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Chapter: 1460 Technical Requirements Program: RAP 41

A written statement is required from a doctor, hospital, or clinic that includes:

1. a substantiated diagnosis of the impairment preventing employment or participation; 2. how the impairment prevents employment or participation; and 3. duration and permanence of the condition.

Whenever possible, documentation of the permanent impairment or incapacity should be obtained by the individual, although the eligibility specialist may act on the individual's behalf to request such documentation. A basic medical examination may be authorized at DCF's expense no more than twice per year. The eligibility specialist, with the supervisor's assistance when necessary, decides on the presence of an incapacitating condition for E&T purposes.

A decision by the agency of incapacity for deprivation purposes or the Social Security Administration determination of disability for OASDI is acceptable. Proof of such a determination must be filed in the case record. A determination of incapacity should not be completed solely for the purpose of determining an E&T exemption.

Individuals with conditions diagnosed as "permanent" must provide documentation only once unless a question later arises as to improvement made in the condition. Individuals whose diagnosis indicates that improvement in the condition may be expected must have the exemption documented at every complete eligibility review. A partial eligibility review must be scheduled when the incapacity period is anticipated to end before the next scheduled complete eligibility review. When an individual is determined exempt under this status, a referral to Vocational Rehabilitation (VR) must be completed. VR will notify the eligibility specialist whether a referred individual has been selected or rejected for rehabilitation. The VR counselor and the eligibility specialist must cooperate to assure that the individual is referred to Regional Workforce Board (RWB) /contract provider when ready for employment.

1460.1906.05 Required Presence in the Home (RAP) Individuals are exempt if the individual's presence is required in the home due to a physical or mental impairment of another person living in the home. There must be no other person available to provide this care.

A written statement is required from a doctor, hospital, or clinic indicating:

1. the nature of the illness of the person, 2. the need for someone's presence in the home, and 3. the duration of anticipated need.

The exemption must be documented at each complete eligibility review when the illness or condition of the individual is a temporary one, or when any question arises in the interim concerning the need for the individual's presence in the home. 1460.1906.06 Temporary Illness or Injury (RAP) Individuals experiencing temporary illness or injury of less than six months duration, which is of sufficient severity to prevent participation in RAP E&T are exempt.

Verification of the illness or inquiry must be obtained. A written statement is necessary from a doctor, hospital, or clinic and must include: