% FPL. Some adults over 65 may also be eligible for Medicaid.

Program Benefits: Through Medicaid, low-income Coloradans are eligible for a range of health care services at little to not cost. Services provided include doctors visits, prescription drugs, mental health services, and dental care. Co-pays for certain individuals may be needed for certain services.

Program Funding and Access: Colorado funds our Medicaid program through state and federal dollars. Medicaid is an entitlement program, which means that all who are eligible for Medicaid can access the program, regardless of the funding level in a given year. This does not mean that it is always easy to access Medicaid, even when eligible. And since the program is administered by counties, funding levels for county staff and other administrative roles can make it easier or harder for Coloradans to access the program. On top of this, not all medical providers accept Medicaid which limits the ability of Coloradans to seek health services even if enrolled, such as if the nearest provider is a 2+ hour drive away.

Note: This data is from before the pandemic and does not reflect changes in enrollment rules during the COVID-19 pandemic and public health emergency.

Statewide Program Access 2015-19: Over the study period of this report, an average of 89.0% of the population at or below 133% of FPL (i.e., the population who is likely to be eligible for Medicaid) were enrolled in Medicaid in Colorado.

FOOD SECURITY:
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)

The Supplemental Nutrition Assistance Program or SNAP helps low-income Coloradans purchase food by providing individuals and families with a monthly cash benefit that can be used to buy certain foods. SNAP is an entitlement program that is funded by the federal and state governments and administered by counties in Colorado.

State Department: Department of Human Services

Eligibility: Currently, Coloradans qualify for SNAP if they have incomes below 200% FPL, are unemployed or work part-time or receive other forms of assistance such as TANF, among other eligibility criteria. Income eligibility for SNAP was different during the study period of this report than today—it was 130% FPL back in 2019 for example. The US Department of Agriculture uses the population at or below 125% FPL when calculating the Program Access Index (or PAI) for SNAP. We follow this practice in our analysis despite Colorado currently having a higher income eligibility threshold.

Program Benefits: SNAP participants receive a monthly SNAP benefit that is determined by the number of people in their household and their income. Benefit amounts decrease as income increases, helping households avoid a sudden loss of SNAP when their incomes increase, even by a minor amount. Benefits are provided to an Electronic Benefit Transfer (EBT) card that can be used to purchase eligible food items, such as fruits and vegetables; meat, poultry, and fish; dairy products; and breads and cereals. Other items, such as foods that are hot at their point of sale, are not allowable purchases under current SNAP rules.

Program Funding and Access: SNAP, like Medicaid, is a federal entitlement program. This means that Colorado must serve any Coloradan who is eligible for the program. As such, funding should not be a limit to how many Coloradans can be served by the program. However, funding for administration of SNAP at the state and county level can limit the ability of county human service departments to enroll those who are eligible. Other program rules and administrative barriers can make it difficult for Coloradans to receive the benefits they are legally entitled to receive.

Statewide Program Access 2015-19: Over the study period of this report, an average of 61.1% of the population at or below 125% of FPL (i.e., the population who is likely to be eligible for SNAP) were enrolled.

FOOD SECURITY:
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC)

The Special Supplemental Nutrition Program for Women, Infants, and Children, also know as WIC, provides healthcare and nutritional support to low-income Coloradans who are pregnant, recently pregnant, breastfeeding, and to children under 5 who are nutritionally at risk based on a nutrition assessment.

State Department: Department of Public Health and Environment

Eligibility: To participate in WIC you must be pregnant, pregnant in the last six months, breastfeeding a baby under 1 year of age, or a child under the age of 5. Coloradans do not need to be U.S. citizens to be eligible for WIC. In terms of income, households cannot have incomes that exceed 185% FPL. Families who are enrolled in SNAP, TANF, Food Distribution Program on Indian Reservations (FDPIR), or Medicaid are automatically eligible for WIC. Regardless of gender, any parents, foster parents, or caregivers are able to apply for and use WIC services for eligible children.

Program Benefits: WIC provides a range of services to young children and their parents. These include funds to purchase healthy, fresh foods; breastfeeding support; personalized nutrition education and shopping tips; and referrals to health care and other services participants may be eligible for.

Program Funding and Access: WIC is funded by the US Department of Agriculture. The state uses these federal funds to contract with local providers, known as WIC Clinics. In most cases, these are county public health agencies, but that is not the case in all Colorado counties. Some WIC Clinics cover multiple counties, while others are served by multiple clinics. Private non-profit providers are also eligible to be selected as a WIC Clinic.

Statewide Program Access 2015-17: Between 2015 and 2017, an average of 52.2% of the population eligible for WIC were enrolled in the program in Colorado.

Financial Security:
Colorado Works

Colorado Works is the name given to Colorado’s program for Temporary Assistance to Needy Families or TANF. It is an employment program that supports families with dependent children on their path to self-sufficiency. Participants can receive cash assistance, schooling, workforce development and skills training depending on the services available in their county.

State Department: Department of Human Services

Eligibility: In general, Coloradans are eligible to enroll in TANF if they are a resident of Colorado, have one or more children under the age of 18 or pregnant, and have very low or no income. For example, to be eligible to receive a basic cash assistance grant through TANF, a single-parent of one child could not earn more than $331 per month, with some exclusions—and would only receive $440 per month (as of 2022). That said, there are other services provided by counties through TANF that those with incomes as high as $75,000 may be eligible for. In addition to these, participants in TANF are required to work or be pursuing an eligible “work activity” or work-related activity. Any eligible individual can only receive assistance if they have not previously been enrolled in TANF for a cumulative amount of time of more than 60 months—this is a lifetime limit that does not reset. Counties may have additional requirements and offer benefits that are not available in other counties in Colorado.

