Unemployable Overview

Program Status Classification - [GA 210]

The Agency shall classify recipients who are incapable of engaging in gainful employment because of a physical and/or mental condition as “unemployable.” The Agency shall classify all other recipients as “employable.” For purposes of these policies, “able to work” shall mean the same as “employable.” “Unable to work” shall mean the same as “unemployable.”

Unemployable Categories

Applicants/recipients may be classified as “unemployable” if they fall under the following categories:

Physically/mentally disabled.
Under conservatorship.
Required to care for a severely disabled family member.
Residing in a Residential Treatment Program, or
A determination is made by the EW, or the EC, that the individual meets the unemployable criteria.

Physically/Mentally Disabled

Those applicants/recipients who have acceptable verification of a physical, or a mental disability, are considered to be “unemployable.”

Applicants/recipients whose disability is expected to last at least 12 months, MUST apply for SSI, and they must meet all requirements for GA, under the IAP Refer to IAR.

Note: When a recipient has provided consecutive SCD 1400s, for periods of less than 12 months each, but in aggregate total 12 months or more, the recipient must be referred to the SSI Advocacy Unit.

A re-assessment must be completed at the end of the exemption date or other medical verification can be provided. The EW must review prior SCD 1400s. When disability is expected to last at least 12 months the recipient must be re-assessed to provide updated Medical information when the 12 months on the “General Assistance Program - Request for Medical Information” (SCD 1400) exemption is expired.

Presumptively Unemployable

Those applicants/recipients who indicate that they have a physical or mental disability which prevents them from working, BUT have no verification, will be considered to be “presumptively unemployable” while waiting for the medical verification.

These individuals are classified as “unemployable” for a MAXIMUM PERIOD OF 60 DAYS. Refer to Medical Verification.

If an applicant's previous discontinuance was for “failure to provide medical verification,” then the applicant must be given the option of:

Providing the medical verification before eligibility can be cleared, or
Being considered employable, and subject to all employable requirements.

Under Conservatorship

Those applicants/recipients who are not legally responsible for their own affairs, and have had a legal conservator appointed, will be considered “unemployable.” The applicant’s/recipient's conservator is the clients legal representative. If an application for GA is being filed, the conservator (NOT the client) MUST be the one to complete and sign the application.

Note: Persons who are conserved ONLY for their personal welfare, and not to their financial welfare, may apply on their own behalf. Refer to PAGC.

Care for the Severely Disabled

Employable persons who are needed in the home to care for an ill, or incapacitated member of the immediate family, may be classified as “unemployable,” if the following criteria is met:

Verification of the disability of the family member.
A statement from the principal treating phsyician which indicates that in-home supervision, and care, are required for the disabled family member. This statement must indicate the length of time (in months) that the in-home care will be required. The "General Assistance Program - Request for Medical Information" (SCD 1400), may be used to obtain the necessary medical documentation.

Note: The EW must advise the client to contact In-Home Supportive Services (IHSS) at 408-792-1600 to get information on becoming a paid IHSS provider for their family member (this would also require that the incapacitated family member applies for IHSS if they don't already have it).

Residential Treatment

Applicants/recipients who are residing in State Licensed Residential Care Facilities, and Alliance for Community Care Mental Health Facilities will be considered “Unemployable,” provided that certain conditions are met.

Reminder: All applicants/recipients who reside in residential care facilities must provide a “General Assistance - Request for Medical Information” (SCD 1400). The doctor must indicate on the SCD 1400 that the applicant/recipient needs to have care and supervision in the facility. Refer to Special Programs chapter.

Aged Applicants

Aged applicants/recipients are those individuals who are over 65 years of age. These persons will NOT, be presumed to be unemployable on the basis of their age. They MUST meet the unemployable criteria.

Note: These persons must also apply for SSI, and must meet all requirements for GA under the IAP.

There is no restriction for unemployable applicants, or recipients, who are attending a school or a training program.

Note: If otherwise eligible, unemployable applicants can receive GA, even though their spouse is ineligible due to student status.

