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 and that significantly impairs their ability to be regularly employed or participate in WTW activities is exempt from participation in WTW activities. This exemption is a TOA exemption, and when the individual is receiving SSP, IHSS, SSDI, or Worker’s Compensation TDI, it is an extender.

To qualify for this exemption, the individual must:

Provide a completed Authorization to Release Medical Information (CW 61), or
Provide verification from a licensed practitioner of:
- The disability,
- The expected duration of the disability, and
- The extent to which the disability impairs employment and/or participation in self-sufficiency activities,

AND

Actively seek appropriate medical treatment.

Note: If a client cannot participate in the full 20/30/35 hours per week because of a disability, they are exempt. There are no partial exemptions.

Postpartum Recovery

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.

Voluntary Participation

Individuals with disabilities who are exempt from participation in WTW activities must be informed of the option to voluntarily participate in WTW activities and receive all necessary supportive and ancillary services to participate. This ensures they have an equal opportunity to participate in and benefit from WTW activities. Many participants with disabilities are capable of participating in productive work activities and are entitled to the opportunity to become self-sufficient through work.

These individuals must be provided with any reasonable accommodations they need to enable them to participate in WTW activities, such as modifying the number of hours and types of WTW activities required.

Refer to Common Place Handbook topics Services to People with Disabilities and Special Accommodations for more information.

Important: Individuals who have a current medical exemption and want to participate in WTW as an Exempt-Volunteer must receive medical clearance from a medical provider. Refer to CWES Handbook Exemptions - Disability for more information.

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.

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.

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), or as an informal written or verbal report to the Eligibility Worker (EW) or CalWORKs Employment Services (CWES) Employment Counselor (EC).

If the client...

Then the worker must...

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

Document the situation in CalSAWS.
Explain to the client the types of medical verification that are required to process the request.
Provide the client with the CalWORKs Exemption Request Form (CW 2186A), Authorization to Release Medical Information (CW 61), and the Physical Capabilities (CW 61A) and/or Mental Capacities (CW 61B) as appropriate to have completed by the client’s physician.
Review the verification once it has been received.
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 CWES Handbook Noncompliance - Exemptions 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. For an explanation of the Cal-Learn program, go to Cal-Learn.

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 redetermination (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 is scheduled,	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 criterion is met, then the client is required to be registered with CWES.