Public Benefits
- The Legal Aid Society of Columbus
- Public Benefits
Our Services
- Food Stamps
- Medicaid
- Medicare
- Nursing Home Law
- Hospital Care Assurance Program (HCAP)
- Medicare Savings Programs
- Medical Debt Lawsuits
- Ohio Works First (OWF)
- Social Security Benefits (SSI and SSDI)
- Title XX Child Care
- Unemployment Compensation
- Veterans Benefits
- Prevention, Retention and Contingency (PRC)

You may wish to contact the Legal Aid Society of Columbus if you have questions regarding a public benefits program or have experienced any of the following problems during your benefits process:
- Your benefits have been stopped and you do not think they should have been
- Your benefits have been denied or reduced and you think this decision is wrong
- Your benefits have been sanctioned
- There have been delays in the processing of your application
- You won your administrative hearing but have not yet received benefits
If you are applying for or currently receiving benefits make sure that you:
- Pay close attention to any letters you receive from your benefits office
- Respond to any deadlines on time
- Keep careful records of all your phone calls, emails or meetings with your benefits office, including the time, date, and nature of any phone calls or visits to the office of your caseworker or other public benefits officials
- Get a receipt for any papers that you drop off at your benefits office
Self Help
Click on the topics below for more information:
The information on this page is NOT legal advice. If you are seeking representation or Legal advice, please contact the LASC Intake Department at 614-241-2001 or complete an online application. An attorney client relationship does not exist between you and the Legal Aid Society of Columbus.
Food Stamps (shorthand for the Supplemental Nutrition Assistance Program, or SNAP) are public benefits given to low-income people to assist with buying food. In Ohio, the benefits are issued on an Ohio Direction Card, an electronic benefit card that looks similar to a debit card. The card can be used at participating grocery stores.
Food stamp benefit amounts are determined by your county’s Department of Job and Family Services following a review of your income and expenses. Also, the amount of food stamps received is based on household size. The maximum amount for each household size is as follows:
Household Size | Maximum Monthly Benefits |
1 | $204 |
2 | $374 |
3 | $535 |
4 | $680 |
5 | $807 |
6 | $969 |
7 | $1071 |
A food stamps household or assistance group is made up of people who live together and normally buy and prepare food together. Children under age 22 who live with a parent are part of the same assistance group as their parent. An immigrant who is not eligible to receive food stamps can apply for food stamps on behalf of the other household members who are eligible.
Individuals may apply for food stamps in the following ways:
- Online, at http://ODJFSBenefits.ohio.gov
- In person, at your county’s Department of Job and Family Services office
- Printing out an application http://jfs.ohio.gov/ofam/cmandfsa.stm and submitting it to your county’s Department of Job and Family Services
You will need to have certain documents for each member of your household when applying. These include:
- Social Security Numbers
- Proof of all income received
- Proof of housing and utility costs
- Proof of child support paid or received
- Proof of child care expenses
No, any adult may apply for food stamps.
Income limits are determined based on the number of individuals in a household, which Job and Family Services calls an “Assistance Group.” In Ohio, the income limit is 130 percent of the Federal Poverty Line and the income that is looked at is the gross monthly income. The maximum gross monthly income an assistance group can receive and qualify is as follows:
Persons in Assistance Group | Monthly Income Cannot Exceed (effective 10-1-20) |
1 | $1,383 |
2 | $1,868 |
3 | $2,353 |
4 | $2,839 |
5 | $3,324 |
6 | $3,809 |
7 | $4,295 |
8 | $4,780 |
You should report changes in your household size or your income to your county Department of Job and Family Services within 10 days of the change happening. The best way to report a change is in writing. Additionally, it is important to get a receipt for any documents turned in to the Department of Job and Family Services.
Maybe. As of October 2013, Ohio has reinstated work requirements for certain individuals. In short, able-bodied adults between the ages of 18 and 59 who do not have any dependents are required to work 20 hours a week, for an average of 80 hours a month to keep receiving food stamps. However, there are several exceptions to this rule.
Yes. If you meet one of the criteria listed below, you will be exempted from the work requirements and will continue to receive food stamps. You will NOT be required to work if you are:
- Aged 17 years and younger, or 60 years and older;
- Deemed mentally or physically unfit for employment by your county’s Job and Family Services or a health professional;
- Pregnant;
- In an Assistance Group with a person aged 17 or younger;
- Caring for an incapacitated person living in the same household as you;
- Participating in a drug or alcohol addiction, treatment, or rehabilitation program;
- Enrolled at least half-time in an accredited school, training program, or institution of higher learning; or
- Receiving or applying for unemployment compensation or disability benefits.
