How can I get my mail when I’m always moving around?

There are mail forwarding business that provide transient people (often RV dwellers who are on the road rather than living in one RV community) with a street address.  The mail forwarding business will either scan the incoming mail envelopes and post them in a secure online private box for you to look at over the Internet or they will bundle the mail and physically ship it to you. Even though you get a street address through a mail service, you do not automatically get to claim that location as your legal residence. State laws about residency typically require you to be physically located in the state for a particular number of days each year. The list of mail forwarding services at the bottom of this page identifies two that will help you to register your vehicle and establish residence in their states.

Here is how the mail scanning services generally work: The company scans the envelopes that come for you. You go online and view the envelopes in your password protected online box and identify any that the service should open and scan. The service will then scan those documents straight into your confidential online box.

These services charge minimal flat rate fees, typically by the month or the quarter, to receive your mail. Depending on the company and the range of services you select, they may charge an additional per-page scanning fee for any documents that they take out of your envelopes. In other words, your flat rate can include just the envelope scanning or it can also include the document scanning as well. Of course, you do not have to register for the scanning service. If the mail service is in your city you can go there to get your physical mail every couple of weeks or once a month or on whatever schedule you establish with the mail forwarding service.

Examples of companies that provide mail forwarding and mail scanning services:

http://www.yourbestaddress.com/ (also provides vehicle registration services)

http://www.texashomebase.com/texasdomicileinfo.html (includes information about vehicle registration and establishing legal residency in Texas even if you are only there for part of each year)

https://travelingmailbox.com/

https://www.escapees.com/

https://www.earthclassmail.com/solutions
See the cities in which Earth Class provides street addresses https://www.earthclassmail.com/addresses

How can a homeless person living in a car or van get auto insurance without having an address?

**** The information written here is not legal advice and the author of this blog is not your lawyer.  These posts merely contain ideas to help you plan and organize your legal research and identify potentially helpful sources of law. ****
 
State auto insurance laws do require you to carry some sort of coverage on your automobile and you generally do have to prove that you are eligible to be insured in that state by providing the insurance company with documentation of your living in and, if applicable, owning a vehicle in that state. In other words, insurance companies expect that the address you list on your policy application will match the address on your automobile registration and driver’s license, both of which require you to notify state authorities when you change addresses. Also, because the insurance company has legal status as your agent in matters connected with that policy it does need to know where and how to contact you.
 
To obtain a driver’s license you have to show that you truly are the person you claim to be. The federal REAL ID Act requires states to cross check other identification sources when issuing driver’s licenses. The Department of Homeland Security summarizes the Act at http://www.dhs.gov/real-id-public-faqs and links to the official documents at http://www.dhs.gov/secure-drivers-license-documentation.  Each state has the flexibility to design its drivers license identification law in ways that accommodate the homeless and long distance truck drivers and others who do not reside in a fixed location. Some states, for example, accept ID verification letters from homeless service providers. 
 
The most efficient way to find your state’s current identification rule is to contact the Department of Motor Vehicles. http://www.dmv-department-of-motor-vehicles.com/  though you might find it from the National Conference of State Legislatures’ list.  http://www.ncsl.org/default.aspx?tabid=13574  You should be able to use e-mail to contact your DMV and simply ask what documentation they want you to bring. If you can’t get satisfaction from the DMV, get in touch with your local homeless service provider and ask that agency to help you get an address exception to obtain a driver’s license. http://www.nationalhomeless.org/directories/index.html
 
If your state driver’s license ID law does not yet have a way for you to obtain a license (and, secondarily, insurance), you can contact your state legislature and petition to have the law amended. The National Conference of State Legislatures has lots of REAL ID material for state legislators to read http://www.ncsl.org/Default.aspx?TabID=756&tabs=951,72,110#110  because state lawmakers have been developing these new identification laws for a couple of years.
Related sources:
The Insurance Information Institute has several helpful fact sheets about state financial responsibility laws. http://www.iii.org/insurance-topics/auto-insurance.  You can find an individual state’s auto insurance laws through its insurance commission. http://www.naic.org/state_web_map.htm
See my post about mail forwarding services to find companies that will register your vehicle for you.
 
