WSR 13-24-040 PERMANENT RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed November 26, 2013, 8:09 a.m., effective January 1, 2014]
Effective Date of Rule: January 1, 2014.
Purpose: The department is creating WAC 388-478-0090 What are the monthly income limits for the aged, blind, or disabled (ABD) cash assistance and housing and essential needs (HEN) referral programs? and amending WAC 388-400-0060 Who is eligible for aged, blind, or disabled (ABD) cash assistance?, 388-449-0001 What are the disability requirements for the aged, blind, or disabled (ABD) program?, 388-449-0035 How does the department assign severity ratings to my impairment?, 388-449-0060 Sequential evaluation process step II–How does the department review medical evidence to determine if I am eligible for benefits?, and 388-449-0080 Sequential evaluation process step IV–How does the department evaluate if I am able to perform [relevant] past work?
These changes are necessary to conform to SHB 2069, Laws of 2013, which:
Citation of Existing Rules Affected by this Order: Amending WAC 388-400-0060, 388-449-0001, 388-449-0035, 388-449-0060, and 388-449-0080.
Statutory Authority for Adoption: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.100, 74.04.770, 74.62.030.
Other Authority: SHB 2069, Laws of 2013.
Adopted under notice filed as WSR 13-19-062 on September 17, 2013.
Changes Other than Editing from Proposed to Adopted Version: The only change to the adopted version is a corrected WAC number. WAC 388-478-0009 What are the monthly income limits for the aged, blind, or disabled (ABD) cash assistance and housing and essential needs (HEN) referral programs? was changed to WAC 388-478-0090 in the adopted version. This change was necessary to correct a typographical error.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 6, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 6, Repealed 0.
Date Adopted: November 18, 2013.
Katherine I. Vasquez
Rules Coordinator
NEW SECTION
WAC 388-478-0090 What are the monthly income limits for the aged, blind, or disabled (ABD) cash assistance and housing and essential needs (HEN) referral program?
You must have countable income, as defined in WAC 388-450-0162, at or below the monthly income limit in order to receive aged, blind, or disabled (ABD) cash assistance or a referral to the housing and essential needs (HEN) program. (1) The ABD cash assistance and HEN referral monthly income limits for individuals with an obligation to pay shelter costs are:
(2) The ABD cash assistance and HEN referral monthly income limits for individuals with shelter provided at no cost are:
(3) The ABD cash assistance and HEN referral monthly income limits for individuals in medical institutions and group living facilities are:
AMENDATORY SECTION (Amending WSR 12-10-042, filed 4/27/12, effective 6/1/12)
WAC 388-400-0060 Who is eligible for aged, blind or disabled (ABD) cash assistance?
(1) Effective November 1, 2011, you are eligible for aged, blind, or disabled (ABD) cash benefits if you: (a) Are: (i) At least sixty-five years old; (ii) Blind as defined by the Social Security Administration (SSA); or (iii) Likely to be disabled as defined in WAC 388-449-0001 through 388-449-0100; and (b) Are at least eighteen years old or, if under eighteen, a member of a married couple; (c) Are in financial need according to ABD cash income and resource rules in chapters 388-450, 388-470 and 388-488 WAC. We determine who is in your assistance unit according to WAC 388-408-0060; (d) Have countable income, as defined in WAC 388-450-0162, at or below the monthly income limits defined in WAC 388-478-0090. (e) Meet the citizenship/alien status requirements under WAC 388-424-0015; (((e))) (f) Provide a Social Security number as required under WAC 388-476-0005; (((f))) (g) Reside in the state of Washington as required under WAC 388-468-0005; (((g))) (h) Sign an interim assistance reimbursement authorization agreeing to repay the monetary value of general assistance, disability lifeline, or aged blind or disabled benefits subsequently duplicated by supplemental security income benefits as described under WAC 388-449-0200, 388-449-0210 and 388-474-0020; (((h))) (i) Report changes of circumstances as required under WAC 388-418-0005; and (((i))) (j) Complete a mid-certification review and provide proof of any changes as required under WAC 388-418-0011. (2) You aren't eligible for aged, blind, or disabled cash benefits if you: (a) Are eligible for temporary assistance for needy families (TANF) benefits; (b) Are eligible for state family assistance (SFA) benefits; (c) Refuse or fail to meet a TANF or SFA eligibility rule; (d) Refuse or fail to pursue federal aid assistance, including but not limited to medicaid, without good cause. (e) Refuse or fail to participate in drug or alcohol treatment as required in WAC 388-449-0220 without good cause; (((e))) (f) Refuse or fail to follow through with the SSI application as required in WAC 388-449-0200 without good