(a) For the
purposes of
AS
47.27.015,
47.27.025, and this chapter, an
individual is "physically or mentally unable to perform gainful activity" if
the individual
(1) is eligible for disability
benefits under the supplemental security income program (42 U.S.C.
1381 -
1383 f), the social security
disability insurance program (42 U.S.C.
401 -
433) or the adult public
assistance program (AS
47.25.430-47.25.615) because of blindness or
disability; or
(2) has a physical
or mental condition that, on the basis of competent medical evidence submitted
in accordance with (b) of this section, the department reasonably expects will
last at least 30 days, and that is severe enough
(A) to prevent the individual from working at
full-time employment; or
(B) that
potential employers refuse to hire the individual or provide a reasonable
accommodation under the Americans with Disabilities Act (42 U.S.C.
12101 -
12213).
(b) To substantiate a claim of
inability under (a)(2) of this section, medical evidence from a licensed
medical or health care practitioner as to the nature, extent, and expected
duration of the condition is required. The evidence must be submitted on a form
provided or in a format specified by the department, and may be obtained at
reasonable cost at the department's expense, when authorized by the department.
The department will allow the individual up to two months to provide the
medical evidence if
(1) the individual resides
in a remote area of Alaska;
(2) for
reasons directly related to the remoteness of the individual's residence, the
individual has been unable to gain access to a licensed medical or health care
practitioner within the three months immediately preceding the date of
application or the three months since the onset of the inability to perform
gainful activity, whichever period is shorter;
(3) the individual demonstrates to the
department's satisfaction that the individual is unable to gain access to a
licensed medical or health care practitioner within 30 days after receipt of an
application in a district office of the division handling public assistance
matters in the department; and
(4)
in place of a medical evidence from a licensed medical or health care
practitioner, the individual provides a statement on the individual's condition
from a village health aide or other health care provider who is familiar with
the individual's condition.
