Family Independence Program (FIP, or Cash Assistance) Work Rules and PATH

To be eligible for the Family Independence Program (FIP, also known as Cash Assistance), you must meet certain requirements. Some of those requirements deal with employment. These are known as “work rules.”

For general information about FIP, read An Overview of the Family Independence Program (FIP, or Cash Assistance).

FIP Work Rules

When applying for FIP, you must complete the Family Automated Screening Tool (FAST). FAST is a 50-question online survey. The questions will help identify your employment strengths, needs, and barriers. It should take you about 30 minutes to complete FAST. Once you are done, you will get a confirmation number as proof you completed the survey.

Information you enter during the survey will pre-fill a Family Self-Sufficiency Plan (FSSP). Your Michigan Department of Health and Human Services (MDHHS) specialist and the Michigan Works! Agency will help you complete the FSSP. The FSSP will list the work activities that you must do to get FIP. When completing the FSSP, it’s very important to be as honest as possible. Your answers will affect the work you are expected to do. You may be eligible for a work deferral based on your answers. A work deferral means you do not have to follow the work rules for a short period of time. To learn more about deferrals, read the “Work Rule Deferrals” section below.

Another rule is that if you are not working, you cannot refuse an offer of work without good cause. Read the “Good Cause” section below to learn more. If you are working, you cannot quit, voluntarily reduce your work hours, or get fired due to misconduct or missing work without good cause. If you do not follow the work rules you won’t be eligible to get or keep getting FIP.

The PATH Program

“Partnership. Accountability. Training. Hope.” (PATH) is a 10 day program that all FIP applicants must complete before they can get FIP. During the program, Michigan Works! will evaluate your employment information and connect you with resources you could use to find a job. PATH also provides services for people after they find a job. To learn more, read The PATH Program Manual.

Penalties for Not Following FIP Work Rules

If you are getting FIP and you don’t follow the work rules, you will be sanctioned (penalized). The first time you violate a work rule, MDHHS will stop benefits for your whole family for three months. If you violate the rules a second time, MDHHS will stop benefits for six months. The third time you violate the work rules, MDHHS will ban you from getting FIP for the rest of your life. The months your benefits are suspended will count towards your lifetime limit. To learn more about lifetime limits, read Time Limits for the Family Independence Program (FIP, or Cash Assistance).

If you are applying for FIP and you violate the work rules, MDHHS can deny your application. You can reapply after you follow the work rules.

Avoiding Sanctions

You can think of FIP sanctions like three strikes in baseball— the third sanction means you are banned for life. Therefore, it is important to avoid being sanctioned. You can avoid sanctions by having good cause (a good reason for not following the rules) or having a work rule deferral. If you get a notice that MDHHS is going to sanction you, request a hearing if you disagree with the decision, had good cause (a good reason), or think you should have received a work rules deferral. You can use the Do-It-Yourself MDHHS Hearing Request tool to complete your request. Make a copy of the form to keep for your records.

Good Cause

Sometimes things happen that keep you from following the work rules. Good cause means having a good reason for not following the work rules. If you have good cause you won’t be sanctioned. It is important to keep proof of your good cause. If you are getting FIP, you have good cause if any of these are true:

• You have an unplanned event or factor that prevents you from following the work rules, like domestic violence, health or safety risk, a religious reason, or homelessness;

• You are ill or injured;

• You requested child care during the PATH Program that was not provided;

• You requested transportation services during the PATH Program that were not provided;

• You quit a job to take a comparable job;

• You quit a job that required you to commit illegal activities;

• You are physically or mentally unable to do the job;

• You experienced discrimination by your employer;

• You requested reasonable accommodations for a disability that were not provided; or

• You already work 40 hours a week, getting paid state minimum wage.

If you violate a work rule, you will get a Notice of Case Action. This notice will explain your violation, and it will list a time for you to meet with your caseworker and PATH worker. When you meet with them, bring anything that could prove you have good cause for not following the work rules. This can include a:

• Letter from a shelter

• Letter from a caseworker

• Copy of a police report

• Copy of a PPO petition

• Utility shut-off notice

• Eviction notice

• Note from a doctor

• Hospital discharge information

• Witness that can testify that you had good cause

After reviewing your evidence, the workers will decide whether you had good cause and whether you will be sanctioned.

If you are not able to meet with the workers at the scheduled time, this does not mean you automatically lose. You should still send the workers evidence you had good cause. The workers will decide if you had good cause based on the evidence.

If the workers decide you didn’t have good cause, you will automatically be sanctioned unless you request a hearing. You can use the Do-It-Yourself MDHHS Hearing Request tool to complete your request. Your local legal services office may also be able to help you. Use the Guide to Legal Help to find a legal services office in your area.

At the hearing, you will be able to present your case and evidence to an Administrative Law Judge (ALJ). The ALJ will decide whether you had good cause to not follow the work rules. If you disagree with the ALJ’s decision, you can appeal to circuit court.

Work Rule Deferrals

Having a work rule deferral means you do not have to follow the work rules for a short period of time. The way you answered your FSSP may make it easier for you to get a deferral. If you are getting FIP, you can be excused from work rules if any of these are true:

• You are 65 or older;

• You are a parent of a baby less than two months old;

• You are working 40 hours per week;

• You are caring for a child or spouse with a disability;

• You are a person with a disability or medical limitations; or

• You are experiencing a temporary critical event, like domestic violence.

If you are given a work assignment you cannot do, you can request a deferral at that time. A caseworker will review your request. If your request is denied, you will get a Notice of Case Action explaining that you are not following the work rules. You will need to request a hearing to avoid getting immediately sanctioned. You can use the Do-It-Yourself MDHHS Hearing Request tool to complete your request. Make a copy of the form to keep for your records.

At the hearing, you will be able to present your case and evidence to an ALJ. The ALJ will decide whether you should have had a work deferral. If you disagree with the ALJ’s findings, you can appeal to the circuit court.

Requesting a Hearing

If you are requesting a hearing to show good cause or to request a deferral, you can fax, mail, or drop off your request in person. If you fax your request, keep the fax confirmation for your records. If you choose to mail your request, you may want to send it by certified mail. Be sure to direct it to the Hearing Coordinator, not your caseworker.

If you drop off your request, sign the log book in the office lobby (if available). If you have a camera phone, take a picture of your signature in the log book for your records. You could also ask the person who takes the form to stamp your copy as proof of when you dropped it off.

If you have questions about FIP work rules, deferrals, or good cause, contact your local MDHHS office. Your local legal services office may also be able to help you. Use the Guide to Legal Help to find a legal services office in your area.