cause; (((f))) (g) Refuse or fail to participate in vocational rehabilitation services as required in WAC 388-449-0225 without good cause; (((g))) (h) Are eligible for supplemental security income (SSI) benefits; (((h))) (i) Are an ineligible spouse of an SSI recipient; or (((i))) (j) Failed to follow a Social Security Administration (SSA) program rule or application requirement and SSA denied or terminated your benefits. (3) If you reside in a public institution and meet all other requirements, your eligibility for ABD cash depends on the type of institution. A "public institution" is an institution that is supported by public funds, and a governmental unit either is responsible for it or exercises administrative control over it. (a) You may be eligible for ABD cash if you are: (i) A patient in a public medical institution; or (ii) A patient in a public mental institution and: (A) Sixty-five years of age or older; or (B) Twenty years of age or younger. (4) You aren't eligible for ABD cash when you are in the custody of or confined in a public institution such as a state penitentiary or county jail including placement: (a) In a work release program; or (b) Outside of the institution including home detention.
AMENDATORY SECTION (Amending WSR 12-10-042, filed 4/27/12, effective 6/1/12)
WAC 388-449-0001 What are the disability requirements for the aged, blind, or disabled (ABD) program?
(1) For the purposes of this chapter, the following definitions apply: (a) "We" and "us" refer to the department of social and health services. (b) "You" means the applicant or recipient. (c) "Disabled" ((is defined by the Social Security Administration for supplemental security income (SSI) as)) means the inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) which ((can be expected to result in death or which)) has lasted or can be expected to last for a continuous period of not less than ((twelve)) nine months with available treatment or result in death. (d) "Physical impairment" means a diagnosable physical illness. (e) "Mental impairment" means a diagnosable mental disorder. We exclude any diagnosis of or related to alcohol or drug abuse or addiction. (2) We determine if you are likely to be disabled when: (a) You apply for ABD cash benefits; (b) You become employed; (c) You obtain work skills by completing a training program; or (d) We receive new information that indicates you may be employable. (3) We determine you are likely to be disabled if: (a) You are determined to meet SSA disability criteria by the Social Security Administration (SSA); (b) You are determined to meet SSA disability criteria by disability determination services (DDDS) based on the most recent DDDS determination; (c) The Social Security Administration (SSA) stops your supplemental security income (SSI) payments solely because you are not a citizen; (d) You are eligible for long-term care services from aging and ((disability services)) long-term support administration for a medical condition that is expected to last ((twelve)) nine months or more or result in death; or (e) You are approved through the sequential evaluation process (SEP) defined in WAC 388-449-0005 through 388-449-0100. The SEP is the sequence of five steps. Step 1 considers whether you are currently working. Steps 2 and 3 consider medical evidence and whether you are likely to meet or equal a listed impairment under Social Security's rules. Steps 4 and 5 consider your residual functional capacity and vocational factors such as age, education, and work experience in order to determine your ability to do your past work or other work. (4) If you have a physical or mental impairment and you are impaired by alcohol or drug addiction and do not meet the other disability criteria in subsection (2)(a) through (d) above, we decide if you are eligible for ABD cash by applying the sequential evaluation process described in WAC 388-449-0005 through 388-449-0100. You aren't eligible for ABD cash benefits if you are disabled primarily because of alcoholism or drug addiction. (5) In determining disability, 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, and other physical functions (including manipulative or postural functions such as pushing, pulling, reaching, handling, stooping, or crouching), seeing, hearing, communicating, remembering, understanding and following instructions, responding appropriately to supervisors and coworkers, tolerating the pressures of a work setting, maintaining appropriate behavior, and adapting to changes in a routine work setting. (6) We determine you are not likely to meet SSI disability criteria if SSA denied your application for SSI or Social Security Disability Insurance (SSDI) based on disability in the last twelve months unless: (a) You file a timely appeal with SSA; (b) SSA decides you have good cause for a late appeal; or (c) You give us medical evidence of a potentially disabling condition that SSA did not consider or medical evidence confirming your condition has deteriorated.
