USDA DFAP Awards & Public Benefits

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USDA Discrimination Financial Assistance Program (DFAP)

The United States Department of Agriculture (USDA) Discrimination Financial Assistance Program (DFAP) will provide financial assistance to farmers, ranchers and forest landowners who experienced discrimination by USDA in USDA's farm lending prior to January 1, 2021. Funding for the program totals $2.2 billion, authorized by Section 22007 of the Inflation Reduction Act. The deadline to submit applications was January 17, 2024. The USDA announced on July 31, 2024 that it sent awards to over 43,000 individuals. For more information about DFAP, visit https://www.22007apply.gov/home.html.

USDA Discrimination Financial Assistance Program (DFAP) Awards and Public Benefits

The information below is for the farmers and ranchers who applied for and received a one-time, lump-sum award from the United States Department of Agriculture (USDA) under the Discrimination Financial Assistance Program (DFAP).  This general information will help DFAP award recipients understand the potential impact of such money on their public benefits.

THE USDA DFAP AWARD MAY AFFECT YOUR ELIGIBILITY FOR PUBLIC BENEFITS. EVERYONE’S SITUATION IS DIFFERENT. BE SURE TO CONSULT AN ATTORNEY OR ADVOCATE KNOWLEDGEABLE IN YOUR STATE FOR SPECIFIC ADVICE.

See below for more information and a list of resources where you may be able to access additional help.

For general questions about your USDA DFAP award, contact the USDA DFAP Call Center at 1-800-721-0970 or email [email protected].

CLICK HERE for a list of resources related to where to get more information and help with your USDA DFAP award and public benefits.

If you are in need of legal advice about how the DFAP award affects your benefits, you may qualify for free limited assistance.  

  • If you live in one of the states listed below, contact the designated program to apply for help. You may have to meet eligibility requirements.
  • If you live in any other state, or if you cannot be served by the program listed for your state, you can apply to the ABA Free Legal Answers platform (see below).
  • You can also contact your local legal aid to apply for help (see below). 
  • If none of these options can help, try calling your local bar association and ask if they offer a lawyer referral service. Lawyers you find through the bar association are not free and will charge a fee.

Alabama   

Call the Legal Services Alabama DFAP Hotline at (866) 278-2440. Or call 334-242-5000. 

Arkansas

Contact Legal Aid of Arkansas at ARLegalAid.org or by phone at 870-910-5562. Additional civil legal information may be found at ARLawHelp.org.   

California  

Call the Health Consumer Alliance (HCA) at 1-866-834-3536. You will be prompted to enter your preferred language and zip code, and then be routed to free local assistance. If you need more information about CalFresh benefits you may be referred to a CalFresh specialist within the HCA partner’s office or another free legal service provider in your area.

Colorado

Call Colorado's bilingual USDA DFAP hotline at (303) 879-4842. Callers are asked to leave their names and phone numbers to receive a call back.

Delaware

Contact Community Legal Aid Society, Inc. (CLASI). CLASI serves three counties, see below:

WILMINGTON (serves New Castle County)
110 West 10th Street, Suite 801
Wilmington, DE 19801
302-575-0660

DOVER (serves Kent County)
840 Walker Road
Dover, DE 19904
302-674-8500

GEORGETOWN (serves Sussex County) 
Georgetown Professional Park 
20151 Office Circle
Georgetown, DE 19947 
302-856-0038  

You can also contact Delaware Volunteer Legal Services, Inc. (DVLS) at 302-478-8680. Individuals calling DVLS for help need to be at 125-200% of the federal poverty guidelines in order to be eligible for their services.

Georgia

Call Georgia Legal Services Program at 1-833-GLSP LAW (457-7529) for all counties except the metro Atlanta area (Fulton, Dekalb, Gwinnett, Clayton, and Cobb) Monday – Friday from 9:00 a.m. to 5:00 p.m. You can begin the application process online at https://gaoi.legalserver.org/modules/matter/extern_intake.php?pid=108&h=5c2a5f&, but you will still need to complete a telephone intake during regular business hours. 

Idaho

The Idaho Volunteer Lawyers Program (IVLP) hosts Legal Clinics that offer the opportunity to receive a half hour of free advice and counsel on a civil legal issue. Clinic attorneys can offer a legal review and consultation on a legal issue, and assistance with completing self-help forms. To qualify, the applicant must not exceed 125% of the federal poverty level. Applicants must fill out a clinic registration form and will then receive a phone call to complete the financial eligibility determination. You can find the clinic registration form here: https://laserfiche.isb.idaho.gov/Forms/ClinicReg. More information about IVLP can be found on their website: https://isb.idaho.gov/ilf/ivlp/. Clinic locations in Ada, Canyon, Elmore, and Kootenai counties are listed below.

Downtown Library 1st Tuesday of the month 12:00-2:00 pm   

Nampa Library 2nd Tuesday 12:00 - 2:00   

Mountain Home Library 2nd Thursday of the month 12:00 - 2:00   

Garden City Library 3rd Thursday of the month 4:00 - 6:00 pm   

Meridian Library 4th Tuesday 5:00-7:00 pm   

Coeur d'Alene Library 1st Thursday 4:00 - 6:00 pm

Illinois  

Call the Legal Council for Health Justice at 312.427.8990 for free advice. 

