Chapter 2. Making It On Your Own

What if your abusive partner earns most of the household money? How will you live on your own? How much child support can you expect, and can you get money from the Department of Transitional Assistance? What about health insurance? What happens if you can't pay the bills? This chapter can answer these questions.

1. If I leave my abusive partner and have very little money, can I get help?

There are different programs that may be able to provide you with financial help. The major programs are:

TAFDC: If you have children or are at least 5 months pregnant, you may qualify for TAFDC (Transitional Aid to Families with Dependent Children). TAFDC provides monthly cash assistance and medical coverage as well as a number of other benefits (such as child care and transportation reimbursement if you are in school, training or working). You apply for TAFDC at your local Department of Transitional Assistance (DTA) office.

EAEDC: If you are: 1) a student under 21 in secondary school; 2) disabled; 3) a person caring for a disabled person; 4) a participant with the Massachusetts Rehabilitation Commission; or 5) a family ineligible for TAFDC, then you may qualify for EAEDC (Emergency Aid for the Elderly, Disabled and Children’s Program). EAEDC provides monthly cash assistance (which is a little lower than TAFDC) and medical coverage. You apply for EAEDC at your local DTA office.

Social Security and Supplemental Security Income (SSI): If you are disabled, you can also apply for Social Security and Supplemental Security Income benefits at a Social Security office. Because it generally takes a while for Social Security to process an application, people who are disabled generally apply for EAEDC to help them while they wait for Social Security. You can also apply for Social Security if you or your child is a dependent of someone who earned enough wages to entitle them to social security, but who is disabled or deceased.

Social Security provides benefits to “insured” disabled, retired and elderly people and their dependents. To be insured, you have to have paid enough into the Social Security system. Your monthly benefit level depends on the insured person’s amount of earnings.

SSI provides monthly benefits and MassHealth coverage to persons who are disabled, blind or at least 65 years old. There are no dependent’s benefits. You do not have to be “insured” to receive SSI. There are income and resource limits. Your monthly benefit level depends on your income and living arrangement.

Food Stamps: You can apply for Food Stamps with your TAFDC or EAEDC application, or you can apply just for food stamps. Food Stamps provide monthly assistance for food. The amount of assistance varies depending on your household size, income, shelter expenses, medical and child care costs. You apply at your local DTA office.

MassHealth: MassHealth provides medical coverage to families with children, children under 19, persons who are disabled, blind or at least 65 years old, and people who have earned very little money in the past year. You get MassHealth automatically if you receive TAFDC, EAEDC or SSI. You can also apply for it separately by contacting the Massachusetts Division of Medical Assistance.

Emergency Assistance: The EA (Emergency Assistance) Program provides some emergency type benefits to families with children under 21 and pregnant women. These benefits include emergency shelter if you are homeless, and payment toward back rent to prevent eviction. Apply for EA at your local DTA office.

There are other programs that can help you with food, utilities, medical needs, back rent, emergency shelter and housing. See Question 19 .

2. What is TAFDC?

TAFDC provides help to pregnant women and to families with children when the children are not getting enough support because at least one parent is dead, disabled, absent from the home or underemployed. In order to qualify for help, the child must be “living with” a relative (such as a parent, grandparent, aunt, adult sibling or cousin) or with someone who is or was married to a relative.

TAFDC provides monthly cash assistance. People receiving TAFDC are automatically eligible for MassHealth and most households get food stamps automatically. The amount of the monthly cash assistance varies depending on your household size, whether you are “exempt” from time limits, and whether you live in private or subsidized housing. Question 6 in this Chapter discusses how much money you may receive on TAFDC.

In addition, DTA should also help parents plan for getting off TAFDC and can offer training and help finding jobs. DTA can provide child care and transportation assistance for people in approved training or education programs. Depending on your situation, DTA can provide you with child care for up to one year even after you get off TAFDC. Check with your DTA worker if you have questions about whether you are eligible for child care.