 
 

 

Can the homeless have savings bonds or financial accounts?

**** The information written here is not legal advice and the author of this blog is not your lawyer.  These posts merely contain ideas to help you plan and organize your legal research and identify potentially helpful sources of law. ****

The short answer to this question is that you do not have to be poor to be homeless. A person may have any number of reasons for not living in a private or permanent home. So, being homeless does not automatically mean that a person cannot have financial accounts or bonds.

Homeless or not, however, everyone has to pay taxes on the interest or dividends earned on financial accounts. Banks and investment houses are required to report their customer earnings to the Internal Revenue Service. Even when people without their own homes do not receive the tax forms or interest and dividend statements mailed by financial institutions, they are still obligated to pay their taxes because those financial assets are their property.

Having assets such as savings bonds or trusts can make a homeless person ineligible for federal benefits including housing programs.[i] It might be necessary to spend those assets before applying for federal assistance.[ii]

Eligibility guidelines for Medicaid are available at http://www.cms.hhs.gov/home/medicaid.asp; housing eligibility is at http://www.hud.gov/; disability is at https://www.ssa.gov/disabilityssi/. See also the interactive benefits eligibility form at http://www.govbenefits.gov/govbenefits_en.portal.

Trusts

Trusts only make payments at certain times under circumstances that are written in that particular trust document. So it may not be necessary or even possible to spend them before applying for federal housing or food stamps, etc… The terms of the trust document might say that the beneficiary can only collect if someone dies or other things happen beyond the beneficiary’s control. If the trust pays out one big lump sum every year, that annual payout can disrupt federal benefits by temporarily making the recipient too wealthy for the program. And if a trust beneficiary just applying for federal benefits still has funds that were previously paid out from the trust, then that paid out trust money might be a high enough amount to prevent him from getting the federal benefits (housing, medical assistance, temporary aid to needy families, etc…)

People deemed by the Social Security Administration to be disabled, can benefit from a “special needs” trust.[iii]  This kind of trust can be established by an agency or a parent or guardian and the funds can come from various sources (including money awarded in a court case). The funds in the trust can only be used for disability related expenses such as equipment, therapy, and medication and will not affect federal program applications. An existing trust can be changed to a special needs trust.

Savings Bonds

Savings bonds are long-term investments identified by serial numbers. Because they can be redeemed for cash almost immediately, savings bonds count as assets in federal program applications. If they are worth more than the current asset threshold for benefits they have to be redeemed and spent before federal benefits will be granted.

Even though the owner’s address is included in an application to get a savings bond, the Treasury Department certainly would not expect that people are still at the same address years later when their bonds mature. Redeeming bonds is done in person by presenting the bonds at a major bank.

If the bonds are lost or destroyed, the owner can still cash them in by completing a form for the U.S. Treasury Department that will then be used to make sure that the bonds have not already been cashed. The information that has to go on that form is mainly for identifying the bond. You have to know the serial number, the date the bond was issued, the name and address you had when you got the bond, and your social security number.

The form, which is Treasury form PD-F-1048, also asks for explanations of when and where the bond was last seen and who else might have had access to it.[iv]  Because a replacement bond will be issued so that the owner can cash it in at the desired time, it is necessary to provide an address on that Treasury form so that you can receive it somewhere. That address does not have to be for a place where you live, only a place where you can pick up mail.


[i] Income determines whether a family is eligible for federal housing programs. According to 24 CFR §5.609(a)(4) “annual income also means amounts derived…from assets to which any member of the family has access.”

[ii] Spending down too quickly or transferring it to someone might make an agency suspect that you still have access to the money and are trying to pretend that you no longer have it. When you read the law about a federal benefit program, see if there is a section about “spending down”.  Here is an example: 42 USC §1396p(c) is the section of the Social Security Act that tells how that agency will determine when asset transfers affect eligibility for medical assistance benefits.