Over a 36 month (three year) period, you may have no more than three months in which you fail to meet the hourly requirements for working. When requirements are not met for three months, your benefits will be stopped. However, there are good cause exemptions for individuals who are working but cannot meet the hourly requirements due to circumstances such as bad weather or a lack of transportation.
Yes. If you lost benefits, they can be restarted if you:
- Complete 80 hours of employment or training within a 30 day period;
- Complete a WEP assignment through the county agency; or
- Meet one of the criteria for exemption listed above.
Food stamp benefits are generally approved for 12 months, unless a change in circumstances makes the assistance group ineligible. Assistance groups must complete an interim report by mail every 6 months. And a recertification is required once every 12 months. This process includes:
- A recertification interview (usually by phone, unless there is a request to meet in person)
- Mailing recertification forms and providing updated documents to your county’s Department of Job and Family Services
If you disagree with a decision the county Department of Job and Family Services has made regarding your case, you may request a state hearing. You can request a hearing by:
- Calling 1-866-635-3748, option 1
- Emailing a request to the Bureau of State Hearings at
- Faxing a request to 614-728-9574
- Mailing a request in writing to:
You should call Legal Aid if you disagree with a decision that Job and Family Services made on your case. It is best to call Legal Aid as soon as possible so that we can evaluate your case and provide advice. In some cases we can contact Job and Family Services to try to fix the problem or we may be able to attend your hearing with you.
OWF is Ohio’s Temporary Assistance for Needy Families (TANF) program, a cash assistance program for families and children.
Households may be eligible if they meet the following requirements:
- They have a minor child in the home or are pregnant and in the third trimester
- Have no household income or have income below 50 percent of the Federal Poverty Line after certain deductions from income are taken
- They agree to assign any child support payments they receive to the state
The application for OWF is a joint application with food assistance. You can apply in any of the following ways:
- Online, at http://ODJFSBenefits.ohio.gov
- In person, at your county’s Department of Job and Family Services office
- Printing out an application http://jfs.ohio.gov/ofam/cmandfsa.stm and submitting it to your county’s Department of Job and Family Services
Once your application is submitted to your county’s Department of Job and Family Services office a caseworker will conduct a follow-up interview with you, either at the office or over the phone. This interview will also include a work assessment to determine your ability to complete training and/or employment hours as a condition to receive OWF benefits.
Yes, the county Department of Job and Family Services is required to provide accommodations to individuals with disabilities in order to allow participation in a work activity. All requests for accommodations should be made in writing and you should also submit medical support from your treating doctor. Examples of accommodations include: offering flexible work hours that do not conflict with medical appointments, allowing extra time to complete required hours or tasks, modifying work schedules, or offering assistance in filling out an application, explaining notices or explaining requirements.
At the work assessment you will be required to sign a self-sufficiency contract which explains what steps you must take each month in order to receive OWF benefits. The self-sufficiency contract should address any disabilities and accommodations that are needed to allow you to participate each month in the work activity. If you do not comply with the requirements of the self-sufficiency contract your benefits can be sanctioned or stopped.
The County Department of Job and Family Services may require you to complete a two week job search activity before the first OWF payment will be made. This requirement will be discussed during the work assessment when the self-sufficiency contract is developed. The county must provide accommodations to allow you to complete the job search activity if they are needed due to a disabling health condition.
OWF is a cash assistance benefit that is issued monthly on an EPPI card. The benefits are issued based on household size. The OWF income limits and maximum benefit amounts are:
Household Size | OWF Monthly Benefits | OWF income limit (effective 7-1-20) |
1 | $306 | $532 |
2 | $417 | $719 |
3 | $512 | $905 |
4 | $631 | $1092 |
5 | $738 | $1279 |
6 | $822 | $1465 |
OWF benefits can be sanctioned or stopped if the assistance group does not comply with the self-sufficiency contract and if the assistance group does not have good cause for the failure to comply. Good cause reasons for not complying with a self-sufficiency contract include illness, a previously scheduled medical, dental or vision appointment, court ordered appearances, death in the family, appointment with another social service agency, a failure by the county agency to provide supportive services, etc. The assistance group’s first sanction lasts one month. The second sanction lasts 3 months and the third sanction lasts 6 months.
You should report changes in your household size or your income to your county Department of Job and Family Services within 10 days of the change happening. The best way to report a change is in writing. Additionally, it is important to get a receipt for any documents turned in to the Department of Job and Family Services.
Yes. OWF benefits expire after you have received 36 months of assistance. If you still need benefits after receiving 36 months of OWF, you must apply for an extension. OWF extension applications are investigated separately from general assistance applications, and may be granted for good cause, hardship, or in circumstances involving domestic violence.