3. Are there any financial eligibility guidelines for someone to qualify for TAFDC?

Yes. TAFDC has financial guidelines, but you can have some income and own some things and still qualify for help. TAFDC has countable assets and noncountable assets. Noncountable assets include your home, household and personal belongings and one car. (See note below concerning car value.) You can have up to $2,500 in “countable assets”, which includes bank accounts, bonds, cash value of life insurance policies, etc. [See Massachusetts regulations at 106 CMR 204.110 and 240.120(B, C).]

TAFDC allows recipients to have a car, but some of its value may count as assets. The first $10,000 of the fair market value and the first $5000 of equity value are noncountable assets. Fair market value is what you would get for your car if you sold it. Equity value is what you would actually get after paying off what you owe on the vehicle. DTA subtracts $10,000 from the fair market value and $5000 from the equity value and counts the greater of the two towards your asset limit.

Here is an example of determining what is countable and what is noncountable assets of a car. If you have a car with a fair market value of $12,000 and an equity value of $6000, $2000 would be counted towards your $2500 asset limit because the fair market value exceeds $10,000 by $2000 and the $6000 equity exceeds $5000 by $1000, so DTA counts the greater of the two which is $2000.

4. What if my children are not living with me, can I still get TAFDC?

You can get TAFDC if the child normally lives with you but is temporarily absent and you are still exercising care and control. In general, the absence cannot be expected to last more than 120 consecutive days (unless your situation meets an exception to that rule). Practically speaking, this means that you may still be able to get TAFDC if your child is away at a residential school or if your child is visiting someone else’s home temporarily, or if there is some family crisis situation that is temporary.

Generally speaking, a child will not be considered to be living with you if she was removed by a court order after a care and protection hearing.

5. Am I required to do certain things (like work or study) to stay on TAFDC?

Yes. There are rules or conditions that you have to follow in the TAFDC program. Unless you are exempt OR qualify for a waiver due to domestic violence or some other circumstance, a number of Welfare Reform requirements may apply to you. A full discussion of these rules is beyond the scope of this manual, however, major ones are discussed below.

Time Limit: unless you are exempt from the time limit, you may be limited to receiving 24 full calendar months of cash assistance within a five year period;

Work Program Requirement: if your youngest child is school age, you are required to work or do unpaid community service for twenty hours weekly, unless exempt;

Family Cap Exclusion: children born more than ten months after you begin receiving TAFDC may be excluded from your cash grant, but you should still receive food stamps and MassHealth for the family cap child (this exclusion can be waived in certain circumstances in addition to the domestic violence waiver);

Teen Parent Rules: young parents under 21 are required to go to school if they do not have a GED or high school diploma; parents under 18 are also required to live with a parent or relative or in a structured teen parent program unless they meet a waiver provision; and

Immunization rules: parents are required to verify that their children are immunized, and are required to ensure that their children under age 14 attend school.

Also, DTA will want to get child support from an absent parent and will want you to participate unless you have “good cause” for why they should not contact him.

(Note: teenagers receiving TAFDC are treated differently from adults.)

6. How much money will I receive on TAFDC?

For the exact amount, check the table in Appendix A at the end of this chapter. This table should be updated annually. If the version of this manual you are looking at does not have the updated table, you can check the payment levels in the Massachusetts regulations 106 CMR 204.420 and 106 CMR 204.425. These regulations are available if you ask at the local welfare office, or in the public law library in your town's courthouse.

7. If I am eligible for TAFDC, how long after I apply for TAFDC will I get the first payment?

DTA has thirty days from the day you apply to "open your case" and start payments, as long as you give them all the information (they call it "verification") they require by the twenty-second day after you apply. Sometimes they start payments before the thirty days are up.

While you are waiting for the thirty days to be up, you can get "immediate needs" met, which includes an emergency food voucher, and a temporary medical card and emergency food stamps. The DTA will take any money they give you up front out of your first monthly payment. If a DTA worker says you can't get an emergency voucher, you can tell her that Massachusetts regulation 106 CMR 702.125(F) allows it. Your worker should also check to see if you are entitled to start receiving food stamps right away.

