DENIAL AND DISCONTINUATION RELATED TO DISABILITY

A. Following the policies outlined in Section 3.554, the county department shall deny or discontinue AND-SO assistance when: 1. There was an error in the prior disability determination. The county department shall gather more information on the discrepancies before taking a negative action on the case; or, 2. There has been improvement in the client's medical condition and the client is no longer totally disabled, as defined in Section 3.540.1. Improvement may be demonstrated by: a. Observations, symptoms, or other findings which demonstrate positive changes in the client's medical condition; or, b. Observations, symptoms, or other findings which demonstrate that the effect of the medical impairment(s) on the client has decreased. c. New medical evidence which shows that while the client's underlying condition may not have changed, advances in medical therapy or technology have reduced or eliminated the adverse effect of the condition on the client; or, d. New or improved diagnostic techniques or other medical evaluations show that the client's previously determined medical condition is not as serious as previously indicated; or, e. There has been a change in prognosis; or, f. The client has compensated or adjusted to the medical condition which now enables the client to engage in SGA; or, g. The client's medical condition is correctable and the client refuses, without good cause, to obtain prescribed medical treatment to correct the condition. Good cause may include, but is not limited to: 1) Treatment is contrary to the established teachings of the client's religion, provided the client can establish he or she observes his or her religion; or, 2) Surgery has previously been performed with unsuccessful results and the same surgery is again being recommended for the same impairment; or, 3) The treatment because of its magnitude (e.g., open heart surgery or organ transplant that has less than a 50% chance of improving the client's condition) or unusual nature (e.g., experimental procedures) is very risky; or, 4) The cost of treatment is prohibitive or cannot be obtained; or, 3. There has been improvement in the client's residual functional capacity and the client is not totally disabled, as defined in Section 3.540.1. Improvement may be demonstrated by: a. Observations, symptoms, or other findings which demonstrate positive changes in the client's residual functional capacity; or, b. Observations, symptoms, or other findings which demonstrate that the effect of the social factors impacting residual functional capacity on the client has decreased; or, c. New evidence shows that while the client's underlying condition may not have changed, the client's vocational abilities and/or residual functional capacity has so improved that the client is able to engage in SGA; or, d. Vocational opportunities for which the client has competence have become available in the community; or, e. The client has compensated or adjusted to the social factors impacting residual functional capacity and the client is able to engage in SGA; or, f. Residual functional capacity is not a barrier to employment in some type of employment that exists in the community. B. If the county department has documented evidence that a client is working and receiving income exceeding the AND-SO grant standard after applicable disregards as an employee, engaged in self-employment, or donating services or work hours without pay as defined in Section 3.520.784, the county department shall deny or discontinue the client from AND-SO grant payments following the policies outlined in Section 3.554.