[iii] 42 USC §1396P(d)(4)(a)&(c). See also, Daryl L. Gordon, Special Needs Trust, 15 Quinnipiac Probate L. J. 121-131 (July-Dec. 2000) and the following books: Stephen Elias, SPECIAL NEEDS TRUSTS (Nolo, 2005); Barbara D. Jackins, et al, SPECIAL NEEDS TRUST ADMINISTRATION MANUAL: A GUIDE FOR TRUSTEES (IUniverse, 2005).

[iv] The form for redeeming savings bonds and other related information is at http://www.savingsbonds.gov/.

If you work at day labor or another occasional part-time work that pays you in hand and does not ask about your address, do you have to accept any amount of pay they give you?

**** The information written here is not legal advice and the author of this blog is not your lawyer.  These posts merely contain ideas to help you plan and organize your legal research and identify potentially helpful sources of law. ****

The Migrant and Seasonal Agricultural Workers Protection Act[i] does allow for the possibility that temporary and transient agricultural workers can be paid “by the piece” (more likely by the bushel or section of a field), but generally the answer to this question is no, you do not have to accept any amount of pay an employer gives you.

The federal Fair Labor Standards Act (FLSA)[ii] requires that every worker be paid at least a certain hourly rate known as “the minimum wage.” Even the piecework rates in temporary agricultural jobs have to pay at least as much as workers would get at the hourly minimum wage rate.  The minimum wage rate is set by the Wage and Hours division of the U.S. Department of Labor. You have to get at least the minimum wage for working up to forty hours in a single week. Your state might have an even higher minimum wage than the federal rate.[iii]

If you work for the same employer for more than forty hours in one week, you are supposed to get paid fifty percent more (per hour or other pay unit) than the rate you earned for the first forty hours. Even if you are paid in cash and the employer does not know your last name, let alone where you sleep at night, you are entitled to earn these rates of pay.  Whether you have an address also has nothing to do with your right to be properly credited for the full number of hours you have worked.[iv] Even though the IRS and the Social Security Administration don’t require temporary and day labor employers to report workers’ addresses to them (because those employers do not have to withhold income tax or FICA payments), they still have to follow the FLSA and the regulations that go with it.

The Department of Wages and Hours has a “Fact Sheet on the Construction Industry”https://www.dol.gov/whd/regs/compliance/whdfs1.pdf listing some of the common ways employers in that industry, which frequently employs homeless temporary workers, try to avoid giving full credit for work time: failing to record time, claiming work over forty hours counts only as comp time instead of paying the 150% wage rate, requiring overtime hours to be held aside in a time bank, not paying for travel time to job sites, etc… All of those actions are illegal.

The Wage and Hours Division advises workers to contact the nearest DOL office[v] if work hours have not been properly credited or if they have not been paid the minimum wage. The office that you contact will investigate your situation and enforce the Fair Labor Standards Act.It would also be wise to contact an attorney for representation. Private law firms can sometimes donate their services to help homeless people get their proper pay.[vi] If none are available, contact the nearest legal aid office.[vii]

Whether your legal help comes from only the DOL office or that office along with your lawyer, you should have a log of your hours and names of witnesses who worked with you. You should also be prepared to tell every possible detail about how and where you were recruited and to name and the individuals who supervised you. Those kinds of proof are necessary to demonstrate that you truly did work at that job for the claimed amount of time.


[i] The Migrant and Seasonal Agricultural Workers Act is at 29 U.S.C. 1801 and the sections following 1801.  An entire Web site about that law and the regulations that go with it. http://www.dol.gov/esa/whd/mspa/index.htm

 

[ii] The Fair Labor Standards Act is at 29USC 201. The Dept. of Labor regulations that go with it are at 29 CFR §510-794. Those laws and plain English fact sheets and other explanations about the FLSA are online at http://www.dol.gov/compliance/laws/comp-flsa.htm.

[iii] State minimum wage rates are published online at http://www.dol.gov/esa/minwage/america.htm. If that site is unavailable contact your state department of labor or navigate through its Web site. http://www.dol.gov/esa/contacts/state_of.htm

[iv] A Dept. of Labor Fact Sheet explaining how employers are supposed to count workers’ time as work time (i.e., how to know when you should be paid for breaks, waiting periods, etc…) is at http://www.dol.gov/esa/regs/compliance/whd/whdfs22.htm.