8. What should I do to make sure my application goes smoothly?

It is important to get a folder to keep all your welfare papers in. Make copies of everything, and mark down in your folder the days you do anything with the Department of Transitional Assistance.

Getting the DTA all the "verification" they ask you for can be difficult. You may have to do a lot of running around. If you don't get all the verification in on time, it may take the DTA longer than thirty days to open your case. Keep in touch with your intake worker. If you are having a problem completing forms or getting verifications, tell your caseworker and she should help you.

This is how the application process works:

Go to your local Department of Transitional Assistance office and ask for help. You will have to sign and date an application. Write in your folder the date you signed your application at DTA. This is important because the DTA pays you back to the first day you sign an application. A DTA worker should ask you within 24 hours if you need immediate help. Tell her if you do.

You have an interview with the worker (it may be a few days later) and give the worker information. The worker fills in forms, and asks you about the father of your children, your income, address, etc.

After the interview, the worker gives you a written list of "verifications" you need to bring in. (See Appendix B.) Examples of "verifications" are birth certificates, bank books, notes from landlords, social security numbers for all family members to be included in family unit, proof that the other parent is not living with you (i.e. death certificate, 209A) and proof your children have been vaccinated. If you bring all the required verifications in to the DTA office within twenty-two days of your signed application, you should get your first payment on or before the thirtieth day.

If you need more time for verifications ask your worker in writing for an extension. Put the date on your note to the worker. Keep a copy of the note in your folder.

If a social worker at the DTA asks you to give him something you don't have and cannot easily get (for example, an expensive copy of a birth certificate from another state), write a dated note explaining why you cannot get what the worker is asking for. In the note, ask the worker to help you, or to let you know what other kinds of verification will be accepted (and there are many!). Keep a copy of this letter for your records.

There are regulations which say the DTA should help you if you cannot get a verification from a third party for reasons beyond your control. The regulations which say this are 106 CMR 702.130(G) and 106 CMR 702.310(B)(5). You can refer to those regulations in your note. Keep a photocopy of the note in your folder.

The Department of Transitional Assistance may lose documents and notes you drop off with them, so when you give papers to the DTA, it is always a good idea to keep a record of what you give them, with the date it was given. The best way to do this is to ask the receptionist to "date stamp" a photocopy of what you are dropping off to the DTA. That will be your receipt, and your proof that you dropped off the letter or the verification.

It is helpful to have a good relationship with your DTA worker. Try to have a positive attitude. However, if your worker gives you a hard time, or does not follow the rules, you can ask for your worker's supervisor and explain the problem.

9. Why does the DTA want to know about the father of my children?

When you apply for TAFDC, the Department of Transitional Assistance asks about the father because they want him to contribute to supporting the children. After taking information from you, the DTA refers child support cases to another government agency called the Department of Revenue (DOR). DOR has lawyers who take the father of your children to court and attempt to get an order for child support. Unless you have been granted a “good cause waiver,” (see question 10), you will be required to participate in your child support case. This participation may include appearing in court and taking genetic marker tests, among other things. If you do not give this information or participate in your child support case and you do not have “good cause” you will be sanctioned by being removed from the TAFDC grant.

10. I am afraid of the father of my children. Do I have to tell the Department of Transitional Assistance where the father of my children is if I want TAFDC? What is “good cause”?

Not necessarily. If you are afraid that the father will hurt you or your children, tell your DTA worker.

If your DTA worker is not helpful or listening to your concerns you should request a referral to a DTA domestic violence specialist. These are trained workers who should respond to your safety concerns.

You do not have to provide information or cooperate with child support if you have one of the following good cause reasons:

the pregnancy was the result of rape or incest; or

you are planning to give up your child for adoption; or

you or your child would suffer “serious emotional or physical harm” by cooperating with these rules. For example, if you know who the father is and he was abusive or has threatened you, you can claim good cause. You can prove that cooperating will be harmful to you or your child with a copy of your 209A protective order or medical records or a written statement from a social service agency or shelter, or someone else who knows your situation.

Your DTA worker has the duty to explain to you what “good cause” is and the benefits of cooperation. Your worker must also help you get the proof needed if you need help.