Program Benefits:  While the exact benefits that one is eligible for under TANF can vary, all qualified participants are eligible to receive a monthly cash payment, call basic cash assistance. Other than cash assistance, counties are have a lot of choice in how to use their TANF funding; generally a use of TANF funds is appropriate so long as it advances one or more of the four purposes of the program: (1) provide assistance to needy families so that children can be cared for in their own homes or in the homes of their relatives; (2) end the dependence of needy families on government benefits by promoting job preparation, work, and marriage; (3) prevent and reduce the incidence of out-of-wedlock pregnancies; and (4) encourage the formation and maintenance of two-parent families.

It is important to note that those eligible for TANF are also eligible for many of the other programs we’ve included in this report, such as SNAP, Medicaid, and CCCAP.

Program Funding and Access: Colorado funds its TANF program through funds received from the federal government through the Temporary Assistance for Needy Families block grant. Most of the federal funds are allocated by the state to counties, which are required to provide a 20% match of state funding. Federal and state rules allow the state and counties to retain a portion of unspent funds in a TANF reserve.

Statewide Program Access 2015-19: Over the study period of this report, an average of 50.7% of the population at or below 100% of FPL (i.e., the population who is likely to be eligible for TANF) were enrolled in TANF in Colorado.

EARLY LEARNING:
COLORADO CHILD CARE ASSISTANCE PROGRAM (CCCAP)

The Colorado Child Care Assistance Program provides child care assistance to low-income families and caregivers living in Colorado in the form of reduced payments for child care. It is a program funded by the federal, state, and county governments and is administered by counties in Colorado. The share owed by parents/caregivers is determined on a sliding scale based on the family’s income.

State Department: Department of Early Childhood Education

Eligibility: Counties set eligibility for families separately, but must serve families with incomes at or below 185% of the Federal Poverty Limit. Families accepted to the program are no longer eligible once their income exceeds 85% of the state median income. Parents or caregivers must be employed, searching for work, or engaged in another approved activity to be eligible for CCCAP. Parents and caregivers enrolled in Colorado Works (Temporary Assistance to Needy Families or TANF) or in the child welfare system are also eligible to participate in CCCAP. Generally, CCCAP serves families with children under 13, although children as old as 19 may be eligible under certain circumstances.

Program Benefits: If a family is eligible for CCCAP and has income, they may likely have to pay a portion of their child’s or children’s child care costs each month. The amount that families owe is based on their gross income, number of household members, and the number of children in child care in the household. As such, households tend not to experience a benefit cliff with CCCAP when they see their incomes increase

Program Funding and Access: Colorado funds the CCCAP program using federal dollars it receives from the Child Care and Development Block Grant program. The state allocates federal and state funds to counties using a formula that takes into account factors like current caseloads and the number of eligible residents. Assistance is available until the county’s funds are spent, so the number of families that can be served is often a function of how much funding is available and the income and composition of the household that applies. It is not uncommon for counties to overspend or underspend their allocations of funds. The state reallocates unspent funds from counties who underspent to those who overspent. While underspending could indicate a problem with the way a county administers its CCCAP program, it could just as likely be a sign that there are few providers in the county who participate in CCCAP—or a lack of providers generally.

Statewide Program Access 2015-19: Over the study period of this report, an average of 10.8% of the population at or below 165% of FPL and younger than age 13 (i.e., the population who is likely to be eligible for CCCAP) were enrolled in CCCAP.

Housing:
HUD rental assistance programs

The US Department of Housing and Urban Development (HUD) has three housing assistance programs that we look at together: Housing Choice Vouchers (Section 8), Project-based Section 8, and Public Housing. In Colorado, these programs provided assistance to over 90% of the households who received federal housing assistance from all HUD programs. Through federally funded, local or regional public housing agencies (PHAs) are the agencies that administer these programs, through not all are available in all counties. These are not the only programs available in Colorado that assist households afford the cost of housing, such as units funded through federal and state tax credit programs.

State Department: Department of Local Affairs

Eligibility: Generally, households with incomes under 50% of the area median income (AMI) of the county they live in are eligible for these rental assistance programs, although PHAs have discretion to select households with incomes at higher percentages of AMI. That said, HUD requires that 75% of new vouchers issued through the Housing Choice Voucher/Section 8 program in a given year are targeted to households with incomes at or below 30% of AMI. PHAs are also able to create criteria that give priority to certain types of households who are on waiting lists for these programs.

Program Benefits: These rental assistance programs help households afford the cost of housing by reducing their housing costs to around 30% of their household income. In the case of the Housing Choice Voucher program, the PHA pays the voucher holder’s landlord the remaining portion of the rent.

Program Funding and Access: Funding and access are both challenges for these rental assistance programs. In addition to limitations on the number of public housing units or housing vouchers a PHA can manage or issue, lack of funding compared to the need constrains the ability of PHAs to assist low-income households. In 2020, Coloradans were on waitlists for Housing Choice Vouchers for an average of 17 months. Waitlists also exist for the other rental assistance programs.

Statewide Program Access 2015-19: Over the study period of this report, an average of 21.1% of renter households with incomes at or below 50% AMI (i.e., the population who is likely to be eligible for HUD rental assistance programs) were living in subsidized housing.