reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-444 - Basic food work requirements › Section 388-444-0025 - What support services may the basic food employment and training (BFET) program pay to help me participate?

Current through Register Vol. 24-14, July 15, 2024
The BFET program may pay certain actual expenses needed for
				  you to participate in the BFET program. The BFET program may pay for the
				  following expenses:
(1) Transportation
				related costs;
(2) Books and
				training supplies;
(3)
				Clothing;
(4) Educational or
				credential testing;
(5) Housing or
				utilities;
(6) Personal hygiene;
				or
(7) Child care or medical;
(a) Dependent care costs for each dependent
				through twelve years of age.
(b) We
				do not pay your dependent care costs if:
(i)
				The child is thirteen years of age or older unless they are:
(A) Physically and/or mentally unable to care
				for themselves; or
(B) Under court
				order requiring adult supervision; or
(C) Any member in the food assistance unit
				provides the dependent care.
(ii) We do not use the cost of dependent care
				the department pays for under subsection (1) of this section as an income
				deduction for your household's dependent care costs under WAC
				388-450-0185.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-444 - Basic food work requirements › Section 388-444-0030 - Are able-bodied adults without dependents (ABAWD) subject to additional work requirements and time limits to be eligible for basic food?

Current through Register Vol. 24-14, July 15, 2024
(1) An able-bodied
				adult without dependents (ABAWD) is a person who:
(a) Is age 18 through:
(i) 50 from September 1, 2023, to September
				30, 2023;
(ii) 52 from October 1,
				2023, to September 30, 2024;
(iii)
				54 beginning October 1, 2024; and
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-444 - Basic food work requirements › Section 388-444-0035 - Who is exempt from ABAWD time limits and minimum work requirements?

Current through Register Vol. 24-14, July 15, 2024
Some people who receive basic food are exempt from
				  able-bodied adult without dependents (ABAWD) time limits and minimum work
				  requirements. You are exempt from ABAWD time limits and work requirements under
				  WAC 388-444-0030 if you meet any one
				  or more of the following:
(1) You are
				exempt from work requirements under WAC
				388-444-0010;
(2) You are under age 18 or are age:
(a) 51 or older from September 1, 2023, to
				September 30, 2023;
(b) 53 or older
				beginning October 1, 2023, through September 30, 2024; and
(c) 55 or older beginning October 1,
				2024.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-444 - Basic food work requirements › Section 388-444-0040 - May I volunteer for an unpaid work program in order to meet the work requirements under WAC 388-444-0030?

Current through Register Vol. 24-14, July 15, 2024
May I volunteer for an unpaid work program to meet the work
				  requirements under WAC
				  388-444-0030
				  ?
(1) To meet the work requirements of
				WAC
				388-444-0030,
				you may volunteer for workfare, an unpaid work program that includes work with
				public or private nonprofit agencies contracted with the department of social
				and health services.
(2) We
				determine the number of hours you must participate by taking the total amount
				of food benefits your assistance unit (AU) receives and divide it by the state
				or local minimum wage, whichever is higher.
(3) If there are multiple able-bodied adults
				without dependents (ABAWD) in your AU, they share the responsibility of meeting
				the required number of hours.
(4)
				Workfare does not include court-ordered community service.
(5) We cannot require you to participate more
				than one hundred and twenty hours per month in an unpaid-work program, paid
				work, or a combination of activities. ABAWDs may choose to volunteer to
				participate in activities beyond one hundred and twenty hours per
				month.
(6) The department may pay
				for some of the costs for you to participate in work programs. We set the
				standards for the amount we will pay for these expenses.
Statutory Authority:
					 RCW
					 74.04.050,
					 74.04.055,
					 74.04.057,
					 74.04.500,
					 74.04.515,
					 74.08.090,
					 74.08A.120,
					 74.08A.903, and 7 C.F.R.
					 §§ 273.7 and 273.24. 10-23-112, § 388-444-0040, filed 11/17/10,
					 effective 12/18/10. Statutory Authority:
					 RCW
					 74.04.050,
					 74.04.055,
					 74.04.057,
					 74.04.500,
					 74.04.510,
					 74.04.515,
					 74.08.090,
					 74.08A.903 and Food, Conservation
					 and Energy Act of 2008. 09-04-009, § 388-444-0040, filed 1/22/09,
					 effective 2/22/09. Statutory Authority:
					 RCW
					 74.04.510. 99-07-024, § 388-444-0040,
					 filed 3/10/99, effective 4/10/99. Statutory Authority:
					 RCW
					 74.04.050,
					 74.04.055,
					 74.04.057 and
					 74.08.090. 98-16-044, §
					 388-444-0040, filed 7/31/98, effective
					 9/1/98.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-444 - Basic food work requirements › Section 388-444-0045 - How does an ABAWD regain eligibility for basic food after the three month limit?

