Temporary Assistance/Case Management

0205.050.20.20 Employment And Ability To Work

IM-#76 May 11, 2000

Temporary Assistance benefits may be granted only while a physical or mental incapacity exists that prevents the parent from performing any gainful work.

If an incapacitated person, working for an employer, is doing the same work done before the incapacity occurred, or other work for which s/he is qualified, the family is not eligible for Temporary Assistance, unless incapacitated parent continues to receive SSI, without regard to the amount of need present.  However, if the incapacity can be shown to directly relate to the fact that:  (1) the incapacitated person is working substantially less time on the job than an able-bodied person would spend; or (2) the incapacitated person is working for a substantially lower wage rate than the usual wage paid for the type of work performed, establish eligibility on this factor.  A discussion with the employer is necessary.

If the incapacitated person is self-employed, thoroughly inquire as to the amount and kind of physical activity the particular job requires.  Obtain information from the individual, reliable witnesses, personal observation, and any other sources as to the person’s ability or inability to perform required activities.  If determined that the individual is performing or can perform the major activities the job requires, the family is not eligible.  However, if the incapacity can be shown to directly effect the claimant’s ability to perform major activities, establish eligibility on this factor.

EXAMPLE:  If the incapacitated parent is unable to perform the required labor alone and completes the job only because of work done by a second person, the family is eligible.  If the incapacitated, self-employed parent performs a substantial and material (or major and important) part of the labor required by the job, the family is not eligible for Temporary Assistance.

If the incapacitated person is unemployed, determine if the incapacity prevents the parent from engaging in full-time employment on a regular basis at the normal wage rate for that employment considering the limited employment opportunities of handicapped individuals.

In some instances, incapacitated parents may accept or continue employment against the doctor’s recommendation.  If assistance is canceled because the incapacitated parent obtained employment in spite of the disability and subsequently loses employment, reopen the grant immediately provided the physician’s report shows the disability on which eligibility was based still exists.

Following Temporary Assistance approval, assist the incapacitated person to utilize available medical, psychiatric, and social resources in the community that may assist in regaining health or in assuming responsibility for care and support of the family (particularly true in cases of temporary incapacity).

As appropriate, refer the incapacitated person to Vocational Rehabilitation for physical restoration and vocational training. If the parent accepts rehabilitation and other eligibility requirements are met, grant or continue Temporary Assistance during the training period based on incapacity.