You should be notified whether your good cause is accepted. DTA can decide to accept good cause and not contact the father at all; then DOR would not be allowed to go after the father for child support. DTA can also decide to accept good cause and decide it is safe to pursue the absent parent if you are not required to help. Make sure you know what decision is made. If you are unhappy with the decision, you have the right to appeal. Call your local legal service program or battered women’s program.

If you don't give DTA information about the father of your children, they may send you a notice trying to reduce your benefits. If they try to reduce your benefits, you can challenge the action through an appeal. However, it is also possible that DTA will agree with you that you have "good cause" to be afraid, and so may continue to pay you the full amount of your TAFDC benefits. If DTA determines that you have “good cause,” the Department of Revenue is not allowed to go after the father for child support. Again, tell your DTA worker all the reasons you are afraid of him.

11. Can I receive child support if I am on TAFDC?

If you are receiving TAFDC and DOR is collecting child support, you should get $50.00 extra from the Department of Transitional Assistance every month that the father pays the support, unless the child support payments exceed your TAFDC benefits. Also, you will not get the $50.00 for any month which the non-custodial parent does not pay child support. For example, if the order is for $100.00 per month and the non-custodial parent does not pay in May, but makes a double payment in June, you will not receive anything for May, but will receive this extra $50.00 for June. When you get off TAFDC, the money the Department collects each week in child support should start going directly to you. (See Chapter 3.)

12. How do I qualify for an exemption from the work program and the time limit?

You may be exempt from the work program requirement and the 24-month time limit if:

you are disabled or are caring for a disabled child, spouse or parent;

you are in the last 120 days of your pregnancy;

you are a parent under age 20 and you are attending full-time high school or GED and training or work program that totals at least 20 hours a week;

you are at least 60 years old;

you have a child under two years of age (or a child under 3 months old if the child is excluded from your grant by the family cap); or

you are not the parent of the child you are caring for and you are not receiving benefits for yourself.

You should tell your DTA worker and call your local legal services office if any of these applies to you, and to see if there is something else about your case that excuses you from DTA requirements. You should keep a copy of all applications for waivers or exemptions for yourself. If you apply for a waiver or exemption and you are denied, you can file an appeal to challenge the decision. (See question 15).

13. What is a domestic violence waiver?

Each DTA office has a Domestic Violence specialist assigned to help you with your case. Families experiencing difficulties because of past or current domestic violence may have some TAFDC requirements waived. The requirements that can be waived include the 24-month time limit, work requirements, the family cap exclusion and school attendance, as well as other requirements. To receive a domestic violence waiver, you need to show that without the waiver, you or your children would

be at risk of further domestic violence;

have a harder time escaping the domestic violence; or

be penalized because of being a victim of domestic violence.

For example, perhaps you need to be in hiding to be safe or you need to attend court, medical, counseling or other appointments because of the violence. Perhaps you are suffering physical or emotional injuries or maybe you are just not ready to be off welfare because it took you time to heal, or go to school, or get ready to work. All of these reasons and more could be grounds for a waiver.

You apply for a waiver by completing a form and gathering as much proof of the domestic violence and your circumstances as you can. You do not have to complete the form in the DTA office. You can bring it home. You can have someone help you. If you are denied a waiver, you can appeal. Call your local legal services office for help.

14. What if I am denied benefits or disagree with what DTA does?

If you disagree with what DTA does, there are things you can do:

Talk to your worker. See if you can resolve the problem. Talk to your worker’s supervisor.

Call the client services line at 1-800-445-6604.

Appeal. Be sure you file a written appeal.

To be safe, you may want to appeal a termination, denial or reduction notice you think is wrong while you try to work it out. That way you do not waste time and you can protect your benefits.

