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West Virginia Income Maintenance Manual Chapter 14

West Virginia Income Maintenance Manual Page 37 Chapter 14 Work Requirements

14.9.1.F.1 Establishing Disability without a Physician’s Statement When the disability is obvious to the Worker, no verification is required. The Worker must record his findings and the reason for his decision in case comments. If the disability is not obvious to the Worker, disability may be established according to other criteria below. If disability cannot be established according to this item (Section 14.9.1.F.1), see Establishing Disability With A Physician's Statement below (Section 14.9.2.F.2). • The individual receives benefits from a governmental or private source, and these benefits are based on his own illness, injury or disability. This includes, but is not limited to: Workers' Compensation, Retirement, Survivors and Disability Insurance (RSDI), Supplemental Security Income (SSI), Veteran's Administration (VA) benefits, Black Lung benefits, Medicaid (incapacity, blindness, or disability), private insurance, sickness benefits, etc. However, if any of these conditions are questionable, such as a low percentage disability for VA benefits, a physician's statement may still be required. For SSI and RSDI purposes, being certified for these benefits (approved, but not yet receiving payment withheld to repay, etc.) is the same as receiving them. • The individual is a veteran with a service-connected or non-service-connected disability, rated or paid as total, under Title 38 of the United States Code (USC). • The individual is a veteran who is considered by the VA to be in need of regular aid and attendance, or permanently housebound, under Title 38 of the USC. • The individual is a surviving spouse of a veteran and is considered by the VA to be in need of aid and attendance, or permanently housebound, under Title 38 of the USC. • The individual is a surviving child of a veteran and is considered by the VA to be permanently incapable of self-support, under Title 38 of the USC. • The individual has one of the following conditions: o Permanent loss of use of both hands, both feet or one hand and one foot; o Amputation of leg at hip; o Amputation of leg or foot because of diabetes mellitus or peripheral vascular diseases; o Total deafness, not correctable by surgery or hearing aid; o Statutory blindness, unless due to cataracts or detached retina; o IQ of 59 or less, which was established after attaining age 16; o Spinal cord or nerve root lesions resulting in paraplegia or quadriplegia;