[v] The Dept. of Labor offices are listed at http://www.dol.gov/esa/contacts/whd/america2.htm and in the blue pages of the phone book.

[vi] Example: The Washington (D.C.) Lawyers’ Committee for Civil Rights and Urban Affairs matches private law firms with indigent clients whose civil rights have been violated. Summaries of some of their employment cases, along with the complaints they filed in court, are at http://www.washlaw.org/news/n_case_decision.htm.

[vii] Legal Aid Offices are listed at http://www.lawhelp.org/. You can also get contact information for local legal aid offices from the public library. A recent class action case was brought by day laborers who weren’t paid fairly after being transported from Maryland to Mississippi to clean up debris from a hurricane. Marroquin v. Canales, 236 F.R.D. 257 (D.Md. 2006). Find other cases by looking in any books published by Thomson West Publishing using the topic “labor and employment” and key numbers 2210 and up.

Can government services force you to seek housing as a condition of getting benefits and services?

**** The information written here is not legal advice and the author of this blog is not your lawyer.  These posts merely contain ideas to help you plan and organize your legal research and identify potentially helpful sources of law. ****

The legal qualifications for public assistance benefits are based upon financial assets and health, not on housing. The regulations do not authorize government agencies to withhold benefits from the homeless or to make them contingent upon somebody’s becoming un-homeless. Nevertheless, staff might encourage homeless clients to participate in programs to get them into government subsidized apartments or other housing.

A homeless applicant, knowing that the law does not require him to give up being homeless in order to get federal disability benefits, medical assistance, or food stamps, must also realize that the law does not forbid government agencies from informing clients about housing programs. There is no law preventing them from even requiring someone to listen to a long housing presentation when applying for disability, food stamps, or medical assistance. This knowledge, that only information-not housing can be forced upon him, should prevent a homeless person from feeling pressured to conform or feeling frustrated that he might not get the benefits.

This is another situation in which being familiar with the law does not necessarily give someone grounds to sue. Instead, it helps assure more balanced communication in which the client need not feel like a victim and the service provider need not feel like an enemy. Sometimes, agencies tell clients about other programs for which they are eligible only to be sure that the client knows about that eligibility. Sometimes, they tell because getting into the other program might lead to the client’s no longer needing government assistance.

There is nothing illegal about either of those motives. Anyone who takes offense at them is choosing not to appreciate that they are offerings of help, offers that can certainly be declined without fear of punishment. Clients always have the right to say something like, “I’m aware that the food stamp regulations do not require me to participate in the housing program or to have my own permanent address, but thank you for offering me that information.”

Links to government support programs:

Can you have different addresses at which you get mail for different purposes?

**** The information written here is not legal advice and the author of this blog is not your lawyer.  These posts merely contain ideas to help you plan and organize your legal research and identify potentially helpful sources of law. ****

 

The phrase “legal address” is used to indicate the place where someone makes his or her home.  If you do not have a home and you get mail delivered to places that gave you permission to do so, it is legal to use those addresses.   In other words, the phrase “illegal address” would not describe that arrangement.

 The law does not prevent homeless people from having their mail delivered to multiple places.  If you want your Social Security mail delivered to your case worker’s office and your medical mail delivered to your brother’s house you only have to know about the policies of the people or offices sending the mail and the willingness of the places receiving the mail.  (See the other posts about mail for more ideas about researching mail-related rights.)

 Of course, you also have to worry about confusing an agency’s record keeping system. As long as it is necessary to complete separate applications for separate services, there is probably no reason to assume that a single address has to be used on all of them. However, if all of the services are administered under one agency, such as the state department of health and human services, there’s a likelihood that all client data goes into a single database where the most recently entered street address applies to everything involving a client.

Do you need an address to get access to government services such as Welfare, Food Stamps, Medicaid, and Social Security Disability?