15. How do I file an appeal?

Look at the sample denial notices in the Appendix D at the end of this chapter. As you can see, when the DTA sends you a letter saying you are not eligible for benefits, or if they send you a letter telling you that they are stopping, reducing, or changing your benefits in any way, they include information about how to appeal. The sample notices have sample appeal requests filled out. There is an address and a fax number on the back of the notices for the Division of Hearings in Boston. You must mail or fax your filled-out appeal to the Division of Hearings. Check your appeal form, as addresses sometimes change. The appeals should be sent to:

The Department of Transitional Assistance
Division of Hearings
P.O. Box 167 - Essex Station
Boston, MA 02112

FAX: 1-617-241-2535
Phone: 1-800-882-2017

You have ten days to appeal and get your continued level of benefits ( see question 16). You have ninety days after a TAFDC denial, termination or reduction letter to ask for an appeal. For assistance with your appeal, or if you are confused about whether you should appeal, call your local legal services office. (See legal services program link at www.neighborhoodlaw.org or www.masslegalservices.org or check your local phone directory.) Remember to keep copies of anything you send to DTA!

You have ninety days after a TAFDC denial, termination or reduction letter to ask for an appeal. For assistance with your appeal, or if you are confused about whether you should appeal, call your local legal services office. (See legal services program link at www.neighborhoodlaw.org or www.masslegalservices.org or check your local phone directory.) Remember to keep copies of anything you send to DTA! You have ninety days after a TAFDC denial, termination or reduction letter to ask for an appeal. For assistance with your appeal, or if you are confused about whether you should appeal, call your local legal services office. (See legal services program link at www.neighborhoodlaw.org or www.masslegalservices.org or check your local phone directory.) Remember to keep copies of anything you send to DTA!

16. If I am appealing a termination of reduction in my TAFDC grant, can I continue to receive benefits?

If you are appealing a termination, reduction or other change in your grant and the Division of Hearings receives your appeal within ten days after DTA sent your notice of termination or reduction of benefits, or at least before the date the reduction or termination would have taken place, the DTA has to keep paying your benefits at the old level until you get your chance at an appeal hearing. Call your local legal services office for help with your appeal.

17. What happens if I lose my appeal?

The bad news is that if you lose your appeal hearing, the DTA can take back the extra money they paid you while you were waiting for your appeal decision. That money will be considered an "overpayment." If you are still on TAFDC, the DTA can't take the money back all at once and your benefits will continue, but will be reduced. Although the DTA can hold back the "overpayment" you owe out of your TAFDC checks, they must leave you with enough of a grant so that your gross income plus your grant equal 90% of a full grant for a family your size.

18. What if the Department of Transitional Assistance does not let me apply or just tells me I would not qualify before I even complete an application?

Sometimes a woman walks into the Department of Transitional Assistance, and a worker tells her that she will not be eligible, and should not even bother applying.

Insist on filing an application. Anyone and everyone can file an application. You may not be eligible, but you have the right to apply. Do not take no for an answer. Ask to see a supervisor or the assistant director of the office if necessary.

If you have signed and dated an application, and the DTA believes you are not eligible, they will send you a "denial" notice in writing. (Again, see sample notices in Appendix D at the end of this chapter.)

19. Are there programs other than TAFDC which help with basic expenses?

Yes.

Fuel Assistance: A program which pays a part of your heating costs each winter. Run by Community Action Programs and other agencies. Check the Community Services Guide in the first few pages of the phone book. You may be eligible for fuel assistance even if your heat is included in your rent.

Emergency Assistance: A program run by the Department of Transitional Assistance which pays up to three months of back rent to keep you from being evicted. You can only get the back rent once a year. The Emergency Assistance Program is also responsible for finding shelter for homeless families. You can get up to $750 in relocation benefits if you are in a shelter for more than sixty days. For Emergency Assistance, ask at the local Transitional Assistance Office.

Surplus Food Giveaways: The U.S. Government has food giveaways. The government gives away surplus food, such as peanut butter, cheese, and canned goods. Usually local Community Action Programs distribute the surplus food. Check the Community Service Guide in the first few pages of the phone book.

Food Pantries: Most towns and cities have a food pantry which gives away free packaged food donated to the pantry. Check the Community Service Guide in the first few pages of the phone book.

