Exemptions - Disability

An individual who has a disability that is expected to last at least 30 calendar days and that significantly impairs his or her ability to be regularly employed or participate in WTW activities is exempt from participation in welfare-to-work activities. This exemption is a TOA exemption, and when individual is receiving SSP benefits, IHSS, SDI, or Worker’s Compensation TDI benefits, the exemption is an extender.

To qualify for this exemption the individual will:

1. 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

2. Actively seek appropriate medical treatment.

Note: 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.

Granting CalWORKs Disability Exemptions

If the client’s condition impaired his or her ability to be employed or participate in WTW activities and the client provides verification that they were actively seeking treatment prior to the exemption request date, the exemption must be reviewed for retroactive eligibility for the months that verification is provided. If there is a delay in granting the exemption due to reasons outside of the client’s control (delay on the part of the doctor to provide the necessary information or County error) and during the delay the client’s condition impaired his or her ability to participate in WTW activities, at the time all proper verification is submitted, retroactivity must also be applied based on the date the client began treatment for the disability. In these situations, the client’s CalWORKs 60-month time limit must be adjusted accordingly.

If the client was given the required forms for verification and the appropriate timelines to return them to the worker, but verification was not provided, a retroactive exemption does not apply.

Refer to “Request For Retroactive Disability Exemption.”

Authorization to Release Medical Information” (CW 61)

The CW 61 is used by ECs to determine if a client has a medical condition that would exempt him/her from CWES activities or limit his/her participation. The EC will complete the “county use” section of the CW 61 and check the box indicating which type of provider must complete the form. The requirement on who can complete the CW 61 depends on whether the information is being used to determine incapacity deprivation (EW does this) or exempt a client from CWES participation.

The client completes Section 1 of the CW 61. Sections 2 and 3 are completed by the provider. The EC must check the appropriate box at the top of Section 2 to indicate the questions the provider must answer.

Exempt-Volunteer

When an individual has a current medical exemption and wants to participate in WTW as an Exempt-Volunteer, the individual must receive medical clearance from the medical provider by submitting an updated medical report that describes restrictions, conditions, or any other information to assist the EC in assigning an appropriate activity.

"Physical Capacities” (CW 61A) and “Mental Capacities” (CW 61B)

The CW 61A and CW 61B are used as supplements to the CW 61 to obtain additional information on the client’s physical and mental condition when the provider has indicated client can participate but has limitations. These forms will be used to determine if a client needs modification of CWES activities.

The CW 61A and CW 61B will ONLY be used by the AC and CEW.

Note: Some counties have encountered problems with providers charging a fee for completing the CW 61 form(s). If a provider charges an additional fee for completing the document, Medi-Cal will pay for this cost IF done by a Medi-Cal provider.

Expiration of a Prior Medical Verification

A client who is participating or exempt from CWES activities but has a medical condition limiting the type of activity he/she may perform, must obtain a current medical report if he/she claims the medical condition still exists. Medical reports may be renewed by the client’s own medical provider. Reports should be submitted prior to expiration.