Maryland DHS agrees to end disability discrimination in cash assistance program

The Maryland Department of Human Services has agreed to address the systemic discrimination against people with disabilities that resulted in lack of access to benefits from Maryland’s Temporary Cash Assistance (TCA) Program.

The settlement between the U.S. Department of Health and Human Services (HHS Office for Civil Rights (OCR) and the Maryland Department of Human Services (DHS)  resulted in the Voluntary Resolution Agreement announced on Oct. 10, and covers all DHS programs that receive Federal financial assistance from HHS.

The settlement is a result of an investigation that lasted over a decade, during which the Homeless Persons Representation Project (HPRP) represented numerous families in disability discrimination complaints against Maryland DHS.

Michelle Madaio, HPRP’s Director of Economic Justice, told Fishbowl that TCA is the state-level program for administering the federal cash assistance program, TANF (Temporary Assistance for Needy Families). If a person applying for or receiving TCA in Maryland feels they’ve been discriminated against for any reason, like race, ethnicity, national origin, religion, sexual orientation, or disability, they can file a discrimination complaint at the federal level with HHS’ Office for Civil Rights.

“Because OCR got several complaints from different families in Maryland, they conducted a several years-long investigation into discriminatory practices,” Madaio said. “They reviewed the Department of Human Services policies procedures; they looked at the individual cases. They did a systemic review of practices in Maryland, and this voluntary resolution agreement is the culmination of that decade long investigation.” The investigation began in 2011.

The families represented by HPRP experienced disability discrimination in violation of federal law, according to evidence identified by HPRP. As a result of the DHS violations, Maryland families living with disabilities endured frequent benefit reductions and terminations, leading to or exacerbating food and housing insecurity, homelessness, and health consequences.

The families allege that Maryland DHS:

• Failed to appropriately screen individuals for disability-related services and provide accommodations;
• Lacked effective methods to document, track, and monitor approved accommodations;
• Lacked effective methods of communication with individuals with visual impairments, learning disabilities, and cognitive impairments;  
• Lacked adequate assessment process to determine whether individuals with disabilities required accommodations in the work program;
• Refused to accommodate work program participants with disabilities; and
• Lacked policies and procedures to assess if a disability-related accommodation should be provided prior to reducing or terminating a benefit.   

“It is hard for people with disabilities to get benefits at the Department,” said Kenyaree Slater, a parent who filed a complaint. “They always second guess what we say and we have to go to so many doctor appointments to prove to the Department that we need an accommodation. I am happy that they will make accommodations now, but feel like that is something they should have done long ago. Better late than never.”  

Madaio said the agreement will have statewide impact and overhaul their programs to make services and benefits easier for people with disabilities to access.

“The department is going to have to revise and reform their regulations, their policies, their grievance procedures, do training, [and] come up with new assessment tools,” Madaio said.

Under the Agreement, DHS agreed to take corrective actions under OCR monitoring for a three-year period to ensure people living with disabilities have equal and meaningful access to benefits and services, including: 

• Amend DHS regulations, policy manuals, grievance procedures and training materials to comply with the Agreement and federal law;
• Modify DHS’ automated case record systems to identify and track disabilities, monitor accommodations, and alert staff prior to taking adverse action to reduce or terminate benefits when an individual with a disability requires an accommodation; and
• Develop a comprehensive statewide assessment tool that can identify whether an applicant has a disability that impacts their participation in program requirements.

“This is a big deal. I am so grateful that they are considering people with disabilities now.  Because our experiences are unique, accommodations are necessary,”said Lynnette Blackmon, parent who filed a complaint.   

Nearly 28,000 Maryland families receive TCA. Most are Black (67%), headed by women (86%), and have young children under the age of 13 (85%.) The program is a critical antipoverty resource for families with children, though the benefit is hardly extravagant: $575 for a family of two. But for a family experiencing houselessness, it is often the only income available. For parents who can work, TCA has a work requirement so inflexible as to exclude people with disabilities, since necessary accommodations aren’t provided.

“Many people like myself can’t work because of a disability, but were told in order to get TCA they had to work a certain number of hours per week and their benefits will be cut if they do not,” recalled another parent who filed a complaint. ”I am glad the Department will now look into other ways to support people with disabilities who are applying for benefits.”

Read the OCR press release here.