WIC: The Women and Infants Program. WIC gives free milk, cheese, eggs and other nutritional foods to low-income pregnant women and children under five. Check the Community Service Guide in the first few pages of the phone book.

Local Programs: Many towns and cities have soup kitchens where you can go for a free meal. Check the Community Service Guide in the first few pages of the phone book.

The Share Program: Share gives away food packages at half the retail cost if you join the program and do community service or help with food distribution.

Battered Women's Shelters: Some battered women's shelters have surplus food. (See the resource list in the back of this manual.)

Subsidized Housing: Most towns have subsidized housing and rent vouchers for low income people. Unfortunately, the demand is much greater than the supply and the waiting lists are long. Battered women, especially if they are homeless because of abuse, sometimes get a higher priority. Check the Community Service Guide in the first few pages of the phone book.

Private Programs: Some towns have private charitable funds to help low income people. Ask at your local churches or town hall. You may also receive assistance from the Red Cross or the Salvation Army.

Utility Discounts: Some utility companies have discounts and shutoff protection for low income people.

Veterans Benefits: If someone in the family is a veteran or is a spouse (including separated spouse) or child of a veteran, she may be eligible for state or federal veterans’ benefits. Call your local city or town hall. State veterans benefits also include medical coverage and emergency assistance -type benefits.

20. What if the gas and electric companies are threatening to cut me off?

If you have a seriously ill person, an elderly person, or a baby under a year old living in the house at any time of the year, or if shutting off the gas or electric service will shut off your heat and it is between November 15 and March 15, the gas or electric company is not allowed to end your service and in most cases cannot refuse to restore your services. You may need to contact the gas or electric company and give them proof that you meet one of these circumstances.

21. How do I prevent the gas or electric company from shutting me off?

Call the gas or electric company and explain that you cannot pay your bills, but you have a person in your house who is seriously ill, an elder, a baby under a year old, or that shutting off the utility will shut off your heat (many oil or gas burners are started up with electricity). Say that you know the company isn't supposed to cut you off under those circumstances. The Massachusetts regulation that says this is called 220 CMR 25.03, and you should mention that regulation.

The utility company may ask you to get a letter from a doctor certifying that there is a seriously ill person in the house, or a letter from a social worker, clergyman, or doctor stating that there is a baby under a year old in the house. They should give you some time to get the letter. If your doctor calls to certify that there is a serious illness in the home, this should happen even if you can’t pay your back bill. If you cannot resolve your problem with the gas or electric company, you should call:

The Department of Telecommunications and Energy Consumer Division 1 South Station Boston, MA 02110 (617) 727-3531 or (800) 392-6066

You can also call your local legal services office.

After you bring in your letter from the doctor, social worker, or clergyman, the gas or electric company may send you a notice or letter saying they do not accept the letter and they are going to turn off your utility anyway. If that happens, call the Department of Telecommunications and Energy and your local legal services office immediately to see if they can help.

22. Can oil and propane companies refuse to deliver if I am having financial difficulties?

Unfortunately, they can. The law prohibiting gas and electric companies from shut off does not apply to oil and propane companies.

23. Can the telephone company cut off my services if I cannot afford to pay my bills?

If you have a personal emergency, or a seriously ill person living in your house, and you are unable to pay the phone bill, you should be able to keep your phone on (or get it turned on again) for a period of time.

You can ask the Court to order, under a 209A protective order, that your abuser not shut off your phone or other utilities if they are in his name and he is ordered to leave the home. (See Chapter 5.)

If your partner or former partner has been abusing you and you just got a 209A protective order against him, and you need the telephone on so that you can stay in contact with relatives or the police, that does count as a personal emergency. You can prove that you have a personal emergency by sending the phone company a copy of the 209A protective order, or a police report, or a letter from a doctor, social worker or battered women's shelter worker. Under the personal emergency rule, you can keep your phone on without paying the bill for thirty days.

If you have a seriously ill person at home, you have to submit a letter from a doctor every thirty days, and you can keep your phone on without paying the bill for a total of ninety days.

