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• What are Necessary Supplemental Accommodations (NSA)?
• How do I get NSA?
• What types of impairments or disabilities qualify me for NSA?
• Can my accommodation plan change?
• Do I have to have NSA?
• What happens once I am identified as needing NSA?
• What happens if I don't follow DSHS rules?
• What If I disagree with an NSA decision DSHS makes?
• What if I have questions?

What are Necessary Supplemental Accommodations (NSA)?

If you get DSHS benefits, such as TANF, SFA, GAU, Medicaid, or food assistance, DSHS must accommodate your disabilities. This means that DSHS must try to make their services and benefits available to you as much as they are available to people without a disability. In addition to physical accommodations, such as wheelchair ramps or larger font on letters, DSHS must sometimes relax its rules about what you are required to do. This is required by a federal law called the Americans with Disabilities Act (ADA). DSHS also adopted its own accommodation system, called Necessary Supplemental Accommodations (NSA). The rules about NSA are in Chapter 388-472 WAC (Washington Administrative Code).  The WAC can be found online at http://www.leg.wa.gov/wac/, or at the reference department of your local library.

Examples of possible accommodations DSHS should provide if you need them include changing your WorkFirst or WorkPlus requirements or providing someone to read or interpret papers. In addition, you may be able to get supportive services such as child care, substance abuse treatment, domestic violence counseling, and medical care and evaluations. For TANF, see our publications called WorkFirst: Individual Responsibility Plans and WorkFirst for Families with Special Needs. Under NSA, DSHS has to follow a more involved process before they can stop your benefits. There is more information below about what DSHS must do under NSA.

How do I get NSA?

You can ask your worker. If you think you need NSA, you can tell your worker what extra help you need, and ask for NSA. DSHS is required to screen you for NSA when you first apply for benefits. A worker is also supposed to consider NSA any time you are having a much harder time than most people following DSHS rules or getting services. The worker assesses you to see if the problems you are having are related to a disability or impairment. If they are, you should be identified as NSA, and your worker should develop a plan to accommodate you. DSHS should flag your file so all caseworkers who may work with you are aware of your plan.

What types of impairments or disabilities qualify me for NSA?

DSHS must give you NSA accommodations if any of the following applies:

• You say you need NSA services to have equal access to DSHS programs and services;

• You tell DSHS you have a mental health impairment;

• You have a developmental disability;

• You are disabled by drug or alcohol addiction;

• You can't read or write in any language, or your reading or writing is very limited;

• You are under 18 and don't live with your parents; OR

• You have mental limitations that affect your ability to communicate, understand, remember, process information, exercise judgment and make decisions, perform routine tasks, or relate properly with others.

Can my accommodation plan change?

Yes. After you begin getting NSA accommodations, you and your worker may change your plan as needed. This can be based on your request, or on a change in your needs.

Do I have to have NSA?

No. If you do not want to be identified as NSA, DSHS cannot do so against your will. You can ask your worker if you were identified, or you can just tell your worker that you do not want to be identified as NSA. This is true even if your disability interferes with your ability to do what DSHS says you have to. DSHS must still accommodate your disability under the ADA, but your file would not be flagged as NSA. This also means that you would not get all the accommodations or protections of NSA. For example, DSHS would not have to go through any extra steps to reduce or stop your benefits if you don't follow their rules. If you are worried about being identified as NSA, talk to your worker about what it would mean in your case. It is best to put your wishes in writing and save a dated copy for yourself in case there is later disagreement about what you wanted.

What happens once I am identified as needing NSA?

After you are identified as an NSA client, you and your worker will create an accommodation plan. The plan lists what DSHS will do to improve your access to DSHS services. Every NSA client must have an accommodation plan. Your plan should be written for the things you need. Here are some things DSHS must do for NSA clients if you ask:

Help you complete and turn in forms;

• Help you get information DSHS needs to see if you can get benefits or keep getting benefits;

• If DSHS was going to stop your benefits because they don't have enough information to decide if you still qualify, they will keep giving you benefits for an extra 20 days to give you extra time to turn in the proof they need. For example, if you get a letter to give DSHS information by March 20th or your benefits will stop March 31st, and you are NSA, DSHS will keep giving you benefits until April 20th to allow extra time to give them the information they need.

• Explain DSHS' actions against you (such as sanctions and terminations);

• Help you ask for a fair hearing when you disagree with DSHS, including helping make sure you get benefits until the hearing is held;

• Follow up by contacting you if you miss an appointment or deadline;

• If DSHS knows you have someone who helps you with your DSHS paperwork or requirements, they must notify him or her when they need information or when they are about to reduce or stop your benefits;

• If you ask, DSHS must review a decision to stop, hold or reduce your benefits; and

• Assign someone to handle your money for you when appropriate.

What happens if I don't follow DSHS rules?

DSHS sometimes takes action against a client because he or she has not followed the rules. In WorkFirst or WorkPlus, this is called a "sanction". For all DSHS programs, you can lose your benefits if you don't follow the rules. You might want to read our publications called WorkFirst Sanctions and WorkFirst Individual Responsibility Plans. However, if you didn't follow the rules because of your limitation or disability, DSHS must find that you had "good cause". This means they cannot take any action against you like reducing or stopping your benefits even though you didn't follow the rules. In addition, a finding of good cause means that DSHS will review your accommodation plan to make sure that you have all the services you need to help you follow the rules. If DSHS can't accommodate your condition so that you can follow the rules, DSHS must waive those rules for you (not make you follow them). If DSHS finds that you can follow the rules, with or without accommodations, you must follow the rules as long as DSHS gives you the accommodations you need.

What If I disagree with an NSA decision DSHS makes?

If you disagree with any decision DSHS makes about NSA, you can ask to speak with your worker's supervisor, request a fair hearing, or do both. You might disagree with DSHS' decision not to identify you as NSA, or you might disagree with the accommodation plan DSHS gave you. You might also be able to defeat a sanction, and receive the amount you lost because of the sanction, if you can prove at a fair hearing that your limitations affected your ability to do what DSHS required or that you had some other good cause for not following the rules. For example, if your doctor says you can't drive while you're taking a certain medication, DSHS must help you find other transportation, or not make you go places when other transportation is unavailable.  If you have a fair hearing about your disagreements with DSHS, you might want to read our publication called Representing Yourself at a Fair Hearing.

What if I have questions?

If you have questions about NSA, whether you need NSA, or what it would mean for you, talk to your DSHS worker. Or, if you need legal advice, you can call CLEAR, the Statewide Legal Education, Advice, and Referral line, for free advice. CLEAR's toll free number is 1-888-201-1014.