An assistance group may be eligible for an extension if you meet certain criteria. For example:
- The parent or caretaker has serious medical problems that prevent them from working, as verified by a doctor
- The parent or caretaker must provide medically necessary full-time care to a family member
- The parent or caretaker is working to escape or address a domestic violence situation
- The parent or caretaker has a felony record or other barriers to employment (such as lack of transportation, unstable housing, lack of childcare, lack of high school diploma or GED)
- The parent or caretaker is enrolled in an education program and is 75% complete
If you disagree with a decision the county Department of Job and Family Services office has made regarding your case, you may request a state hearing. You can request a hearing by:
- Calling 1-866-635-3748, option 1
- Emailing a request to the Bureau of State Hearings at
- Faxing a request to 614-728-9574
- Mailing a request in writing to:
You should call Legal Aid if you disagree with a decision that Job and Family Services made on your case. It is best to call Legal Aid as soon as possible so that we can evaluate your case and provide advice. In some cases we can contact Job and Family Services to try to fix the problem or we may be able to attend your hearing with you.
Medicaid is a comprehensive health insurance program administered by the state and the county Departments of Job and Family Services, which covers low-income families, children, and individuals.
Medicaid eligibility is determined by income, and varies depending on the type of coverage. The coverage groups include:
- Children (up to 19 years old) below 200% of the federal poverty line (FPL)
- Pregnant women below 200% of the FPL
- Adults between the ages of 19 and 65 below 138% of the FPL
- Individuals or couples aged 65 and older, or who are blind or disabled below 65% of the FPL, and above that with a spenddown
- Individuals who are disabled and have employment income below 250% of the FPL
The federal definition of the poverty line changes each year. The following table provides an estimate of maximum monthly income thresholds, but should not be used as an exact guide.
Family Size | 65% FPL | 138% FPL | 200% FPL | 250% FPL |
1 | 794 | 1,482 | 2,147 | 2,685 |
2 | 1,191 | 2,004 | 2,904 | 3,630 |
3 | 2,526 | 3,660 | 4,575 | |
4 | 3,049 | 4,417 | 5,522 | |
5 | 3,571 | 5,174 | 6,467 | |
6 | 4,093 | 5,930 | 7,412 | |
7 | 4,615 | 6,687 | 8,360 | |
8 | 5,137 | 7,444 | 9,305 |
If your income is over the Medicaid limits (200% for parents and pregnant women and 138% for adults under 65 without minor children), you may be eligible for insurance through the federal “Obamacare” marketplace. Go to www.healthcare.gov to get more information and to apply.
There are several ways to apply for Medicaid. You can apply online at benefits.ohio.gov or by phone at 1-800-324-8680. If you need help with the online application, you can go to a Benefit Bank site for assistance. To find the nearest benefit bank site, go to https://secure.thebenefitbank.org/ums?task=locator.
Paperwork you will need when applying for Medicaid includes:
- Proof of your identity—birth certificate, ID, or passport
- A Social Security card, or proof that you have applied for one
- Proof of your immigration status if you are not a citizen
- Proof of income and resources
- Proof of any child support paid
By law, your application must be processed within 45 days. Within that time you should receive written notice of your eligibility. If you do not receive a decision within the required time frame, or if you disagree with the decision, you have the right to appeal.
Yes. If your application is denied and you disagree with the decision, your written notice will include instructions on how to file an appeal by requesting a state hearing. You can request a hearing by:
- Calling 1-866-635-3748, option 1
- Emailing a request to the Bureau of State Hearings at
- Faxing a request to 614-728-9574
- Mailing a request in writing to: ODJFS, Bureau of State Hearings P.O. Box 182825 Columbus, OH 43218
Congratulations! Once approved, you are automatically enrolled in Medicaid, and you will be issued a Medicaid card. In most cases, after the first month you will need to choose a managed care plan to administer your Medicaid coverage. All of the plans are required to provide the same basic coverage. If you are not sure which plan is best for you, the Ohio Medicaid Hotline is available to help you navigate plans. You can log onto their website, at ohiomh.com, or call at 1-800-324-8680. You should also check with your doctor’s office to see which managed care plan the office accepts.
You will have a redetermination once every 12 months. Redeterminations usually take place by phone, so it is important to make sure Job and Family Services has your correct phone number. During your redetermination, the caseworker will review your income, living situation, and other eligibility issues and ask you to mail in any necessary documents. Because Medicaid is an income-based program, changes in your income or living status may affect your eligibility. You are responsible for notifying Job and Family Services when changes occur at the time of your redetermination and during the 12 month period.
Medicaid is intended to be a comprehensive care package, much like private health insurance, administered either through the state of Ohio or through a managed care plan. Some prescription drugs require a small copay, but there is no premium or deductible to receive Medicaid. Medicaid should cover most hospital bills, doctors' bills, lab tests, and other medically necessary care.
