IM-78 4/23/01 PHYSICAL OR MENTAL INCAPACITY OF A PARENT TA MAN REV #16
| SUBJECT: |
| PHYSICAL OR MENTAL INCAPACITY OF A PARENT
TEMPORARY ASSISTANCE MANUAL REVISION #16 |
| DISCUSSION: |
| State Rule 13 CSR 40-2.310(5) of May 1998
provides that Temporary Assistance is granted for the benefit of any child
deprived of parental support or care due to the physical or mental incapacity
of a parent. This rule further provides that physical or mental incapacity
must be certified by competent medical or other appropriate authority designated
by DFS. Benefits may be granted and continued while it is established
that a physical or mental defect, illness, or disability exists which prevents
the parent from performing any gainful work. This memo will clarify
the existing policy for "Deprived Of Parental Support Due To Physical And
Mental Incapacity".
ESTABLISHING INCAPACITY Determination Can Be Made by the County Director Temporary physical or mental incapacity exists when it inhibits the parent from working, and the incapacity is expected to last for a period of up to thirty days but less than twelve months. Careful consideration must be given to the extent and length of the incapacity. Adequate information to make a determination is based on the nature and severity of the incapacity. Obvious incapacity may not need a physician's statement. Determination Must be Made by a Disability Unit A parent is considered permanently disabled if they are receiving or eligible to receive Old Age Survivor's and Disability Insurance (OASDI) or Supplemental Security Income (SSI) benefits based on disability or blindness, or employer-sponsored disability insurance. A permanent disability is expected to last twelve months or longer. Final Agency Determination Process
Effective with this memorandum, there will be a two step process to be followed for any individuals having made application for OASDI, SSI, or employer-sponsored disability insurance. Step One Participant meets the eligibility of physical or mental incapacity for Disabled Parent (DP) with the application of OASDI, SSI, or employer-sponsored disability insurance. If the decision of this application is rejected, proceed to step two. Step Two Worker sends the information from the disability application listed in step one, through the Medical Review Team (MRT) for a decision on the disability. This information should be sent on DFS forms using as necessary, the IM-60 (Medical Referral and Authorization), IM-60A (Medical Report Including Physician's Certification/Disability Evaluation), IM-61 (Social Information Summary), and the IM-61B (Disability Questionnaire). Do not contact the local Social Security Office or the Disabilities Determination Unit for this information. It is not accessible. Designate on the IM-61 (Information Summary) if this is an application for Disabled Parent in Section 1 or a redetermination in Section 2 by marking AFDC and writing DP beside it. If MRT rejects the disability claim the individual no longer meets the criteria for physical or mental incapacity. Staff will need to explore eligibility for Temporary Assistance cash based on need if this is a two-parent household, while also exploring work requirements. This does not mean to imply that the participant cannot appeal the decision made from the original disability application through the proper channels. NOTE: Refer to the Case Management Desk Reference Guide, "Two Parent Household Deprived of Parental Support", for entries in the IM-5 system. |
| NECESSARY ACTION: |
Distribution #2 |
| IM-077 |