The phone company tends to be trickier than the other utility companies. They usually acknowledge that there is a special rule for seriously ill people, but they may deny that the personal emergency rule exists. The telephone worker on the phone may not know about the personal emergency rule. You may have to ask to speak to a supervisor. Say you know you have the right to have the phone kept on, that there is an agreement with the Department of Telecommunications and Energy (formerly the Department of Public Utilities) called DPU # 18448 which says you have the right to keep your phone on for thirty days in the case of a personal emergency. You can read from the agreement in Appendix F at the end of this chapter.

If the phone company won't listen, call the Department of Telecommunications and Energy again, at the same number listed above, and tell them. You could also call your local legal services office.

24. What if I don't have a sick person in the house, and my 30 day emergency period runs out before I can pay my outstanding bill? How am I going to call the police if I have to?

In most areas, you can keep 911 service without paying money you owe on the phone bill. Your phone line will only function for 911, but that is better than nothing. Ask the phone company for details.

You should also check with your local women’s shelter or police department for information on free cellular phones for emergency use.

25. What if I can't pay my rent and I am going to be evicted?

In most cases, even if you owe your landlord back rent, your landlord cannot put you out of your apartment without taking you to court. The landlord has to file an eviction case, called a "summary process" case. Before he files an eviction case, he has to send you a letter called a Notice to Quit. (See Appendix E.)

If you owe back rent, you can also apply for The Department of Transitional Assistance's Emergency Assistance Program and try to cure the problem. You can also contact your local community action office to try to get emergency monies (FEMA) and Fuel Assistance.

You do not have to leave your apartment right away just because your landlord says you must. Also, you do not have to leave immediately when you get a Notice to Quit.

After the date on the Notice to Quit passes, your landlord can send you a summons and complaint to come into Housing Court or District Court. At court, it will be decided whether or not you must leave, and when. The judge might decide that you do not have to leave, and might even decide that your landlord owes you money if he has not acted properly under the law. If the judge says you must leave, you can still ask for time before you have to move out. Even if the judge doesn't give you more time, you have at least 10 days before the landlord can hire a sheriff to start the process of forcibly evicting you. Even then, you're entitled to a 48 hour notice before the sheriff can physically evict you.

If you get a Notice to Quit, call your local legal services for advice on your case. Some legal services offices run clinics, or classes, which help you to fight evictions.

Remember, only a judge can decide whether your landlord can evict you. You do not have to leave before a judge says you must.

26. If I am disabled or too sick to work, but don't have any children, can I get money for basic expenses?

Yes. You can try to get help from the Department of Transitional Assistance. The DTA runs a program called EAEDC (Emergency Aid to the Elderly, Disabled and Children) which gives temporarily or permanently disabled people food stamps, cash benefits, and health insurance.

The application and appeal tips mentioned in this chapter in the context of the TAFDC program will also help in your EAEDC application. Just as in a TAFDC case, make sure that you sign a dated application, ask for help with difficult "verification," and appeal any denials or reductions which you do not think are fair.

27. How much money will I receive on EAEDC?

For the exact amount, check the table in Appendix G. Like the TAFDC table, this table should be updated annually. If the version of this book you are looking at does not have the updated table, you can check the payment levels in the Code of Massachusetts Regulations. The Massachusetts regulations are available if you ask at the local Department of Transitional Assistance office, or in the public law library in your town's Court House.

28. Are there any other programs which pay basic expenses for Disabled People?

Yes. Social Security has a program called Supplemental Security Income (SSI) which pays a good deal more than EAEDC to disabled people. If you think you are going to be too sick to work for more than a year, or have been too sick to work for over a year already, you can also apply for disability benefits at the local Social Security office. Question 1 in this Chapter discusses these programs (SSI and SSDI).

29. How much will I get from the Social Security Administration?

It depends. For the exact amount, check the table in Appendix H. This table should be updated annually, because the amount may increase annually. If the version of this manual you are looking at does not have the updated table, you can check the payment levels by calling the Social Security Administration and asking for "SSI payment levels."

Produced by Western Mass. Legal Services/AmeriCorps
Last updated October, 2009