Incapacity - Criteria for GAU
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Incapacity - Criteria for GAU

Revised October 21, 2009

Purpose: A person must be unable to work due to a mental or physical impairment to meet incapacity criteria for GA-U. Incapacity due to chemical dependency is a condition of eligibility for ADATSA.
WAC 388-448-0001What are the incapacity requirements for general assistance?

WAC 388-448-0001
WAC 388-448-0001

Effective May 1, 2004

WAC 388-448-0001 What are the incapacity requirements for general assistance?

For the purposes of this chapter, "we" and "us" refer to the department of social and health services. "You" means the applicant or recipient. "GA" means the general assistance program. For you to receive general assistance (GA) program benefits, we must determine you are incapacitated.

"Incapacitated" means that you cannot be gainfully employed as a result of a physical or mental impairment that is expected to continue for at least ninety days from the date you apply.

"Physical impairment" means a diagnosable physical illness. "Mental impairment" means a diagnosable mental disorder. We exclude any diagnosis of or related to alcohol or drug abuse or addiction.

  1. We determine you are incapacitated if you are: 

    1. Eligible for payments based on Social Security Administration (SSA) disability criteria;

    2. Eligible for services from the division of developmental disabilities (DDD);

    3. Diagnosed as having mental retardation based on a full scale score of seventy or lower on the Wechsler adult intelligence scale (WAIS);

    4. At least sixty-four years old and seven months;

    5. Eligible for long-term care services from aging and disability services administration; or

    6. Approved through the progressive evaluation process (PEP).

  2. We consider you to be incapacitated for ninety days after:

    1. You are released from inpatient treatment for a mental impairment if:

      1. The release from inpatient treatment was not against medical advice; and

      2. There is no break in your participation between inpatient and outpatient treatment of your mental impairment.

    2. You are released from a medical institution where you received long-term care services from the aging and disability services administration.

    3. The Social Security Administration stops your Supplemental Security Income payments because you are not a citizen.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

CLARIFYING INFORMATION

Social workers are responsible for determining incapacity for general assistance.

WORKER RESPONSIBILITIES

  1. Refer GAU applicants to the ISW when the person claims they have a physical or psychological impairment preventing them from working. These cases require an Incapacity Decision by the ISW. If the person does not meet the criteria of WAC(1)(a)t through (e) or 2(a) the social worker will determine incapacity using the Progressive Evaluation Process (PEP). The person should complete the DSHS 14-050, Statement of Health, Education, and Employment either electronically with the ISW or as a paper form given to the person to complete and return.

Referral to the ISW includes:

    1. Application date,
    2. Any medical records,
    3. Information about unpaid medical bills,
    4. Date of SSI application, and
    5. Information about active medical coverage.
  2. The ISW follows the PEP Process in the Social Services Manual.
  3.  Clients applying for or receiving long-term care services from Home and Community Services (HCS) or the Division of Developmental Disabilities (DDD) are assessed by social workers at those administrations. Refer GAU applicants to the HCS or DDD social worker for a functional assessment.

Employment

When an incapacitated person becomes employed, the FSS determines if the person remains financially eligible. If the person is no longer financially eligible, the FSS terminates assistance and informs the ISW of the termination.

If the person is still financially eligible, the FSS contacts the ISW to determine if the person is gainfully employed. The ISW will inform the FSS of their decision.



Chemical Dependency

Refer a person who claims incapacity due to chemical dependency to the ISW using DSHS 14-299(X), ADATSA Referral Form (see CHEMICAL DEPENDENCY TREATMENT).

ACES PROCEDURES

Applications

See General Assistance - Cash - New Opening

Program Change From GAU To GAX

See General Assistance - Cash - Program Change

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Modification Date: October 21, 2009
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