HOUSE MEMORIAL 18

55th legislature - STATE OF NEW MEXICO - second session, 2022

INTRODUCED BY

Elizabeth "Liz” Thomson

 

 

 

 

 

A MEMORIAL

REQUESTING THE HUMAN SERVICES DEPARTMENT TO REPORT ON SUPPLEMENTAL SECURITY INCOME LEGAL ADVOCACY PROJECT DATA.

 

     WHEREAS, almost one in five New Mexicans live at or below the federal poverty level; and

     WHEREAS, the federal centers for disease control and prevention report that twenty-eight percent of adults, or four hundred sixty thousand three hundred fifty-five New Mexicans, live with a disability; and

     WHEREAS, the poverty rate for people living with disabilities in New Mexico is twenty-three and four-tenths percent, the sixth highest in the nation, according to the human services department; and

     WHEREAS, New Mexico's general assistance for disabled adults and unrelated children program is funded with seven million two hundred twenty thousand dollars ($7,220,000) in general fund dollars annually; and

     WHEREAS, New Mexico provides a maximum monthly cash assistance benefit of two hundred forty-five dollars ($245) through the general assistance for disabled adults and unrelated children program to childless disabled adults, which is twenty-two percent of the federal poverty level; and

     WHEREAS, the legislative finance committee has found that general assistance for disabled adults and unrelated children, even when coupled with food and medical assistance, is not sufficient to meet basic needs; and

     WHEREAS, supplemental security income is the nation's federally funded safety net for adults with disabilities, providing up to eight hundred forty-one dollars ($841) per month to an individual in 2022; and

     WHEREAS, New Mexicans who transition from general assistance to supplemental security income more than triple their monthly income, increasing their ability to afford housing, food and other basic needs; and

     WHEREAS, the federal government repays general assistance for disabled adults and unrelated children paid to New Mexicans who transition from general assistance for disabled adults and unrelated children to supplemental security income; and

     WHEREAS, only twenty-nine and nine-tenths percent of supplemental security income applications were approved in New Mexico in 2019, according to the most recent data from the federal social security administration; and

     WHEREAS, the federal social security administration found that legal representation in supplemental security income claims has proven to increase rates of supplemental security income approval at all stages of application, including more than sixty-five percent of cases approved on appeal at the hearing level; and

     WHEREAS, advocacy models in other states provide supplemental security income legal advocacy to help individuals transition from state and locally funded cash assistance programs to the federal supplemental security income program; and

     WHEREAS, programs providing legal advocacy for disabled adults receiving state-based supplemental security income assistance have increased the number of participants who transition to supplemental security income and dramatically increased the corresponding recoupment of state benefits paid; and

     WHEREAS, as an example, Alameda county, California, fully funds its cash general assistance program through recouped federal supplemental security income benefits; and

     WHEREAS, implementing this model of advocacy could dramatically reduce the general fund appropriation for general assistance for disabled adults and unrelated children while increasing their ability to meet basic needs; and

     WHEREAS, the human services department has initiated pilot programs to provide supplemental security income legal advocacy to general assistance for disabled adults and unrelated children program participants;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that during the 2022 legislative interim, the human services department be requested to solicit testimony from organizations that represent and advocate for New Mexicans living with disabilities and poverty; and

     BE IT FURTHER RESOLVED that the human services department be requested to solicit testimony on data and information regarding:

          A. the number of general assistance for disabled adults and unrelated children participants at each level of the supplemental security income application process: initial, reconsideration and hearing;

          B. the number of participants referred to legal services attorneys at each level;

          C. the number of participants approved and days from referral to approval;

          D. the housing status for each participant at the time the attorney closes the case;

          E. state general fund dollars recouped per participant; and

          F. department efforts to engage community members and other stakeholders to increase access and address barriers preventing the enrollment of eligible New Mexicans in the general assistance for disabled adults and unrelated children program; and

     BE IT FURTHER RESOLVED that the human services department be requested to report its findings and conclusions to the interim legislative health and human services committee by November 1, 2022; and

     BE IT FURTHER RESOLVED that the human services department be requested to track the use of the outlined procedures and report to the interim legislative health and human services committee and the legislative finance committee concerning its progress in the fall of 2022 and the fall of 2023; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to secretary of human services, the secretary of children, youth and families and the governor.

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