**** The information written here is not legal advice and the author of this blog is not your lawyer.  These posts merely contain ideas to help you plan and organize your legal research and identify potentially helpful sources of law. ****

Government agencies have to verify residency and citizenship when providing ongoing services to clients. They realize, however, that residency for the homeless is in places like lobbies, halfway houses, bus stations, churches, and other people’s houses.  When people have those kinds of non-permanent residences, the agencies have a variety of ways to confirm that somebody is who he claims to be and that he generally resides in the place he claims.

The Social Security Administration, which provides financial support for the elderly and disabled, has detailed policies in place for verifying an applicant’s identity.[i] Because that agency is one of the country’s official registrars of citizens,[ii] it has an enormous database of identifying facts about each person here. Using that database, the staff can ask applicants to state their social security number and then answer simple questions including date of birth and parents’ names to establish their identity without having to show an ID card with a street address.
When determining where an applicant can usually be located, Social Security staff are required to “assume that transient or homeless individuals need assistance in providing evidence of their living arrangements.”[iii] This means that the staff will make note of the shelters and other services and places where the applicant reports spending time and will rely on verifications from witnesses who regularly see the claimant at any of those places.

There is a specific provision of the Social Security Disability regulations asserting that people are still eligible for the benefits when they are in a homeless shelter.[iv]

Food stamps, Temporary Aid to Needy Families (a.k.a. “TANF” or “cash assistance”), and Medicaid are federally funded public assistance programs that are administered through state agencies rather than through federal branch offices located in those states. All of these are available to homeless people but, because they have state administration, do not follow exact federal identification rules the way the Social Security programs do. Instead, the public assistance or welfare office in each state makes its own rules about how claimants can prove that they are homeless and lack sufficient financial resources to pay for their own food,[v] healthcare, and other basic needs.[vi]

The United States Code has a basic standard for states to follow in establishing their public assistance eligibility requirements. “The State shall require…that each applicant for or recipient of benefits under that program furnish to the State his social security account number and the State shall utilize such account numbers so as to enable the association of the records pertaining to the applicant or recipient with his account number.”[vii] In other words, if someone does not have a street address, his social security number will be used as the fall-back I.D. validation.

Supplemental to that, the Department of Health and Human Services declares in its fact sheet about Medicaid prescription drug coverage for the homeless that “a Post Office Box, an address of a shelter or clinic, or the address where the individual receives mail (e.g. social security checks) may be considered the place of permanent residence.”[viii]

The United States Department of Agriculture, in its regulations about how states can verify the residency of food stamp applicants says that if a homeless person does not have documents showing that he is affiliated with a street address, “the State agency shall use a collateral contact or other readily available documentary evidence…Any documents or collateral contact which reasonably establish the applicant’s residency must be accepted and no requirement for a specific type of verification may be imposed. No durational residency requirement shall be established.”[ix]

The State offices tend to follow these guidelines with minor variations.

Sample laws:

In California, the residency regulation for food stamps says that the welfare department “shall not require an otherwise eligible household to reside in a permanent dwelling or have a fixed mailing address as a condition of eligibility”.[x] If a California applicant declares a shelter as his residence, the local food stamp office has to confirm that the shelter primarily houses people who are homeless, limits the amount of time that people can stay there, and does not have any kind of lease arrangements with people who stay there.[xi] If a California applicant is not affiliated with a shelter, the food stamp office will decide, after interviewing the applicant, what proof of residency to obtain.New York’s regulations merely declare that an application for food stamps will be accepted even if it only has the applicant’s name and signature and no other information, not even an address. Those regulations do not tell how the department will confirm that an applicant is truly homeless.

In Illinois, only one application is needed when requesting cash assistance, medical assistance, and/or food stamps and that application simply asks “Are you homeless? Yes / No”.[xii] The Illinois Administrative Code explains that homeless people applying for assistance through the Department of Human Services can use a friend or relative’s address or the address of a social service agency or the closest DHS office.[xiii]

To find a state’s food stamp address requirement, look in the state health and human services department’s regulations.  Here is a link to a site that lists administrative codes http://www.llsdc.org/state-leg/. Look in the administrative code’s index under “food stamps” or else look to see if there is an entire section or volume of health and human services regulations. Another way to find these regulations is navigating through the state health and human services department’s Web site. http://www.acf.hhs.gov/

Since an address is not merely used for benefit applications, but is also necessary for ongoing correspondence between clients and government agencies, the agencies might recommend that homeless clients identify a caseworker or social service agency as their contact person or “authorized representative.”[xiv] That way, there will be a consistent place where mail can be sent and where the homeless client knows to check-in. Someone who does not want to deal with an agency can use an address service instead. Here is a post about address services.