Louisiana

Call 1-866-ASK-ALSC (1-866-275-2572) for Acadiana Legal Service Corporation to apply for legal assistance.  If you do not live in an area of central and north Louisiana served by ALSC, you can also contact the Legal Aid office that serves your community. Not all Legal Aid programs can assist with these kinds of questions, and they only serve people who meet financial and other eligibility requirements.  

Michigan

Contact Michigan Legal Help by calling the hotline 888-783-8190 or visit the Legal Help Guide at www.michiganlegalhelp.org.  Michigan Legal Help serves individuals who are Michigan residents and who meet the eligibility requirement of being below 200% poverty guidelines. For certain public benefits there may also apply eligibility requirements regarding age. People who fall over the 200% poverty guidelines can still reach out and may be referred to other helpful resources.   

Mississippi

Call 1-800-498-1804 to be connected with the legal aid office that serves your community. Not all legal aid programs can assist with these kinds of questions, and they only serve people who meet financial and other eligibility requirements.

Nevada

For more information, individuals may call Nevada Legal Services (NLS) for potential limited advice. Visit https://nevadalegalservices.org. Follow instructions on their website to complete the Online Intake application (you will need an email address). To qualify for their services, individuals must meet eligibility requirements becuase in most circumstances NLS only serves people that are below the federal poverty guidelines.

  • To contact the Las Vegas office, please call (702) 386-0404 or (866) 432-0404. No walk-ins at the moment. 
  • To contact the Reno office, please call (775) 284-3491 or (800) 323-8666. Walk-ins are accepted up to 30 minutes before close Monday-Thursday. 
  • To contact the Carson City office, please call (775) 883-0404.  No walk-ins at the moment. 
  • To contact the Yerington office, please call (775) 463-1222. Office hours are M-Th 9am-5pm, Fri 9am-1pm. Walk-ins are accepted up to 30 minutes before close.
  • To contact the Elko office, please call (775) 753-5880. Office hours are M-Th 8am-4pm, Fri 8am-12pm. Walk-ins are accepted up to 30 minutes before close.  

North Carolina

Contact the North Carolina Information Hotline for USDA DFAP Award Recipients at 980-213-0373 for free and confidential information.  

Ohio

Ohioans who are age 60 or over should call the Pro Seniors Legal Helpline toll-free at (800) 488-6070. In the Cincinnati area, please call (513) 345-4160. Pro Seniors provides free legal information, advice, and referral, regardless of income or resources.

You can reach out to the Pro Seniors' Legal Helpline. Call to schedule a telephone appointment between the hours of 9am to 3 pm Monday through Friday. Visit proseniors.org for more information.

Oklahoma  

Call Legal Aid Services of Oklahoma at 646-202-1681 Monday through Thursday, 9:00 a.m. to 4:00 p.m. to apply for legal advice. For more information, visit www.LegalAidOK.org/usda-dfap/.

Rhode Island

Contact Rhode Island Legal Services to apply.

Providence Office (all counties)
56 Pine Street, Suite 400
Providence, RI  02903
401-274-2652, extension 116                                      

Or contact the Lawyer Referral Service at 401-421-7799 for assistance.

South Carolina

Call SC Appleseed Legal Justice Center at (803) 779-1113 x115 to apply for assistance. You can also contact SC Legal Services (888) 346-5592 to see if they can assist.

Tennessee

Contact the Tennessee Justice Center at 1-877-608-1009 toll free, (615) 255-0331, or online at www.tnjustice.org.

Washington

The Northwest Justice Project provides advice and brief services to eligible low-income people and seniors in Washington State.

  • Call the CLEAR at 1-888-201-1014 weekdays between 9:15 a.m. and 12:15 p.m. or apply online at https://nwjustice.org/apply-online. Individuals will have to complete an intake for their public benefits issue, speak by phone with an intake screener, and then may be connected with a CLEAR attorney for advice.
  • Seniors (age 60 and over) may also call CLEAR*Sr at 1-888-387-7111 (statewide)
  • Deaf, hard of hearing or speech impaired individuals may call CLEAR or 2 1 1 (or toll-free 1-877-211-9274), using the relay service of their choice.

Please be advised that hotline intake services may or may not be available, depending on the volume of incoming requests. Callers are advised to call back if they were unable to get through the first time.

FOR ALL OTHER STATES

ABA Free Legal Answers 

Visit https://abafreelegalanswers.org to see if your state participates. You will need to select the state where you live and provide income and asset information to determine eligibility for free legal advice, which is generally available to people with household income below 250% of the federal poverty guidelines. Note: when answering questions regarding your assets, do not include your USDA DFAP award. Once you are approved, you can create an account to ask a question and get advice from a volunteer attorney. 

Legal Aid 

Contact the Legal Aid office that serves your community. You can look up your local Legal Aid at https://www.lsc.gov/about-lsc/what-legal-aid/i-need-legal-help. Not all Legal Aid programs can assist with these kinds of questions, and they may have financial eligibility requirements.

