129.31 Verification of Incapacity

Incapacity must be verified. Proof must show that the incapacity:

55 Pa. Code § 153.44(c)(1)

Substantially reduces or eliminates the parent's ability to support or care for the child and

Is expected to last at least 30 days

Proof of incapacity includes:

Documentation of eligibility for disability benefits, such as Workers' Compensation, SSI, or SSDI , due to blindness or disability

VA records

Doctor's statements

Hospital or clinic records

Psychiatric evaluation

Psychometric test results or

Other documentation from a health care professional

When the parent submits a Report of Physical/Mental Examination ( PA 586 ), incapacity is verified if one of the following is true:

Block #3 or #5 is checked

Block #4 is checked and the incapacity is expected to last 30 days or more

Block #2 is checked and the condition will substantially reduce or eliminate the ability of the parent to support or care for the child

When the parent turns in a Medical Assessment Form ( PA 635 ), incapacity is verified if:

Block #1 is checked showing that accommodations are needed for work or training and the condition will reduce or eliminate the ability of the parent to support or care for the child

Block #2 is checked showing limited ability to find and work at a job

Block #3 is checked and the incapacity is expected to last 30 days or more

Block #4 is checked

NOTE: The CAO may not require the PA 635 or PA 586 for proof of incapacity for TANF if other reputable proof is available. This statement pertains to both incapacity and Road to Economic Self-Sufficiency through Employment and Training (RESET) requirements.

At application, authorization of benefits may not be delayed beyond 30 days if the applicant cooperates to get the information. The CAO must authorize TANF for 30 days while waiting for proof of incapacity.

55 Pa. Code § 125.21(b)

The CAO must create an alert to review the deprivation before the expected end date if the verification shows that the incapacity is expected to end.

The CAO must not require additional verification when the case record already has proof of an incapacity that would not normally be expected to improve, such as emphysema or sickle cell anemia.

If verification is not available, the CAO must help the parent get proof by:

Helping the parent identify a source of verification

Requesting verification directly from a possible source, with the parent's consent

The CAO must authorize a medical examination if the parent chooses to be examined by a health care professional and a reliable free exam is unavailable.

At redetermination, the parent must give proof of the incapacity unless the record has verification that the parent's condition is not likely to improve or is not expected to improve until a later date.

Updated September 27, 2024; replacing September 21, 2012