Medicaid Buy-In for Workers with Disabilities or MBIWD is a program for disabled individuals between the ages of 16 and 64 who are employed either part-time or full-time and earn less than 250% of the Federal Poverty Level. To be eligible for this program you must be found disabled by the Social Security Administration or by Medicaid. If your income is between 150% and 250% of the FPL you may be required to pay a monthly premium to receive this type of Medicaid, however you will not have a spenddown.
Your Medicaid can be terminated if your income exceeds the Medicaid income limits or if you do not participate in the redetermination process. If your benefits are going to be terminated, you will receive written notice explaining why the decision was made. If you disagree with the decision, you have the right to file an appeal and instructions on how to do so will be included with your notice.
You should call Legal Aid if you disagree with a decision that Job and Family Services made on your case. It is best to call Legal Aid as soon as possible so that we can evaluate your case and provide advice. In some cases we can contact Job and Family Services to try to fix the problem or we may be able to attend your hearing with you.
Medicare is the federal health insurance program. Medicare helps cover specific services such as: hospital bills, doctor’s bills and prescription drugs.
Medicare is available to people who are aged 65 or older, certain young people with disabilities, and people with End Stage Renal Disease (permanent kidney failure requiring dialysis or a transplant).
- Covers inpatient hospital stays
- Care in a skilled nursing facility
- Hospice care
- Some home health care
- Doctor’s services
- Outpatient care
- Medical supplies
- Preventive services
- Type of Medicare health plan offered by a private company that contracts with Medicare to provide you with all of your Part A and Part B benefits
- If you are enrolled in a Medicare Advantage Plan, most Medicare services are covered through the plan and are not paid for under Original Medicare
- Offered by private insurance companies to add prescription drug coverage to Original Medicare
2021 Costs at a Glance
Part A Premium | Most people do not pay a monthly premium for Part A (sometimes called “premium-free Part A”). If you buy Part A, you will pay up to $471 each month. |
Part A Hospital Inpatient Deductible | You pay: · $1,484 deductible for each benefit period · Days 1-60: $0 coinsurance for each benefit period · Days 61-90: $371 coinsurance per day for each benefit period · Days 91 and beyond: $742 coinsurance per each “lifetime reserve day” after day 90 for each benefit period (up to 60 days over a lifetime) · Beyond lifetime reserve days: all costs |
Part B Premium | Most people pay $148.50 each month |
Part B Deductible | $203 per year |
Part C Premium | The Part C monthly premium varies by plan |
Part D Premium | The Part D monthly premium varies by plan (Higher income consumers may pay more) |
- You may be enrolled in Medicare automatically when you turn 65 or if you have received Social Security Disability benefits for two years. If you are enrolled automatically, you will receive a red, white, and blue Medicare card.
- If you are not enrolled automatically, you can apply:
- Online at socialsecurity.gov/medicare/apply.html
- By phone at 1-800-MEDICARE (800-633-4227)
- In person at your local Social Security office
There are 4 kinds of Medicare Savings Programs. If your income level does not exceed specific income and resource limits, you should qualify for assistance under one of these programs. If you have income from working, you may qualify for these 4 programs even if your income is higher than the income limits listed:
- Qualified Medicare Beneficiary (QMB) Program
- Individual monthly income limit- $1,074
- Married couple monthly income limit- $1,452
- Individual resource limit- $7,970
- Married couple resource limit- $11,960
- Program helps pay for:
- Part A premiums
- Part B premiums
- Deductibles, coinsurance, and copayments
-
- Specified Low-Income Medicare Beneficiary (SLMB) Program
- Individual monthly income limit- $1,288
- Married couple monthly income limit- $1,742
- Individual resource limit- $7,970
- Married couple resource limit- $11,960
- Program helps pay for:
- Part B premiums only
- Specified Low-Income Medicare Beneficiary (SLMB) Program
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-
- Qualified Individual (QI) Program
- Individual monthly income limit- $1,449
- Married couple monthly income limit- $1,960
- Individual resource limit- $7,970
- Married couple resource limit- $11,960
- Program helps pay for:
- Part B premiums only
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-
- Qualified Disabled and Working Individuals (QDWI) Program
- Individual monthly income limit- $4,379
- Married couple monthly income limit- $5,892
- Individual resource limit- $4,000
- Married couple resource limit- $6,000
- Program helps pay for:
- Part A premium only
- You automatically qualify for Extra Help with medications if you have Medicare and meet any of these conditions:
- Get Medicaid
- Get help from Medicaid with your Medicare Part B premiums (through a Medicare Savings Program listed above)
