Exemption Based on Disability

[EAS 42-712.44]

Disabled

An individual, who has a disability that is expected to last at least 30 calendar days that significantly impairs his or her ability to be regularly employed or participate in welfare-to-work activities, is exempt from participation in WTW activities. This exemption is a time on aid exemption. To qualify for this exemption the individual shall:

Provide verification from a licensed practitioner of:
1. The disability,
2. The expected duration of the disability, and
3. The extent to which the disability impairs employment and/or participation in self-sufficiency activities; AND
Is actively seek appropriate medical treatment.

Note: A disability exemption based upon postpartum recovery is only available if the client has complications with the delivery, i.e. a cesarean, etc. If the client experiences a normal delivery, the client must be given the appropriate “care of a child” exemption. A disability exemption based upon postpartum recovery is not available to a Cal-Learn pregnant or custodial teen parent.

If a client cannot participate the full 20/30/35 hours per week because of a disability, he/she is exempt. There are no partial exemptions.

Definition of Doctor/Health Care Professional

Per CDSS, a doctor is defined as a health care professional who is licensed by a state to diagnose/treat physical and mental impairments that can affect an individual's ability to work or participate in WTW activities. A licensed health care professional includes, but is not limited to:

Doctors of medicine, osteopathy, chiropractic and
Licensed/certified psychologists.

Note: A staff member for a doctor/health care professional who has access to the patient’s medical records may also complete the medical verification information.

Verification

A disability exemption may be verified by any of the following:

An award letter or written notice from Social Security is acceptable verification for this exemption when the receipt of RSDI or SSI/SSP is based upon the disability of the individual, or
An award letter or other written notice of the receipt of DIB or Worker’s Compensation are acceptable verification for the period covered by the benefit, or
A statement from the treating physician of the delivery date, the postpartum complications, and the anticipated recovery date (not applicable for Cal-Learn teen parent(s), or
A written statement from a doctor/health care professional or by a member of the staff who has access to the patient’s medical records. The medical statement must include all of the following:
- Identification of the disability,
- Onset date of the disability,
- The expected duration of the disability,
- The date of the next follow-up appointment or examination, if the disability is not considered permanent,
- The extent to which the disability impairs employment and/or participation in the self-sufficiency activities,
- The doctor’s name, address, and phone number, or
A statement that the individual has a physical or mental condition which by itself or in conjunction with age, prevents the individual from participating in self-sufficiency activities, or
A completed “Authorization to Release Medical Information” (CW 61).

Reminder: The individual must be actively seeking appropriate medical treatment to qualify for the disability exemption.

Note: The effective begin date of a disability is determined by the onset date of the condition as determined by a doctor or health care professional.

Disability Exemption Request

Requesting a disability exemption is a single process which can be done either verbally or in writing. The request can occur at application, on a Semi-Annual Report (SAR 7, Question #13), or as an informal written or verbal report to the Eligibility Worker (EW) or CalWORKs Employment Services (CWES) worker.

If the client...

Then the worker must...

Informs the worker that a disability exists that impairs his/her ability to be regularly employed or participate in WTW activities,

Document the situation in CalSAWS,
Explain to the client the types of medical verifications that are required to process the request, and
Provide the client with the “CalWORKs Exemption Request Form” (CW 2186A), “Authorization to Release Medical Information” (CW 61), and the “Physical Capabilities” and/or “Mental Capacities” (CW 61A or CW 61B) as appropriate to have completed by the client’s physician, and
Review the verification once it has been received, and
Process exemption request appropriately.

Note: If the request is for a retroactive exemption and there is a current sanction, the EW shall email the assigned CWES EC to notify.

Refer to: “Exemptions,” page 36-17 CWES Handbook for more information.

Reminder: A client may provide other verification of the disability as long as it meets the qualification for acceptable verification.

Refer to Verification for more information.

Cal-Learn

A pregnant or custodial teen parent who is disabled, unless disabled due to postpartum recovery, may be exempt from Cal-Learn. This determination is made by AFLP.

Refer this individual to the Cal-Learn program. Refer to Cal-Learn for an explanation of the Cal-Learn program.

Review

The EW must use the following chart to determine when the disability conditions must be reviewed.

IF the disability...	AND...	THEN...
Is considered permanent,	Is expected to last more than one year,	Review at the annual RD.
Is not considered permanent,	The medical verification indicates an expected duration of the condition and a follow-up appointment is indicated (either in the past or future),	Review when: The condition is to end, There is reason to believe there has been a change, or The annual RD is due.
Is not considered permanent,	The medical verification indicates an expected duration of the condition but no follow-up appointment,	Refer the client back to their doctor by providing a new CW 61 with a deadline to provide. If the client fails to provide medical verification from their doctor, review to see if the individual meets the criteria for any other exemption. If no exemption criteria is met, then the client is required to be registered with CWES.