Education for Justice FACT SHEET G-7 Fall 2009
GETTING MFIP AFTER THE
5-YEAR LIMIT:
HARDSHIP EXTENSIONS
Most people can only get MFIP benefits for a total of 5 years (60 months) in their adult life. See our fact sheet, MFIP: the Five Year Rule. If you have less than 1 year left of MFIP, you need to get ready now. You may be able to get a hardship extension. This means you may be able to get MFIP longer.
You cannot be in sanction in your last (60th) month if you want an extension. Contact your MFIP worker to clear up any sanction. Call Legal Aid for help.
HOW DO I APPLY FOR A HARDSHIP EXTENSION?
Do not wait until your MFIP ends! At least 3 months before it runs out you need to ask your job counselor for a hardship extension. If they say no, appeal right away. Call your local legal aid office for help. You can get an extension if:
You Have a Job
If you are working but are not making enough money to exit MFIP, apply for an extension.
One-parent families can get an extension if the parent:
· Is in work activities for at least 30 hours a week, and
· Is working 25 hours or more a week every month.
Two-parent families can get an extension if both parents:
· Are in work activities for at least 55 hours a week, and
· Are working at least 45 hours average per week every month.
“Work activities” are things like looking for work, getting training or education, volunteering, doing community service, or ESL classes. They can also be things like getting counseling or treatment needed to help you work, or other things that are in your Employment Plan.
If you cannot work all of the required hours because you are sick or disabled, you can still be extended if your doctor says this in writing. To use this hardship extension, you cannot be in sanction for 10 of the last 12 months on MFIP.
You Don’t Have or Can’t Keep a Job
If you have problems working, and do not know why, ask your job counselor for help. They can send you for tests to find out why you are not getting or keeping a job. If you think you have a learning disability or a low IQ, ask for testing. If you think you are mentally ill or too depressed to work, ask to see a psychiatrist or a psychologist.
Apply for an extension and get testing. You can get MFIP longer if you are tested and a vocational specialist (work expert) or the county agency finds you cannot work for one of these reasons:
· You are unemployable
· You are learning disabled
·
You have an IQ below 80 and can only work fewer
than 25 hours per week.
· You are mentally retarded or mentally ill and cannot work. You need a doctor to say that you are:
- Mentally retarded or mentally ill, and
- Unable to get or keep an unsubsidized job
You are Sick, Mentally Ill or Disabled
Ask your doctor, psychiatrist, or psychologist to write a letter. If you are disabled, you can apply for Social Security. The letter should say you have an illness, injury or disability and it
· will probably last more than 30 days, and
· keeps you from getting or keeping a job.
You Take Care of a Sick, Mentally
If someone in your family is sick, mentally ill or disabled, take them to the doctor, psychiatrist or psychologist. If you cannot work because you have to take care of them, ask their doctor for a letter that says so. You can also ask their doctor to authorize home health care services or personal care attendant (PCA) hours. Get a letter from their doctor that says:
·
You are needed in the home to care for them, and
·
Their illness or disability is likely to last
more than 30 days.
You Take Care of a Family Member Who Gets Home
Services or Has a Serious Emotional or Mental Illness
Get a letter from their doctor or the home services provider that says your family member:
You Are a Victim of Family Violence
You need a Family Violence Waiver in your Employment
Plan. You, a family violence advocate,
and your job counselor will make this together.
See our fact sheet, MFIP for
Family Violence Victims.
|
MN Legal Services
Coalition |
Don’t use this fact sheet if it is more than 1 year old. Write us for updates,
a fact sheet list, or alternate formats. Fact Sheets aren’t a
complete answer to a legal problem. See a lawyer for
advice. |