- Get Supplemental Security Income (SSI) benefits
- You may also qualify if you have up to $19,320 in yearly income ($26,130 for a married couple) and up to $14,790 in resources ($29,520 for a married couple)
- You can apply
- Online at https://secure.ssa.gov/i1020/start
- By phone at 1-800-MEDICARE (800-633-4227)
- Ohio Senior Health Insurance Information Program (OSHIIP) is a service through the state of Ohio that provides answers to questions about Medicare that include:
- Medicare health coverage for seniors and for people under age 65 with disabilities
- Medicare prescription drug plans
- Medicare Advantage Plans (ex: HMOs and PPOs)
- Medicare supplemental insurance
- Financial Assistance programs for people with limited income
- Long-term care insurance
- To contact OSHIIP:
- You can call OSHIIP’s hotline at 1-800-686-1578
- Or visit their website at www. Insurance.ohio.gov
- Doctors and Suppliers are required by law to file a Medicare claim for the service or supplies you receive if you are on Medicare
- If you do need to file a claim call 1-800-Medicare or fill out the Patient Request for Medical payment form. This form can be found at medicare.gov/claims-and-appeals/file-a-claim.html
Yes. You have a right to appeal in the following situations:
- A bill for health care, service, supply, item, or prescription drug that you think should have been covered was not covered
- To request to change the amount you must pay for a health care service, supply, item or prescription drug
- For information about the Medicare appeals process, go to https://www.medicare.gov/claims-and-appeals/file-an-appeal/appeals.html
You should call Legal Aid if you disagree with a decision Medicare made on your claim. It is best to call Legal Aid as soon as possible so that we can evaluate your case and provide advice. In some cases we can contact Medicare to try to fix the problem or we may be able to attend your hearing with you.
Medical debts are treated like other types of debts. Under the Fair Debt Collection Practices Act, all debt collectors have a responsibility to send you a written notice of the debt, verify any disputed debt, and avoid unfair or deceptive collection actions.
You can write a “cease contact” letter to tell the debt collector to stop contacting you. Upon receiving the letter, the collector cannot contact you again unless they are taking a specific action or telling you there will be no further contact. However, even if the calls stop, the debt does not go away.
Depending on your income, there are several programs that may be available to help with medical bills. Medicaid can cover bills incurred up to 3 months before the date of the Medicaid application. The Hospital Care Assurance Program (HCAP) and charity care can cover bills that are up to 3 years old. Read below for more information about these programs. You can also apply for insurance through the federal marketplace at www.healthcare.gov. This coverage is not retroactive, but it can help prevent you from incurring medical debt in the future.
You can apply for Medicaid at benefits.ohio.gov, over the phone by calling (800) 324-8680, or at your local Job and Family Services office. Medicaid in Ohio is available for adults with income below 138% of the Federal Poverty Level (FPL) and children and pregnant women below 200% of the FPL. It is possible to receive up to three months of retroactive Medicaid coverage. See the Medicaid FAQ for more detailed information.
If you are not eligible for Medicaid, you should attempt to apply for coverage through the federal marketplace at www.healthcare.gov or by calling 1-800-318-2596. Open Enrollment for 2016 coverage through the marketplace is available beginning November 1, 2015 and runs until January 31, 2016. Certain life events may permit you to enroll outside of the open enrollment period such as getting married, having a baby, losing other coverage, adopting a child, moving, gaining citizenship, or leaving jail.
All Franklin County hospital systems provide HCAP and charity care for eligible Ohioans. HCAP stands for the Hospital Care Assurance Program. To be eligible for HCAP you must be an Ohio resident, you must not be eligible to receive Medicaid coverage, and your family income must be at or below the Federal Poverty Level (FPL). The HCAP application is included on the back of your bill or you can request an application by calling the hospital’s billing office. If you are approved for HCAP, your bill will be covered completely and you will owe a zero balance. To be eligible for charity care, your income must be between 200% and 400% of the FPL. The charity care application is the same as the HCAP application—it is on the back of your bill or you can request an application by calling the hospital’s billing office. In Franklin County, if you are approved for charity care, your hospital bill will be covered completely if your income is under 200% of the FPL and your bill will be reduced if your income is between 200% and 400% of the FPL.
The federal definition of the poverty level changes each year. The following table provides an estimate of maximum monthly income thresholds, but should not be used as an exact guide.
