Oriana Farnham

Oriana is a Skadden Fellow at Maine Equal Justice. Her work focuses on helping parents with the TANF-ASPIRE program.

6 Myths and Facts about General Assistance in Maine

(from MEJ’s Legal Intern!)

This fall, I had the chance to intern with Maine Equal Justice to work on issues around Maine’s General Assistance (GA) program. I gave trainings on people’s rights in the GA program, and I had the chance to talk to GA participants and applicants, GA administrators, and advocates such as healthcare providers.

I learned that there are some persistent myths about GA, and I think it’s important to spread the truth about people’s rights. Here’s a list of some myths about GA, with explanations of how GA should really work according to the law. I hope it’s helpful to you or someone you know who could be eligible for GA, but might have been discouraged from applying.

Myth #1: GA can only help with rent.

Not true! GA is a program to help with “basic needs.” This includes rent, but it also includes food, clothing, fuel, electricity, and medically necessary services and medicines. Many GA offices consider cell phones, diapers, and personal care items like shampoo and soap to be basic needs, too. And, if you’re homeless, GA can pay for temporary emergency shelter, like in a motel or a boarding house.

Myth #2: I can’t apply for GA because they’ve told me that I’m not eligible.

Not true! Everyone has the right to apply for GA. In fact, if you need GA in a life-threatening emergency, your town has to have a phone number you can call 24 hours a day to apply for GA.

Even if a GA administrator says, “You’re probably not eligible,” you should always ask to submit an application and get their decision in writing. If they deny you, you have the right to appeal within 5 days. There’s no harm in getting denied or in asking for an appeal, but there could be harm in not getting assistance when you really need it.

Myth #3: GA is only available to single parents / immigrants / people with disabilities.

Not true! GA is equally available to anyone. The major requirement is that your income is below the GA income guidelines but even this requirement may be waived if you are facing an emergency situation like going without heat, having your electricity shut off, becoming homeless or going without medication.

Myth #4: GA is impossible to stay on because of all the requirements they make you do.

Not true! And I encourage you to get all the information you can before making that choice.

There are some requirements for GA. But, every town is different. For example, some towns may ask you to work for the town or to apply to a certain number of jobs per week. But other towns don’t have work requirements. And, if you have a disability, don’t have work authorization, or are needed to stay home and take care of a disabled family member, you won’t have to do any work requirements. I personally think it’s worth it to apply anyway and find out what the town asks you to do.

If you think what a town is asking you to do in the GA program is undignified or unfair, you should get legal advice! Learn more about your rights. And you can contact Pine Tree Legal Assistance or Maine Equal Justice if you still have questions.

Myth #5: I can’t apply for GA because I haven’t submitted my application for asylum yet.

Not true! Maine enacted a new GA rule this year that makes people who intend to apply for asylum eligible for GA before they have submitted their application. You do have to fill out a form about your intent to apply for immigration relief, but you don’t need to rush your application for asylum. This should give people the time they need to talk to an immigration attorney about their case before submitting an asylum application.

If you want information about immigration law, you can contact the Immigrant Legal Advocacy Project (ILAP). Find out more about their services.

Myth #6: If I get denied GA there’s nothing I can do about it.

Not true! You have the right to appeal a GA decision within 5 days of getting denied. That’s why it’s important to ask to apply and to get the decision in writing. If you don’t apply, you can’t do anything to challenge the decision.

If you appeal, GA will schedule a “fair hearing.” The fair hearing is pretty informal. Instead of a judge, there will be a “hearing officer.” The hearing officer reviews whether the GA administrator made the right decision on your application according to the law. You have the right to legal representation, so I would encourage you to contact Pine Tree Legal Assistance or Maine Equal Justice to see if you’re eligible for help.

Last, the GA laws says that the State of Maine has to review people’s complaints about GA. The State has a statewide GA coordinator who works at DHHS. If you think your GA office made the wrong decision on your application or have other complaints, you can contact DHHS at 1-800-442-6003.