Oregon Administrative Rules
Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS
Division 125 - BASIS OF NEED
Section 461-125-0510 - Impairment Criteria; GA, GAM
Universal Citation: OR Admin Rules 461-125-0510
Current through Register Vol. 63, No. 9, September 1, 2024
(1) To be eligible for GA and GAM, an individual must meet one of the following criteria:
(a) Have a physical or mental impairment that
meets or equals the listing of impairments found in 20 CFR 404, Subpart P,
Appendix 1, in effect November 1, 2003, and can be expected to:
(A) Last for a continuous period of not less
than 12 months from the date of request; or
(B) Result in death within 12 months from the
date of request.
(b) Be
55 years of age or older and meet the following requirements:
(A) Have a severe physical or mental
impairment that does not meet the listing of impairments referred to in
subsection (a) of this section but will:
(i)
Prevent the individual from returning to any past relevant work for a period of
not less than 12 months from the date of request; or
(ii) Result in death within 12 months from
the date of request.
(B)
Be limited to sedentary residual functioning capacity as defined in 20 CFR 404,
subpart P, appendix 2, in effect November 1, 2003.
(c) Be 55 years of age or older and have all
of the following:
(A) A severe physical or
mental impairment that does not meet the listing of impairments referred to in
subsection (a) of this section but will:
(i)
Last for a period of not less than 12 months from the date of request;
or
(ii) Result in death within 12
months from the date of request.
(B) Less than a 12th grade education, as
evidenced by the lack of a high school diploma or GED.
(C) A history of no past relevant work as
defined in section (2) of this rule in the last 15 years.
(d) Be age 50 or older but not yet age 55:
and
(A) Have a severe physical or mental
impairment that does not meet the listing of impairments referred to in
subsection (a) of this section but will:
(i)
Last for a period of not less than 12 months from the date of request;
or
(ii) Result in death within 12
months from the date of request.
(B) Be illiterate or unable to communicate in
English.
(C) Be limited to light
residual functioning capacity as defined in 20 CFR 404, subpart P, appendix 2,
in effect November 1, 2003.
(D)
Have a past relevant work history of "unskilled" or "none."
(e) Be age 50 or older but not yet age 55:
and
(A) Have a severe physical or mental
impairment that does not meet the listing of impairments referred to in
subsection (a) of this section but will:
(i)
Last for a period of not less than 12 months from the date of request;
or
(ii) Result in death within 12
months from the date of request.
(B) Have less than a High School education.
(C) Be limited to sedentary
residual functioning capacity as defined in 20 CFR 404, subpart P, appendix 2,
in effect November 1, 2003.
(D)
Have a past relevant work history of "unskilled" or "none."
(f) Be age 45 or older
but not yet age 50: and
(A) Have a severe
physical or mental impairment that does not meet the listing of impairments
referred to in subsection (a) of this section but will:
(i) Last for a period of not less than 12
months from the date of request; or
(ii) Result in death within 12 months from
the date of request.
(B)
Be illiterate or unable to communicate in English.
(C) Be limited to sedentary residual
functioning capacity as defined in 20 CFR 404, subpart P, appendix 2, in effect
November 1, 2003.
(D) Have a past
relevant work history of unskilled or none.
(2) As used in this rule:
(a) "Basic work activity" means any kind of
work activity that averages at least eight hours a day for which income is
received, regardless of the adequacy to meet the client's needs. Work performed
against medical advice or at an activity center or sheltered workshop is not
basic work activity.
(b) "Equaling"
means the medical findings are at least equal in severity and duration to the
listed findings. If the client's impairment is not listed, the Department
considers the listed impairment most like the client's impairment to decide
whether the client's impairment is medically equal to the listed impairment. If
the client has more than one impairment, and none of them meets or equals a
listed impairment, the Department reviews the symptoms, signs, and laboratory
findings about the client's impairments to determine whether the combination of
those impairments is medically equal to a listed impairment.
(c) "Light work" means work that requires
lifting no more than 20 pounds at a time with frequent lifting or carrying
objects weighing up to 10 pounds and requires occasional stooping. It also
requires standing or walking for a total of approximately six hours of an
eight-hour workday.
(d) "Past
relevant work" means work that the individual has performed in the last 15
years and that constitutes substantial gainful activity as defined in
20 CFR
404.1574 and
404.1575,
in effect November 1, 2003. Also, the past relevant work must have lasted long
enough for the individual to learn the techniques, acquire the necessary
information, and develop the facilities needed for average performance of the
job situation.
(e) "Sedentary work"
means work that requires lifting no more than 10 pounds at a time and
occasionally lifting or carrying articles such as docket files, ledgers, and
small tools. Although sitting is involved, a certain amount of walking and
standing is often necessary in carrying out job duties. Periods of walking and
standing should total no more than two hours of an eight-hour workday and
sitting should total approximately six hours of an eight-hour workday. Most
unskilled sedentary jobs require good use of the hands and fingers for
repetitive hand finger actions.
(f)
"Severe mental impairment" means a mental impairment that significantly limits
the individual's ability to do basic work activity.
(g) "Severe physical impairment" means a
physical impairment that significantly limits the individual's physical ability
to do basic work activity.
(h)
"Unskilled work" is work that requires little or no judgment to do simple
duties that can be learned on the job within 30 days.
(3) An applicant is not eligible for GA or GAM if drug addiction or alcoholism is material to his or her disability.
(4) If the client is unable to do so, the Department will obtain medical evidence that documents a claim of physical or mental impairment.
Publications: Publications referenced are available from the agency.
Stat. Auth.: ORS 411.060, 411.070, 411.404 & 411.710
Stats. Implemented: ORS 411.060, 411.070, 411.404 & 411.710
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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