Family Size | 100% FPL | 138% FPL | 200% FPL | 400% FPL |
1 | 1,074 | 1,482 | 2,147 | 4,296 |
2 | 1,452 | 2,004 | 2,904 | 5,808 |
3 | 1,830 | 2,526 | 3,660 | 7,320 |
4 | 2,209 | 3,049 | 4,417 | 8,836 |
5 | 2,587 | 3,571 | 5,174 | 10,348 |
6 | 2,965 | 4,093 | 5,930 | 11,860 |
7 | 3,344 | 4,615 | 6,687 | 13,376 |
8 | 3,722 | 5,137 | 7,444 | 14,888 |
Some health care providers may offer financial assistance, but they are not required to accept HCAP or charity care. You can determine what assistance is available by asking the provider directly. If your income is below 138% of the Federal Poverty Level, you should apply for Medicaid as soon as possible after incurring medical bills. You can get Medicaid coverage for up to three months prior to your application date.
You must respond to the lawsuit by filing an Answer within 28 days of the day that you were served with the summons and complaint. If you do not file an Answer within 28 days, the party who sued you can file to get a default judgment against you. Then they can take steps to enforce the judgment, including garnishing your wages. Your Answer must be in writing and filed with the clerk of courts. You also must send a copy of your Answer to the attorney who filed the complaint for the other side. The court papers you received should include instructions on how to do this.
A sample Answer is available at this {link}. In your Answer you should admit or deny each of the numbered allegations listed in the complaint. If you are unsure about the amount listed as owed in the complaint, you should state that there is not enough information for you to admit or deny that paragraph. You can also list defenses for why you should not owe the debt. For example, some defenses you can state (if they are true for you) are that you had insurance at the time of the medical treatment or that you should have been considered for financial assistance known as HCAP or charity care.
You still must file an Answer! Within your Answer you can request mediation for your case. Mediation is an opportunity for you and the attorney for the other side to sit down and discuss whether you owe the bill and negotiate reducing the bill or setting up a payment plan. You can also request mediation by calling 614-645-6576 or emailing .
The Ohio Attorney General is permitted to collect debt on behalf of state hospitals. If it has been less than 3 years since you incurred the debt, you may still be able to apply for HCAP or charity care.
Under Ohio law, a spouse is typically responsible for debts incurred during the marriage. It may be possible to work out a payment plan or reduce the amount of the debt, but it is most likely that you are responsible to pay your spouse’s medical bill.
The primary ways to enforce a court judgment are by garnishing wages or filing a lien on property that you own. Therefore, if you are not working (or do not plan to work in the future) and you do not own property then you are considered uncollectible. This means that even if there is a default judgment against you, the other side has no way of collecting the debt. Benefits such as SSI, Social Security Disability, Social Security retirement, unemployment compensation, and Ohio Works First (OWF) are not subject to garnishment for medical debt.
Filing bankruptcy may allow anyone with significant debt to work out a plan to repay debts or eliminate most of the bills. But, other options should be pursued prior to filing for bankruptcy and there are limits on how often you can file for bankruptcy. See the Bankruptcy FAQ’s for more detailed information.
You should call Legal Aid immediately if you are served with a summons and complaint. As detailed above, you have only 28 days to respond by filing an Answer. You may also want to call Legal Aid if you have been denied Medicaid or coverage through the federal marketplace or if you have other issues related to medical debt that you cannot afford to pay. Even if Legal Aid cannot represent you, we may be able to offer guidance for representing yourself.
SSI (Supplemental Security Income)
SSI, or Supplemental Security Income, is a cash assistance program administered by the Social Security Administration and is available for individuals with limited income and resources who are disabled, blind, or aged 65 and older.
Both programs are administered by the Social Security Administration. SSI, however, is for individuals with very low income and resources who have not worked enough qualifying quarters to be eligible for SSDI.
To be found eligible for SSI benefits based on a disability, the Social Security Administration (SSA) must find that you are unable to work because of a medical condition that is expected to last at least one year or result in death. SSA will need to review your recent medical records to determine if you meet this definition. SSI benefits are not available for partial disability or short-term disability.
Rules for Counting Income Wages, social security benefits, pensions, and other assistance you receive may be counted toward your eligibility. However, not all income is counted. SSI does not count:
- The first $20 a month of most income received
- The first $65 a month of income received from working
- Benefits received from the Supplemental Nutrition Assistance Program (SNAP), aka Food Stamps
- Shelter received from private, not-for-profit organizations
- Most home energy assistance benefits
- Part of your spouse’s income (if applicable)
- Scholarships received and income from working while enrolled as a student in an accredited institution or training program (if applicable)
- For individuals who are disabled and working, any wages paid toward resources helping you to work will not be counted.
- The home you live in and the land it is on
- Life insurance policies valued up to $1,500
- Burial plots for you and your immediate family
- Burial funds up to $1,500 for you and up to $1,500 for your spouse (if applicable)
- If you own a car and use it for employment or medical transportation, if it is equipped for a disabled person, or if it is valued at $4,500 or below then it will not be counted (value in excess of $4,500 will be counted).