Unemployable Students

Applicants/recipients who are classified as unemployable, are not subject to the student restriction, provided that, their medical verification indicates the applicant/recipient will be unable to work for at least three months.

Student Income

Student income is received in lump sum payments or monthly payments. It may be received at the beginning of the school year, a month or two into the school year or even later. Sometimes the student’s award amount is increased after the school term begins.

Income received less often than monthly must be averaged over the period which it is intended to cover.

An unemployable client is not subject to the student restriction, provided that, their medical verification indicates the applicant/recipient will be unable to work for at least three months. Therefore, grants, scholarships, fellowships, veteran’s benefits, and loans are sometimes paid directly to the school, not to the student. This money is legally obligated to the student once it is awarded. It must be counted as unearned income and averaged over the “school term”, after subtracting educational expenses.

If otherwise eligible unemployable GA client could be potentially eligible for GA depending on the amount of loan and after calculating the monthly amount for the duration of the school term.

GA unemployable clients who receive lump sum educational grants, loans, scholarships, fellowships, stipends, and veterans’s benefits are calculated as follows for the duration of the school term. For example calculating a “BOGG of $1500 for fall semester received in one lump payment in October:

$200 Tuition,
$800 books,
$1500 minus $1000 exempt expenses = $500 net student income divided by 10 months in the school year (August and May each count as a full month, even though the term does not extend through the entire month.)
$500 divided by 10 months = $50 a month.

Reminder: Prospectively budget the averaged amount following PB rules.

Monthly student income from the same source is not averaged, only the educational expenses must be averaged and subtracted from the monthly income. Averaged expenses may not be deducted for a period of months longer than they were intended to cover.

Request to Seek Other Means of Support [GA 202]

An applicant or recipient shall take all necessary and reasonable steps to obtain any resource or benefit for which they qualify or are entitled, including but not limited to the following:

SSI
SSA
CalWORKS
VA
Workers Compensation
UIB
DIB

Any person who is eligible for a federal/state cash aid program, other than a guaranteed or universal basic income program, shall not be eligible for aid under the General Assistance program.

To the extent that such resources or benefits, other than a federal/state cash aid program, are available, they shall be considered to be income; to the extent that such resources or benefits will become available in the future, they shall be considered to be income as of the date of availability.

Requirement to Apply for Disability Benefits

A General Assistance recipient who has been determined to be disabled or unemployable by a physician due to a health situation or a condition that will last for 12 months or longer or is terminal is REQUIRED to apply for Supplemental Security Income (SSI) from the Social Security Administration.

If the client worked and paid FICA taxes for at least 20 of the 40 quarters prior to the onset of disability, the recipient is also required to apply for Title II (SSDI), Title XVI (SSI) or both.

In order to meet the SSI disability requirement, a client must be unable to engage in any substantial gainful activity by reason of a medically determined physical or mental impairment which can be expected to last for a continuous period of not less than 12 months or that will result in death.

Important: The SSI Advocacy Program is available to assist clients in the SSI application and appeals processes. [Refer to SSI Advocacy Program and Referrals to SSI Advocacy].

Requirement to file a timely Appeal with Social Security if SSI Application is Denied

If application for SSI is denied, GA benefits will be discontinued if the recipient (or the SSI Advocacy Unit on behalf of the client) fails to file either a timely:

Appeal with the Social Security Administration, or
Waiver (based on good cause) of the time limit.

The client will remain ineligible for GA until cooperation is achieved with all aspects of the SSI application process, including all necessary medical examinations.

GA may not be discontinued for the above reason unless it can be proven that the client was aware of their responsibility to file an appeal. The client's signature on the "General Assistance Program - Rights and Responsiblities" (GA 14) form is sufficient evidence that the recipient understood his/her responsibilities.

The only time that the SSI Advocacy Social Worker would not file an appeal is when he/she:

Receives notification of a denial too late to file an appeal within the required time limit, or
Determines the appeal to be inappropriate.