LawHelp State Frequently Asked Questions
Skip to main content
LawHelp.Org/LA
 
LawHelp.Org/LA is Administered by Southeast Louisiana Legal Services
 
 
Larger Text
 
 
Welfare Time Limits
by: New Orleans Legal Assistance   LSC LOGO
Q.How long can I stay on welfare?
A.The monthly cash payment program called welfare is now called the Temporary Assistance for Needy Families by the federal government, and, in the state of Louisiana, the Family Independence Temporary Assistance Program ("FITAP").  In Louisiana, the general rule is that you cannot get more than 24 months of FITAP payments in a 60 month (5 year) period.  In Louisiana, you also have a lifetime limit of 60 months (5 years, total). 
Q.What months are counted?
A.

All months that you actually get FITAP cash payments are usually, but not always, counted.   These months should not count: 

  • When you were under 18;
  • You were disabled or incapacitated (that is, you had a greatly reduced ability to work);
  • You were pregnant, but only from the 3rd trimester to birth;
  • You got payments in a state other than Louisiana.

 

Q.The agency is counting all my months correctly and I have reached the time limits.  But are there any exceptions?
A.

Yes.  You should be exempt from the time limits if you are:

  • Medically certified as physically or mentally disabled (unable to perform full-time work) or incapacitated (have a greatly reduced ability to work);
  • Actively searching for work (that is, make and prove at least 20 job contacts per month or participate in the state's FIND Work job search program;
  • Unemployable (the state must consult with social service agencies about your ability to work, before making this decision);
  • Still unemployed after 2 months of active job search in a state-designated high unemployment parish;
  • Unemployed due to the recent loss of your job, for reasons not related to your job performance (for example, lay-off), plus you are actively looking for work;
  • In FIND Work-approved job-related education or training and you can finish it in 1 year or less; or
  • Suffering hardships that make it hard for you to get work.
Q.

I am about to be evicted from my apartment.  Is that the kind of hardship that counts?

A.

Yes.  Hardships include times when:

  • You are addicted but under treatment, and your doctors recommend that you do not try to work during treatment;
  • You do not have adequate child care or transportation;
  • There is a temporary family problem such as death, eviction, serious illness, or accident;
  • There is domestic violence in your family; or
  • A disabled or incapacitated family member needs your full-time care.

 

Q.What do I do if the state says I've reached the limit and can't get any more cash assistance?
A.

Mistakes are often made.  You have the right to appeal.  This is what you can do:

1.      Appeal if you do not agree and you want a hearing.  You should be given a notice in writing that has a space you can fill out to appeal.  Appeal right away.  Take the notice to your local office of the Department of Social Services, Office of Family Support.  Make sure you take an adult witness with you, or get a copy of your appeal.   You should have proof you filed the appeal on time.  If there is enough time, you may want to go to your nearest free legal services office, to see if they can help you appeal.

2.     Go to the hearing and try to get legal help.  The free legal services program in your area should be able to help you, if they have enough staff, and if it seems that the state made a mistake cutting you off.  It is better to have a lawyer or other representative to help you than to go to the hearing by yourself.  But if you cannot get help, you still should go to the hearing if you disagree with the cut-off of your cash payments.  At the hearing, you have the right to look at all the evidence against you, question the state's witnesses, testify yourself, and bring your own witnesses to help you.

 

  Search
   Tips on Searching

  Live Chat by LivePerson
Find Legal Help On Help for your own child (welfare/TANF)
Related Resources
Under 18, unmarried and have a baby? Public assistance questions and answers.
By: New Orleans Legal Assistance
Louisiana Department of Social Services (Separate Website)
By: Louisiana Department of Social Services
Family Independence Temporary Assistance Program (Separate Website)
By: Louisiana Department of Social Services
more...
Last Reviewed On: 11/29/06
 
Information Not Legal Advice. This web site has been prepared for general information purposes only. The information on this web site is not legal advice. Legal advice depends on the specific facts of each situation. Some information in this web site may not be correct for where you are.  The information in this web site is not guaranteed to be up-to-date.  The information in this web site cannot replace the advice of competent legal counsel licensed in your state.

Lawyer Advertising. In some jurisdictions this web site may be considered lawyer advertising. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.

Any listing of an attorney does not constitute a recommendation of the attorney. Before hiring any attorney, you should investigate the attorney's reputation and qualifications.

Links. This web site contains links to other resources on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that we sponsor or are affiliated or associated with the persons or entities who created such site, nor are the links intended to state or imply that we are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.

E-mail. Viewing this Web site, or transmitting an e-mail message through this Web site, does not create an attorney-client relationship. Sending e-mail to an attorney mentioned in this site does NOT create an attorney-client relationship between you and the attorney. Unless you are already a client of the attorney, your e-mail may NOT be protected by the attorney-client privilege. Moreover, unless it is encrypted, e-mail can be intercepted by persons other than the recipient. Deadlines are extremely important in most legal matters. You may lose important legal rights if you do not hire an attorney immediately to advise you. Many people do not check their e-mail daily, and some attorneys do not respond to unsolicited e-mail from non-clients.

 
  Powered by ProBono.Net

 

Your Support Makes A Difference!

Legal Services Corporation     United Way     Louisiana Bar Foundation     New York Community Trust     2007 Webby Award Winner     2008 Webby Award Nominee    
 
  © 2001 - 2008, Pro Bono Net, All Rights Reserved

Bobby WorldWide Approved 508 Level A conformance icon, W3C-WAI Web Content Accessibility Guidelines 1.0