Private Attorney 

Contact your local bar association to request a referral to a private attorney. You typically have to pay for services from private attorneys.

Frequently Asked Questions

 

Which public benefits ARE NOT affected by the USDA DFAP award I receive?

Your USDA DFAP award will not affect your eligibility for public benefits that have no income or asset tests. Most Medicare plans and Social Security have no income or asset tests. DFAP awards will not affect most people on Medicare or receiving Social Security benefits. If you also receive other public benefits, keep reading to learn if those benefits may be affected by your DFAP award.

Which benefits MAY BE affected by the USDA DFAP award?

Your USDA DFAP award may affect any benefits you receive that are based on your household income and assets.  These include benefits such as Supplemental Security Income (SSI), Medicaid, SNAP (Food Stamps), VA Pension Benefits, and housing subsidies (e.g. Section 8 or other rent below market value).

What is income?

Any money a person receives each month is considered income for that month. After the month the money is received, any remaining money is considered an asset or resource.

What is an asset or resource?

Any cash, including money in the bank, and personal property that can be converted to cash, if the person is not legally restricted from using it. Your home and one car along with household goods and personal items do not count as assets or resources.

Do I need to report the USDA DFAP award to anyone?

Yes. If you receive benefits based on having limited income or assets you should report the amount of the USDA DFAP award. You should report to your SSI, Medicaid, and SNAP workers the amount you receive as soon as you get the money. If you do not report the payment, you may have to pay back benefits you received or face other consequences.

In addition, the USDA DFAP award is taxable income, so you must include it in your 2024 annual tax return.  See https://extension.usu.edu/ruraltax/dfap for more details.

Where can I find out more about specific benefits?

  • Social Security Retirement
    The USDA DFAP award does not affect Social Security retirement benefits.
     
  • Social Security Disability Insurance (SSDI)
    The USDA DFAP award does not affect SSDI payments.
     
  • Basic Medicare: (including Medicare Advantage)
    The USDA DFAP award does not affect Basic Medicare or Medicare Advantage eligibility or benefits. But Medicare premium assistance through Medicare Part B and drug coverage through Medicare Part D may be affected by your income.
     
  • Supplemental Security Income (SSI)
    The USDA DFAP award probably will affect SSI benefits. SSI is paid by the Social Security Administration to older adults and persons with a disability who have limited income and assets and limited work history. If you get SSI benefits, you must spend the DFAP award and keep documentation of how you spent it. DO NOT GIVE THE MONEY AWAY. More information about the impact of the USDA DFAP award on SSI benefits is coming soon.
     
  • Medicaid
    The USDA DFAP award may affect Medicaid benefits. Medicaid provides health coverage, including help paying Medicare premiums, for people who have limited income. Some people have both Medicare and Medicaid coverage. Most people who get an SSI check also get Medicaid. Medicaid has income limits and the USDA DFAP award will be counted as income for Medicaid. Medicaid also has asset limits for those who are disabled or over age 65. If the DFAP award puts your total assets over the limit, you can avoid an impact on your Medicaid eligibility by spending the DFAP award on allowable expenses. DO NOT GIVE THE MONEY AWAY. Medicaid rules differ by state. More information about the impact of the USDA DFAP award on Medicaid benefits in each state is coming soon.
     
  • Supplemental Nutrition Assistance Program (SNAP, EBT or Food Stamps)
    The USDA DFAP award may affect SNAP benefits. SNAP provides households with limited income additional money to buy food at local grocery stores. The USDA DFAP award is not income for purposes of SNAP. Any DFAP award left over the month after you receive it will be counted as a resource. Most states have resource limits for SNAP, but some do not. If you receive SNAP benefits in a state with a resource limit and the DFAP award puts your total assets over the limit, you can avoid an impact on your SNAP eligibility by spending the money the month you receive it. DO NOT GIVE THE MONEY AWAY. SNAP rules differ by state. More information about the impact of the USDA DFAP award on SNAP benefits in each state is coming soon.
     
  • Veterans and Survivors Pension
    Veterans and Survivors Pension benefits, administered by the Department of Veterans Affairs (VA), provide monthly payments to wartime veterans and their survivors who meet certain basic eligibility requirements, and who have income and net worth within certain limits. VA counts payments of any kind from any source as income for VA Pension purposes unless specifically excluded by law. USDA awards under the Discrimination Financial Assistance Program (DFAP) are countable income for VA Pension purposes and must be reported to VA via telephone at 1-800-827-1000 or using the appropriate VA form. If you are enrolled in the Department of Veterans Affairs Pension Program (as either a Veteran or a survivor), you should report any change in your income, including any USDA DFAP award, upon receipt, to avoid incurring an overpayment of benefits. You may contact VA toll-free at 1-800-827-1000 to report the USDA DFAP award and get answers about how it will impact your VA payments.

Thank you!

NLADA is working with the USDA to ensure recipients of DFAP assistance understand whether and how the one-time payment may affect benefits they receive. NLADA is grateful to be collaborating with the National Health Law Program and the American Bar Association to ensure accurate information is given to payment recipients. We also want to acknowledge and thank the benefit experts at legal aid programs across the country for their crucial assistance with this effort.