In the state of Ohio, the SSI benefit amount is $794 per month for an individual and $1,191 a month for a couple (when both members are disabled).
To apply, you must schedule an appointment. You may do so by going to your local SSA office, or over the phone by calling 1-800-772-1213 (if deaf or hard of hearing, dial TTY 1-800-325-0778).
You will need the following items on hand when applying for SSI:
- Proof of income or any other money coming into your household
- Most recent statement for any bank account
- Proof of identity
- Proof of any housing and utility costs
- Proof of any medical costs for people with disabilities or for people who are over 60
- Proof you have a social security number
- Proof of immigration status (if not a U.S. citizen)
SSA will ask you for a list of your doctors and have you sign releases so that they can request and review your medical records. They may also send you for an evaluation by one of their doctors. It usually takes several months to receive a decision on your application. Most applications are denied at first and an appeal is necessary.
Yes, filing an appeal is usually a good idea. If you receive a letter saying your claim has been denied, you have 60 days to file an appeal (written requests for extensions may be approved if you have a good reason). The appeal must be made in writing. You can get an appeal form by going in or calling your local SSA office and asking for a “Request for Reconsideration” form. The form is also available online at the SSA website.
There are four levels in the appeals process. Many people must appeal two to three times before their application is finally approved. The levels include:
- Reconsideration- you file a written request for reconsideration and your claim is reviewed by someone who was not involved in the original decision
- Hearing in front of an Administrative Law Judge- the judge will review the evidence of your case and give you a chance to testify and present witnesses
- Appeals Council review- you or your attorney file a written appeal, which the appeals council will review to independently decide your case, remand your case back to the Administrative Law Judge, or deny your case
- Federal court- you or your attorney file a written appeal to the federal court for a judge to review
Sometimes. The most common reason SSI benefits are terminated is that an individual or couple has an increase in income or resources that exceeds the eligibility limits mentioned above. SSA also periodically reviews most cases to see if there has been medical improvement. If your condition has improved and you are now able to work, your benefits will be stopped. If you receive notice that your benefits will be terminated, you may appeal through the appeals process outlined above.
Overpayment of SSI benefits may be the result of a number of issues, including changes in income or resources, changes in your living situation, or changes in your disability status, among other reasons. If the SSA finds you were overpaid, you will receive a notice of the overpayment asking you to refund the excess amount in full within 30 days. If you disagree with the overpayment notice, you may file an appeal following the process outlined above. You have 60 days from the mailing date of the overpayment notice to file an appeal. If you file the appeal within 10 days of receipt of the overpayment notice, you can choose to continue to receive SSI benefits while you await a decision. You may also file an overpayment waiver request if you believe the overpayment was not your fault and you cannot afford to repay the funds because you need the money to meet ordinary living expenses. You can file a waiver request at any time. You can get the appeal form (Request for Reconsideration) and the waiver form from your local SSA office or from the SSA website.
Legal Aid may be able to help if your SSI benefits are being terminated or if you have received notice of an overpayment. It is best to call Legal Aid as soon as possible so that we can evaluate your case and provide advice. In some cases we may be able to help you file an appeal or attend your hearing with you. If your SSI application has been denied, there are many private attorneys who may be able to represent you. Because of this, Legal Aid does not represent most people whose applications have been denied. However, if you need the names of some private attorneys who may be able to take your case, call the Columbus Bar Association’s Lawyer Referral Service at (614) 221-0754.
SSDI (Social Security Disability Income)
SSDI is shorthand for Social Security Disability Insurance, a cash assistance program administered by the Social Security Administration (SSA) for individuals who are disabled and have worked enough qualifying quarters to be eligible.
Eligibility for SSDI benefits is determined by two sets of criteria: work requirements and meeting the definition of disability.
The SSA looks at two sets of work tests: the recent work test, which is based on age at the time of disability, and the duration of work test, which determines if an individual has worked long enough while paying in to Social Security.
To be found eligible for SSDI benefits based on a disability, the Social Security Administration (SSA) must find that you are unable to work because of a medical condition that is expected to last at least one year or result in death. SSA will need to review your recent medical records to determine if you meet this definition. SSDI benefits are not available for partial disability or short-term disability.
You can apply online, at socialsecurity.gov, or can call 1-800-772-1213 to schedule an appointment at your local SSA office or to file a claim over the phone. If you are deaf or hard of hearing, you can call their TTY line at 1-800-325-0778.
You will need to complete both an Application for Disability Benefits and an Adult Disability Report, and will need to answer questions for a disability claims interview, which generally lasts about an hour. The application process can take a long time, on average between three and five months. If you have all the necessary paperwork, however, the process can be faster. Paperwork includes:
- Social Security number
- Birth Certificate
- Information on the doctors, hospitals, and clinics that have treated you
- Your work history
- The name and dosage of any medication you take
- Any medical records and lab or test results in your possession
- Your most recent W-2 form.