Serving as the authorized representative is often a basic job duty of someone who works in a shelter.[xv] Another possibility is that applicants can designate someone to serve as a “representative payee” to receive and deposit checks and generally manage their funds. That relationship clearly involves more than simply providing an address, but that is because it is available to claimants, not on the basis of homelessness, but because they cannot or don’t want to manage money.

A Pennsylvania case cautions about deciding which street address to list when applying for government services. The plaintiff in this case, who later became homeless, had applied for unemployment benefits at an address far away from where he now spent most of his time. He was not allowed to pick-up his benefits check at the office closest to his real location and was instead required to make the long, expensive, time consuming trek to the office near the original address.[xvi] There may be more efficient ways to change an address with a government agency now, and more understanding of the difficulties that homeless people have in documenting their actual whereabouts, but the caution is still worth noting.


[i] Social Security Administration, Program Operations Manual System (POMS)- Section SI 00601.062. The POMS is available online at http://www.ssa.gov/regulations/. See also the Fact Sheet on Supplemental Security Income available from the National Law Center on Homelessness and Poverty http://www.nlchp.org/content/pubs/Fact%20Sheet%20on%20SSI%2020011.pdf

[ii] See the background note at the beginning of the Social Security Administration POMS- Section RM 00203-001. “Over time, the SSN has increasingly been used as a multi-purpose identifier by government, business, and other organizations.”

[iii] Social Security Administration, POMS – Section SI 00835.060

[iv] 20 CFR §416.201. Note that this regulation is part of a broader rule stating that people in the care of institutions are not eligible for the benefits. Since homeless shelters do not provide care, they are exempted from that rule.

[v] U.S. Dep’t. of Agriculture, eligibility for the Supplemental Nutritional Assistance Program.  http://www.fns.usda.gov/snap/eligibility  How to apply in each state: http://www.fns.usda.gov/snap/apply

[vi] U.S.Dep’t of Health and Human Services, http://www.acf.hhs.gov/programs/ofa/programs/tanf/about  Here is the link to the States’ programs: http://www.acf.hhs.gov/programs/ofa/help

[vii] 42 USC §1320b-7(1)

[viii] U.S. Dept. of Health and Human Services, What Do I Need to Know to About Medicare Prescription Drug Coverage to Help My Homeless Clients?, http://www.cms.hhs.gov/HomelessnessInitiative/Downloads/HomelessFactSheet.pdf

[ix] 7 CFR Ch.II §273.2

[x] California Dep’t of Social Services Food Stamp Regulations 63-401.5

[xi] California Dep’t of Social Services Information Notice # 1-04-04. Available at http://www.dss.cahwnet.gov/getinfo/acin04/pdf/I-04_04.pdf

[xii] Application available at http://www.dhs.state.il.us/page.aspx?item=33698

[xiii] Ill. Adm. Code tit. 89 §10.210 (2006).

[xiv]U.S. Dep’t of Agriculture, An Introduction to the Food Stamp Program, http://www.cms.hhs.gov/apps/firststep/content/foodtips.html ; Wash. Admin. Code 388-408-0050 and 388-460-0005 available at http://apps.leg.wa.gov/wac/

[xv] See, New Hampshire’s homeless resources list http://www.nhhealthykids.com/homeless-resources and the Massachusetts Legal Help list of SNAP facts about ways for homeless people to access food stamps. http://www.masslegalhelp.org/income-benefits/fshomelessness

[xvi] Regoli v. Commw Unemployment Bd. Rev. Unemployment Comp. Bd. Rev., 427 A.2d 1275 (Pa. Commw. Ct., 1981).