WSR 10-21-001

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed October 6, 2010, 3:03 p.m. , effective November 6, 2010 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The department is amending WAC 388-448-0010 to correct a typographical error. The word "not" is missing a "t."

As drafted WAC 388-448-0010(4) reads: If you have a physical or mental impairment and you are impaired by alcohol or drug addiction and do no meet the other incapacity criteria in WAC 388-448-0001, ...

The typo correction should read: If you have a physical or mental impairment and you are impaired by alcohol or drug addiction and do not meet the other incapacity criteria in WAC 388-448-0001, ...

Citation of Existing Rules Affected by this Order: Amending WAC 388-448-0010.

Statutory Authority for Adoption: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.51 [74.04.510], 74.08.090, 74.08A.100, and 74.04.770.

Other Authority: RCW 74.04.0005 [74.04.005], E2SHB 2782, chapter 8, Laws of 2010, as signed by the governor on March 29, 2010.

Adopted under notice filed as WSR 10-13-147 on June 23, 2010.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2 [0], Amended 6 [1], Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2 [0], Amended 6 [1], Repealed 0.

Date Adopted: August 5, 2010.

Katherine I. Vasquez

Rules Coordinator

4226.1
AMENDATORY SECTION(Amending WSR 04-07-140, filed 3/22/04, effective 5/1/04)

WAC 388-448-0010   How do we decide if you are incapacitated?   When you apply for ((GA)) disability lifeline program benefits, you must provide medical evidence to us to show that you are unable to work.

If you are gainfully employed at the time of your application for ((GA)) DL, we deny incapacity. "Gainful employment" means you are performing, in a regular and predictable manner, an activity usually done for pay or profit.

(1) We ((do not)) don't consider work to be gainful employment when you are working:

(a) Under special conditions that go beyond the employer providing reasonable accommodation, such as in a sheltered workshop we have approved; or

(b) Occasionally or part-time because your impairment limits the hours you are able to work compared to unimpaired workers in the same job as verified by your employer.

(2) We ((decide)) determine if you are incapacitated when:

(a) You apply for ((GA)) disability lifeline benefits((. We may waive this decision if we use the criteria in WAC 388-448-0001 except the PEP to determine you are incapacitated));

(b) You become employed;

(c) You obtain work skills by completing a training program; or

(d) We ((get)) receive new information that indicates you may be employable.

(3) Unless you meet the other incapacity criteria in WAC 388-448-0001, we decide incapacity by applying the progressive evaluation process (PEP) to the medical evidence that you provide that meets WAC 388-448-0030. The PEP is the sequence of seven steps described in WAC 388-448-0035 through 388-448-0110.

(4) ((You are not eligible for GA benefits if you are incapacitated only because of alcoholism or drug addiction. )) If you have a physical or mental impairment and you are impaired by alcohol or drug addiction and do not meet the other incapacity criteria in WAC 388-448-0001, we decide if you are eligible for ((general assistance)) disability lifeline by applying the progressive evaluation process described in WAC 388-448-0035 through WAC 388-448-0110. ((If you qualify for both GA and the ADATSA Shelter program, you may choose either program.)) You aren't eligible for DL benefits if you are incapacitated primarily because of alcoholism or drug addiction.

(5) In determining incapacity, we consider only your ability to perform basic work-related activities. "Basic work-related activities" are activities that anyone would be required to perform in a work setting. They consist of: Sitting, standing, walking, lifting, carrying, handling, seeing, hearing, communicating, and understanding and following instructions.

[Statutory Authority: RCW 74.08.090, 74.04.005, and 2003 1st sp.s. c 10. 04-07-140, 388-448-0010, filed 3/22/04, effective 5/1/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 00-16-113, 388-448-0010, filed 8/2/00, effective 9/1/00.]

Washington State Code Reviser's Office