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Division/Section Family Support Chapter No./Name 04 – Economic Stability (ES) Part No./Name C – Case Processing Section No./Name C-1500 FITAP Incapacity Determination/SNAP Disability Document No./Name C-1510-FITAP Incapacity Determination Effective Date January 1, 2019
1 of 4 I. STATEMENT OF POLICY
To be determined incapacitated, a person must have a medically determined physical or mental illness or impairment.
The incapacity shall be:
● supported by competent medical evidence,
● of such a debilitating nature as to substantially reduce or eliminate the parent’s ability to support or care for the child, and
● expected to last for at least 30 days.
In making the determination of ability to support the child, the limited employment opportunities of disabled individuals shall be taken into account.
The incapacity decision is based primarily upon socioeconomic and medical information. The client’s age, education, work experience, vocational training and other social factors are evaluated to determine the level of work the person can perform.
Amputations, asthma, diabetes, epilepsy, fractures, hemorrhoids, hernia, menopausal syndrome, mental deficiency, obesity, post-surgical complications, psychoneurosis, uterine fibroids, and varicose veins are not considered incapacitating unless:
● approval is for a temporary period for treatment and rehabilitation, or
● the condition cannot be corrected by treatment without undue risk to the client, or
● the client cannot engage in a useful occupation because of the impairment.
Refer the client for SSI and Louisiana Rehabilitation Services (LRS) if the incapacity warrants referral and is expected to last at least six months. Use form SSI3 when referring to SSI. Indicate on form OFS 90S when the referral was made.
Establish incapacity in one of the following ways:
● Receipt of RSDI based on disability of the person,
● Local office decision, or
● Incapacity decision by the FITAP/STEP Program Consultant.