Section R6-12-204. Disability Determination

A.      When an assistance unit is requesting CA due to the mental or physical incapacity of a parent, as provided in R6-12-310(G), the Department shall verify the existence of the disability.

B.       The assistance unit shall demonstrate incapacity of a parent by providing a medical statement from a licensed physician. The statement shall include:

1.        A diagnosis of the person,

2.        A finding that the person has a physical or mental condi- tion which prevents the person from working, and

3.        An opinion concerning the duration of unemployability or a date for re-evaluation of unemployability.

C.      The local FAA office shall find disability, without further med- ical verification, when the applicant provides evidence that:

1.        The Social Security Administration (SSA) has deter- mined that the person is eligible for Retirement, Survi- vors, Disability Insurance (RSDI) benefits due to blindness or disability;

2.        The SSA has determined that the person is eligible for Supplemental Security Income (SSI) due to blindness or disability;

3.        The Veteran’s Administration has determined that the person has at least a 100% disability;

4.        The person’s physician has released the person from the hospital and imposed work restrictions for a specified recuperation period;

5.        The person’s employer or physician has required the per- son to terminate employment due to the onset of a disabil- ity and the physician has specified a recuperation period;

6.        The person’s physician has determined that the person is capable of employment only in a sheltered workshop, for a specified period of time, and the person is so employed; or

7.        A prior certification of disability is in the person’s case record and is still valid to cover the period in which assis- tance is requested and will be received.

D.      The District Medical Consultant shall determine incapacity for all persons not covered under subsections (B) or (C).

Historical Note

Adopted effective November 9, 1995 (Supp. 95-4). Amended effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp.

97-3).

Note

Editor’s Note: The following Section was amended under an exemption from the provisions of A.R.S. Title 41, Chapter 6, pur- suant to Laws 1997, Ch. 300, § 74 (A). Exemption from A.R.S. Title 41, Chapter 6 means the Department did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register; the Department did not sub- mit these rules to the Governor’s Regulatory Review Council for review and approval; and the Department was not required to hold public hearings on this Section.