FIP Benefits and Caring for a Spouse with Special Needs

What is the “up to 40 hour” rule?

On October 1, 2002 the Department of Human Services (DHS) changed the work rules for FIP recipients who care for a disabled spouse.  If you receive cash assistance (FIP) for yourself, and you care for a spouse who receives SSI or Social Security Disability benefits, DHS may require you to participate in "work activities" for up to 40 hours per week.  “Work activities” can include a job, job search, Work First classes, and certain types of education and training.  If you can’t participate 40 hours a week because of your spouse’s needs you will have to prove this fact to DHS.

How will DHS decide how many hours I can work? 

DHS will decide how many hours you can participate based on your spouse’s particular needs. DHS must consider how your spouse’s disability affects your ability to participate in work activities.  This is called an "assessment."  DHS can take up to 3 months to do an assessment.  You will not have to participate in work activities until DHS has completed the assessment.  Write down everything you do to help DHS with the assessment. You should also keep a copy of everything you give to DHS to show your spouse’s needs.

If DHS does not assess your needs or if DHS assigns you to activities that will prevent you from meeting your spouse’s special needs, get legal advice.

What will DHS do if I show I can’t work 40 hours?

If you show that you need to care for your spouse fulltime, your caseworker will “defer” you from the work requirement.  This means you won’t have to work at all.

If you need to care for your spouse only part time, your caseworker will decide how many hours you can participate to accommodate your spouse’s treatment schedules and other family needs.  DHS can limit the days or hours that you have to participate each week.

The Americans with Disabilities Act (ADA) protects you because you are associated with (married to) a disabled person.  This means that DHS and the Work First Agency must make reasonable changes to their rules to accommodate your spouse’s needs.

What should my caseworker consider when deciding how much I can work?                                          

Your caseworker should look at the following factors: 

• Does your spouse need assistance getting to and from medical appointments?

• Does your spouse need assistance with personal hygiene?

• Is your spouse able to prepare his or her own meals?

• Does your spouse need assistance with other medically related activities?

• Is your spouse and/or other family members safe when you are not available?

• Are you applying for SSI or Social Security disability benefits for yourself?

How can I prove that my spouse’s needs prevent me from working 40 hours?

It is important to get proof to support what you say about what your spouse needs.  You may be able to get statements from doctors, therapists, social workers, or social agencies that are familiar with your situation.  Friends or family members may also be able to write a letter describing what you have to do for your spouse.  If you have trouble getting proof of your spouse’s needs (for example if you cannot afford to pay for medical records), ask your DHS caseworker to help you.  Caseworkers must help if you ask them. Put your request for help in writing and keep a copy for yourself.  If your caseworker will not help you, seek legal advice.

 What if my spouse has a disability but does not get SSI?

You should still ask DHS to consider your spouse’s needs when setting your work requirement. Ask DHS to make modifications to your work requirement or give you ideas on how you can meet your spouse's needs while you are working. If DHS will not assess or accommodate your needs based on your spouse’s disability, seek legal help to find out whether you have rights under the ADA. If DHS threatens to cut your benefits, try to show good cause, ask for a hearing, and seek legal help.

What if my spouse’s disability causes me to miss my work activity?

Contact your DHS and Work First workers right away to explain why you had to miss the activity.  If your caseworker sends you a notice that you may lose your FIP because of “non-compliance” with the work rules, show that you have “good cause.”  If your FIP benefits are cut off, request a hearing and seek legal help.

What is Good Cause?

DHS must excuse you from missing a work activity if you have “good cause.” Some good cause reasons include (but are not limited to):

• You cannot find appropriate care for your spouse’s disability or special needs

• You had to miss work to deal with your spouse’s medical needs

• You had to deal with an unplanned event or crisis such as domestic violence, homelessness, a natural disaster 

• You had to provide in-home care for a family member who was ill or injured

 If DHS decides you don’t have good cause,  and you disagree, you should request a hearing and seek legal help.

If you have questions or need help at a hearing, call your local legal aid office to find out if you are eligible for free legal help.

To locate free or low cost legal assistance:

• Visit the Michiganlegalaid.org home page and search for local assistance by entering your zip code in the box marked “Find a lawyer, organization or related service to help you with your problem.” or

• Look under "attorneys" in the yellow pages to find your local legal aid office, or

• Contact the Michigan State Bar Lawyer Referral Service at (800) 968- 0738. 

• Persons age 60 or older, regardless of their income, may be able to receive free advice from the Legal Hotline for Michigan Seniors by calling (800) 347-5297.