Current through Register Vol. 35, No. 18, September 24, 2024
A.
Disability determination:
The department must find:
(1) medical
evidence of physical or mental impairment(s), and
(2) medical and non-medical evidence to
support that the severity of the impairment(s) is sufficient to significantly
restrict the applicant's capacity to perform basic work-related activities or
prevent engagement in gainful employment; or
(3) that, absent the above findings, an
unsubstantiated statement of impairment or inability to work shall not be
adequate to establish disability.
B.
Case development process:
(1) all eligibility factors must be met prior
to determining disability;
(2)
complete a medical/social summary describing the applicant's health history;
appearance, work and personal situation;
(3) assist, if appropriate, the applicant
with obtaining documentary evidence;
(4) schedule, if appropriate, appointments
for the applicant; and
(5)
determine the need for additional documents for evidence.
C. The department may use the following
alternative methodology to determine disability for set and variable term
general assistance.
(1)
Documentation
requirements:(a) The medical
information must be documented on the department's standardized and approved
medical release/physician's statement or may be documented on a physician's
statement that includes all the information required to make a disability
determination.
(b) The medical
information used to substantiate impairment and finding of disability must
include, but shall not be limited to:
(i) a
record or narrative report resulting from examinations or diagnostic
procedures;
(ii) a statement of the
impairment;
(iii) a projected time
period of the length of the disability; and
(iv) certification that the impairment
precludes employment within the individual's capacity.
(2)
Duration of an
impairment: The duration of the impairment shall be evaluated by the
department based on medical documentation.
(a)
An impairment substantiated by medical documentation that precludes the
individual's capacity to engage in gainful employment that is expected to last
at least thirty days from the date of disability and for less than eight months
shall be eligible for a set term certification.
(b) An impairment substantiated by medical
documentation that precludes the individual's capacity to engage in gainful
employment that is expected to last at least thirty days from the date of
disability and for an indefinite period exceeding 6 months shall be eligible
for a period of no more than six months without substantiating medical evidence
consistent with Subsection D of 8.106.420.8 below.
(3) The alternative methodology shall be used
no more that once in any 12 month period.
D.
Development of evidence: The
applicant is responsible to obtain and provide evidence of the nature and
severity of the impairment(s) as well as the capacity to work. Non-medical
evidence will not be considered in the absence of medical evidence.
(1)
Medical evidence: Medical
evidence must be submitted and considered to verify the existence of physical,
mental impairment(s) or both.
(a)
Source: Medical evidence must be obtained from approved source(s),
limited to: medical doctors, physician assistants, doctors of osteopathy or
podiatry, ophthalmologists, psychiatrists or psychologists, state-licensed
providers, and individuals that meet the minimum mental health professional
qualifications set by their community mental health services
employer.
(b)
Timeliness of
report: Medical evidence over six months old from the date of
application may be useful to support a pattern of recurring impairment, but
should be accompanied by current medical evidence.
(c)
Department assistance:
(i)
Requests for reports: When
necessary the department shall assist in obtaining medical evidence by making
no more than two written requests per medical provider, for copies of relevant
existing medical reports.
(ii)
Examinations: The department shall schedule and, based on
available funding, pay for a medical examination or other appropriate
procedure(s) for purposes of obtaining current medical evidence. The applicant
shall first be referred to the individual's own physician or
provider.
(2)
Non-medical evidence: Non-medical evidence may be submitted and
considered from public and private agencies, schools, parents and caregivers,
social workers and employers, and other sources to assist in the determination
of whether the impairment(s) are of sufficient severity to restrict the
applicant's capacity to perform basic work-related activities or prevent
engagement in gainful employment.
E.
Case disposition: Once an
impairment is established, all the medical and non-medical evidence is
considered in assessing impairment severity to determine disability. Case
disposition shall include:
(1) a thorough
review of documentary evidence;
(2)
a determination as to whether disability is supported;
(3) the anticipated duration of the
impairment;
(4) specific
contingency requirements; and
(5)
the certification review period for disability review.
F.
Certification period: The
certification period is primarily based on the prognosis and anticipated
duration of the impairment(s), as established by medical evidence.
(1)
Set term: A set term is
assigned where medical evidence supports that a significant improvement in the
impairment(s) is anticipated or probable in the six months following
application. A set term certification shall not exceed eight months in total
duration. A new application may be submitted for consideration of a new
term.
(2)
Variable
term: A variable term is assigned where medical evidence supports that a
significant change in the impairment(s) is not anticipated or probable in the
six months following application.
G.
Contingencies: Eligibility
for benefits may be made contingent upon satisfactory completion of written
condition(s) that may include, but are not limited to:
(1) follow treatment plans as prescribed by a
physician or mental health provider;
(2) seek and utilize available community
based resources;
(3) accept
treatment as recommended by a physician or mental health provider;
(4) pursue a referral for DVR, or other
available, services.