Department of Human Services

Families First Online Policy Manual

Deprivation

Incapacity

Revised:

15.4.3

PROCEDURES

Table of Contents

 

Incapacity is deemed to exist, and may be approved at the county level, only when an individual receives one the following benefits:

 

        RSDI or SSI based on his/her disability;

 

        VA benefits based on his/her 100% disability;

 

        Black Lung benefits based on his/her own condition;

 

If a recipient whose incapacity was verified by receipt of RSDI, SSI, VA, or Black Lung disability benefits loses these benefits, this is not acceptable proof that incapacity no longer exists for Families First purposes.These recipients will remain eligible for Families First benefits if they continue to claim incapacity, while obtaining and submitting the necessary medical and medical-social information to substantiate their claim.Action to secure this information and submit it for evaluation must be taken promptly.This provision does not apply to applicants.Applicants must follow the normal process for establishing incapacity prior to approval.

 

Eligibility on the basis of incapacity may be approved or continued at the local level without additional medical evaluation for an individual who received RSDI or SSI disability payments when the payment changes from disability to retirement benefits without a break in benefits.This occurs at age 62 for RSDI and age 65 for SSI.The Department of Human Services supervisor must approve the incapacity in this situation and there must be verification that the individual was receiving disability benefits prior to the change.

 

The Medical-Social Information Interview Guide will help the caseworker in securing the appropriate medical-social information.The Medical Social Information Guide must be completed and submitted in its entirety.However, the following questions should be answered to ensure that the caseworker obtains and submits the needed information to the appropriate individuals for incapacity determination.

 

        Did the caseworker interview the incapacitated person?If not, why?Who was interviewed?What is the relationship of the interviewee to the incapacitate person?

 

        Did the caseworker properly document the required information such as name, SSN, grade level attained, birth date, etc.?

 

        Was a complete employment history obtained specifying type of work activities?

 

        Was information obtained about all of the individualís complaints?

 

Glossary

 

Incapacity Menu