SSDI is a form of cash assistance that is issued monthly. The amount of benefits received varies based on your lifetime average earnings covered by Social Security. Other benefits you may receive, such as workers’ compensation or a pension from work not covered by Social Security, may also affect your SSDI benefits.
An overpayment of SSDI benefits may be the result of a number of issues, including changes in income, a change in your living situation, or changes in your disability status, among other reasons. If the SSA finds that you were overpaid, you will receive a notice of the overpayment asking you to refund the excess amount in full within 30 days. If you do not respond, SSA may begin withholding your benefits. If you disagree with the overpayment notice, you may file an appeal following the process outlined below. You have 60 days from the mailing date of the overpayment notice to file an appeal. If you file the appeal within 10 days of receipt of the overpayment notice, you can choose to continue to receive SSDI benefits while you await a decision. You may also file an overpayment waiver request if you believe the overpayment was not your fault and you cannot afford to repay the funds because you need the money to meet ordinary living expenses. You can file a waiver request at any time. If you agree that you were overpaid, but you are unable to pay back the benefits all at one time, the waiver request form also has an option for you to set up a monthly payment plan. You can get the appeal form (Request for Reconsideration) and the waiver form from your local SSA office or from the SSA website.
SSA also periodically reviews most cases to see if there has been medical improvement. If your condition has improved and you are now able to work, your benefits will be stopped. If you receive notice that your benefits will be terminated, you may appeal through the appeals process outlined below. You must report significant changes that affect your eligibility for benefits to your Social Security office as soon as possible. This includes if you begin employment, if you begin receiving other disability benefits, if you move, or if you are unable to handle the payments you receive.
Yes. If your claim is denied or if your benefits are reduced or terminated and you disagree with the decision, you have the right to file an appeal. The appeal must be requested in writing. You must file your appeal within 60 days of receiving the notice explaining the SSA’s decision. You can get an appeal form by going in or calling your local SSA office and asking for a “Request for Reconsideration” form. The form is also available online at the SSA website.
There are four levels in the appeals process. Many people must appeal two to three times before their application is finally approved. The levels include:
- Reconsideration- you file a written request for reconsideration and your claim is reviewed by someone who was not involved in the original decision
- Hearing in front of an Administrative Law Judge- the judge will review the evidence of your case and give you a chance to testify and present witnesses
- Appeals Council review- you or your attorney file a written appeal, which the Appeals Council will review and independently decide your case, remand your case back to the Administrative Law Judge, or deny your case
- Federal court- you or your attorney file a written appeal to the federal court for a judge to review
Legal Aid may be able to help if your SSDI benefits are being terminated or if you have received notice of an overpayment. It is best to call Legal Aid as soon as possible so that we can evaluate your case and provide advice. In some cases we may be able to help you file an appeal or attend your hearing with you. If your SSDI application has been denied, there are many private attorneys who may be able to represent you. Because of this, Legal Aid does not represent most people whose applications have been denied. However, if you need the names of some private attorneys who may be able to take your case, call the Columbus Bar Association’s Lawyer Referral Service at (614) 221-0754.
For information about how to apply for unemployment compensation, the eligibility requirements, and the appeal process, go to: http://jfs.ohio.gov/unemp_comp_faq/index.stm
Legal Aid can provide advice or representation on how to handle the appeal process and how to prepare for a telephone hearing. We also may refer your case to a pro bono attorney who can represent you at the hearing.
You should call Legal Aid if you disagree with a decision that Job and Family Services made on your case. It is best to call Legal Aid as soon as possible so that we can evaluate your case and provide advice. In some cases we may be able to attend your hearing with you.
- You are required to call in to the hearing 15 minutes prior to the scheduled hearing time to check-in with the Review Commission. The Review Commission then calls back at the time of the hearing. Hearings are set for 45-minute sessions but can take multiple sessions to complete.
- Hearings begin with the Hearing Officer briefly stating the activities that led to the hearing. Witnesses can be called by both sides starting with the employer in quit cases and the employee in termination cases. The Hearing Officer begins by asking preliminary questions of the witness. Follow-up questions may then be asked by the party calling the witness and then the opposing party. Following the testimony of all of the witnesses, each party is permitted to give a closing statement about the case.
- The Hearing Officer will record the proceedings and issue a decision based on everything in the record, including witness testimony. Decisions tend to be made within one to three weeks following the hearing.
If the hearing officer finds in favor of the employer, you have 21 days from the date of the decision to appeal to the Review Commission. After that, the next step is to appeal to the Court of Common Pleas.