AMENDATORY SECTION (Amending WSR 12-10-042, filed 4/27/12, effective 6/1/12)
WAC 388-449-0035 How does the department assign severity ratings to my impairment?
(1) "Severity rating" is a rating of the extent of your impairment and how it impacts your ability to perform basic work activities. The following chart provides a description of limitations on work activities and the severity ratings assigned to each.
(2) We use the description of how your condition impairs your ability to perform work activities given by the acceptable medical source or your treating provider, and review other evidence you provide, to establish severity ratings when the impairments are supported by, and consistent with, the objective medical evidence. (3) A contracted doctor reviews your medical evidence and the ratings assigned to your impairment when: (a) The medical evidence indicates functional limitations consistent with at least a moderate physical or mental health impairment; (b) Your impairment has lasted or is expected to last, ((twelve)) nine months or more with available medical treatment; and (c) You are not an active ABD recipient previously determined likely to be disabled as defined in WAC 388-449-0010 through 388-449-0100. (4) The contracted doctor reviews your medical evidence, severity rating, and functional assessment to determine whether: (a) The Medical evidence is objective and sufficient to support the findings of the provider; (b) The description of the impairment(s) is supported by the medical evidence; and (c) The severity rating, duration, and assessment of functional limitations assigned by DSHS are consistent with the medical evidence. (5) If the medical provider's description of your impairment(s) is not consistent with the objective evidence, we will: (a) Assign a severity rating, duration, and functional limitations consistent with the objective medical evidence; and (b) Clearly describe why we rejected the medical evidence provider's opinion; and (c) Identify the medical evidence used to make the determination.
AMENDATORY SECTION (Amending WSR 12-10-042, filed 4/27/12, effective 6/1/12)
WAC 388-449-0060 Sequential evaluation process step II—How does the department review medical evidence to determine if I am eligible for benefits?
When we receive your medical evidence, we review it to determine if it is sufficient to decide whether your circumstances meet disability requirements. (1) We require written medical evidence to determine disability. The medical evidence must: (a) Contain sufficient information as described under WAC 388-449-0015; (b) Be written by an acceptable medical source or treating provider described in WAC 388-449-0010; (c) Document the existence of a potentially disabling condition by an acceptable medical source described in WAC 388-449-0010; and (d) Document the impairment has lasted or is expected to last ((twelve)) nine continuous months or more with available treatment, or result in death. (2) If the information received isn't clear, we may require more information before we determine whether you meet ABD disability requirements. As examples, we may require you to get more medical tests or be examined by a medical specialist. (3) We deny disability if: (a) We don't have evidence that your impairment is of at least moderate severity as defined in WAC 388-449-0035, 388-449-0040, 388-449-0045, or 388-449-0050; (b) Your impairment hasn't lasted or isn't expected to last ((twelve)) nine or more months with available treatment or result in death; or (c) We have evidence drug or alcohol abuse or addiction is material to your impairment(s).
AMENDATORY SECTION (Amending WSR 12-10-042, filed 4/27/12, effective 6/1/12)
WAC 388-449-0080 Sequential evaluation process step IV—How does the department evaluate if I am able to perform relevant past work?
(1) If we neither deny disability at Step 1 or 2 nor approve it at Step 3, we consider our assessment of your physical and/or mental functional capacity, per WAC 388-449-0020 and 388-449-0030, to determine if you can do work you have done in the past. (2) We evaluate your work experience to determine if you have relevant past work and transferable skills. "Relevant past work" means work: (a) Defined as substantial gainful activity per WAC 388-449-0005; (b) You have performed in the past ((fifteen)) ten years; and (c) You performed long enough to acquire the knowledge and skills necessary to continue performing the job. You must meet the specific vocational preparation level as defined in Appendix C of the Dictionary of Occupational Titles. (3) For each relevant past work situation, we compare: (a) The exertional, nonexertional, and skill requirements of the job based on the Appendix C of the Dictionary of Occupational Titles; and (b) Current cognitive, social, exertional, and nonexertional factors that significantly limit your ability to perform past work. (4) We deny disability when we determine that you are able to perform any of your relevant past work. (5) We approve disability when you are fifty-five years of age or older and don't have the physical, cognitive, or social ability to perform past work.
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