Page 1161

West Virginia Income Maintenance Manual Chapter 13

West Virginia Income Maintenance Manual Page 8 Chapter 13 Determining Disability, Incapacity, and Blindness

13.4.2.B DFA-20 Disability cases that have been pending longer than 90 days must receive a DFA-20 by the 100th day stating the reason for the delay. A copy of the DFA-20 must be filed in the case record if not issued out of the eligibility system. 13.4.2.C Holcomb Log Sheet As a result of Holcomb v. Lewis, the processing of SSI-Related disability applications was tracked using the Holcomb Log Sheet. Effective October 1, 1995, the Holcomb Log Sheet is no longer required by the court order. Its use is optional. 13.4.3 INCAPACITY FOR WV WORKS For WV WORKS purposes, a determination of incapacity must be made to determine if an individual may have good cause for failure to participate in countable activities. The decision is made by the Worker and/or Supervisor, at the discretion of the Community Services Manager or the MRT, depending on the length of the expected incapacity. The Worker must provide the applicant with Form DFA-DIMA-1 to be completed by his medical provider. If the incapacity is obvious and not expected to continue for an extended period, no medical verification is required, but the Worker must record his findings and justify his decision. For any period of disability or incapacity that is expected to continue for more than a six-month period, the case must be submitted to the MRT for evaluation. If the incapacity is not obvious, verification must be provided from a physician, licensed or certified psychologist, surgeon, doctor of osteopathy, or other medically qualified individual. The verification must include an estimate of the duration of the incapacity. The medical practitioner is not required to state that the individual must be excused from participation. The Worker and/or Supervisor make this decision, based on medical records submitted and any necessary follow- up contact, but the period must not last longer than six months. The medical condition must be reevaluated according to the statement of the medical practitioner or as determined by the MRT. However, each individual who has good cause for