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Initial Evaluation of Incapacity 3.11.2

Individuals referred to POWER must have a medical evaluation form completed by a physician, physician assistant, nurse practitioner, or licensed registered nurse (RN). The medical evaluation form is then submitted to the MRT which determines whether the individual meets the 'incapacitated' standard. If the MRT determines the individual incapacitated due to a substance abuse problem, the individual is referred to APRA. If the individual is determined incapacitated due to physical or mental health problems, the individual is referred to the Rehabilitation Services Administration (RSA). Either APRA or RSA designs a service and treatment plan with which the POWER recipient must comply.

Decisions of incapacity cannot exceed 12 months at any one time. There is no limit, however, on the total number of months a case can be covered under the POWER program.

If the MRT does not determine the individual incapacitated, notice of the decision must be sent to the customer using a general communication notice. The notice must explain the decision and explain that ongoing TANF benefits will continue. The notice must also inform the customer of the right to appeal the MRT decision through the administrative review/fair hearing process (see Chapter 7: Grievances and Fair Hearings in this Part).

Re-evaluation of Incapacity 3.11.3

The medical incapacity is subject to reevaluation at intervals which are specific to each recipient's circumstances. The reevaluation of incapacity/disability for purposes of POWER eligibility will be handled by the MRT. No less than 60 days prior to the end of the incapacity period, the POWER recipient must be sent a medical review packet for a redetermination of eligibility. When the applicant returns the completed medical report and social data directly to the MRT, the packet will be considered for reevaluation. S/he will remain a recipient of POWER pending the MRT reevaluation. If the recipient fails to provide the requested information, the MRT will inform the SSR who will initiate action to convert the case to TANF (see Section 3.10.4: Conversion from POWER to TANF in this Chapter).

Conversion from POWER to TANF 3.11.4

There are a number of circumstances which will prompt a conversion from a POWER grant to a TANF grant. They include:

 a determination by the MRT that the individual is no longer incapacitated;  a failure to return the medical examination and/or social information forms for reevaluation;  a failure to comply with POWER treatment and training plans without good cause (see Section 3.11.5: Failure to Comply and Section 3.11.6: Sanctions and Good Cause in this Chapter); and  recipient becoming employed.

The SSR and the MRT must share information regarding changes in circumstances that may impact the individual's POWER status. If any of these circumstances exist, the SSR must convert the POWER benefits to TANF without loss or delay of benefits. Adequate and timely notice of the decision to convert a POWER case to TANF must be given. The agency decision to convert a case from POWER to TANF can be appealed through the administrative review/fair hearing process (see Chapter 7: Grievances and Fair Hearings in this Part).