South Dakota Administrative Rules
Title 67 - Department of Social Services
Article 67:10 - Temporary assistance to needy families
Chapter 67:10:02 - Deprivation
Section 67:10:02:03 - Physical or mental incapacity of a parent

The department considers that a parent is physically or mentally incapacitated if the parent has a physical or mental illness or impairment which is expected to last for a period of at least 30 days. The incapacity must be supported by medical evidence and must be of such a debilitating nature that it substantially reduces or eliminates the parent's ability to support or care for the otherwise eligible child.

The determination of eligibility on the basis of incapacity is made by the disability/incapacity consultation team on the basis of medical evidence supplemented by a social history and a work history. Medical evidence consists of a written report from a licensed or certified physician, physician's assistant, nurse practitioner, psychologist, optometrist, chiropractor, or social worker-PIP; a copy of medical records; or the findings of an examination completed for this purpose. Medical evidence must include the individual's diagnosis and prognosis, a statement containing treatment recommendations, a statement of the individual's ability to perform work-related activities, a statement of the individual's restrictions which limit the individual's ability to perform work-related activities, and a statement as to the need for vocational training.

Incapacity is related to the ability to hold a full-time job which might reasonably be expected to provide a living for a family. When incapacity permits part-time work only, assistance is allowed only if there is a financial need and if the family is otherwise eligible. In the case of incapacity when full-time work does not provide fully for the needs of the family, assistance is allowed to supplement the family's income. If an individual is capable of performing another type of work despite the incapacity, the individual is not considered to be incapacitated.

A parent is considered incapacitated if the parent has a 100 percent disability rating from the Veterans' Administration, receives a disability payment through social security disability insurance, or receives a disability payment from SSI.

The department may request an examination if the required medical evidence is not available or is insufficient to establish incapacity. This examination, when requested, shall be completed by a licensed or certified physician, physician's assistant, nurse practitioner, psychologist, optometrist, chiropractor, or social worker-PIP.

General Authority: SDCL 28-7A-3(1)(3).

Law Implemented: SDCL 28-7A-3(1)(3).