Current through Register Vol. 24-14, July 15, 2024
(1) If you have
				received three months of benefits as an able-bodied adult without dependents
				(ABAWD) and are not eligible due to nonparticipation in the work requirements
				of WAC 388-444-0030, you may regain
				eligibility after reapplying for basic food by:
(a) Working eighty hours or more during a
				thirty-day period;
(b)
				Participating in and meeting the requirements of a work program as outlined in
				WAC 388-444-0030 for eighty hours or
				more during a thirty-day period;
(c) Participating in and meeting the
				requirements of the community service part of a workfare program;
(d) Meeting any of the work requirements in
				(a) through (c) of this subsection in the thirty days after the date you have
				reapplied for basic food; or
(e)
				Meeting an exemption as outlined in WAC
				388-444-0035.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-444 - Basic food work requirements › Section 388-444-0050 - What is good cause for failing to meet Basic Food work requirements?

Current through Register Vol. 24-14, July 15, 2024
(1) If we have
				registered you to work, you may have a good reason (good cause) for refusing or
				failing to meet work requirements under WAC
				388-444-0005.
(2) Good cause reasons include, but are not
				limited to:
(a) You were injured or
				ill;
(b) A household member who
				needs your help was injured or ill;
(c) A household emergency;
(d) The unavailability of transportation;
				or
(e) Lack of adequate dependent
				care for children six through twelve years of age.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-444 - Basic food work requirements › Section 388-444-0055 - What are the penalties if I refuse or fail to meet basic food work requirements?

Current through Register Vol. 24-14, July 15, 2024
(1) If we
				register you for work you must meet the work requirements under WAC
				388-444-0005 or
				388-444-0030 unless you have good
				cause as defined in WAC
				388-444-0050. If you do not
				follow these rules, you will become an ineligible assistance unit member as
				described under WAC
				388-408-0035. The remaining
				members of the assistance unit continue to be eligible for basic
				food.
(2) If you do not meet basic
				food work requirements and we find that you did not have good cause, you cannot
				receive basic food for the following periods of time and until you meet program
				requirements:
(a) For the first failure, one
				month;
(b) For the second failure,
				three months; and
(c) For the third
				or subsequent failure, six months.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-444 - Basic food work requirements › Section 388-444-0060 - What is unsuitable employment for Basic Food work requirements

Current through Register Vol. 24-14, July 15, 2024
If we register you for work, you must accept a bona fide
				  offer of suitable employment in order to be eligible for Basic Food. We
				  consider employment unsuitable when:
(1) The wage offered is less than the federal
				or state minimum wage, whichever is highest;
(2) The job offered is on a piece-rate basis
				and the average hourly yield expected is less than the federal or state minimum
				wage, whichever is highest;
(3) The
				employee, as a condition of employment, must join, resign from, or is barred
				from joining any legitimate labor union;
(4) The work offered is at a site subject to
				strike or lockout at the time of offer unless:
(a) The strike is enjoined under the
				Taft-Hartley Act; or
(b) An
				injunction is issued under section 10 of the Railway Labor Act.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-444 - Basic food work requirements › Section 388-444-0065 - Am I eligible for basic food if I quit my job or reduce my work effort?

Current through Register Vol. 24-14, July 15, 2024
(1) You are not
				eligible for basic food if you voluntarily quit your current job without good
				cause as defined in WAC
				388-444-0070, and:
(a) You were working or self-employed for
				thirty hours or more per week or you had weekly earnings at least equal to the
				federal minimum wage multiplied by thirty hours;
(b) The day you quit or the last day you
				worked was within thirty days before you applied for basic food or any time
				after application; and
(c) At the
				time you quit or the last day you worked, you would have been required to
				register for work as defined in WAC
				388-444-0005.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-444 - Basic food work requirements › Section 388-444-0070 - What is good cause for quitting my job or reducing my work effort?

Current through Register Vol. 24-14, July 15, 2024
Unless otherwise specified the following rules apply to all
				  persons receiving Basic Food.
(1) You
				must have a good reason (good cause) for quitting a job or reducing your work
				effort, as defined in WAC
				388-444-0065, or you will be
				disqualified from receiving Basic Food under WAC
				388-444-0075. Good cause includes
				the following:
(a) Your employment is
				unsuitable as under WAC
				388-444-0060;
(b) You were discriminated against by an
				employer based on age, race, sex, color, religious belief, national origin,
				political belief, marital status, or the presence of any sensory, mental, or
				physical disability or other reasons in
				RCW
				49.60.180;
(c) Work demands or conditions make continued
				employment unreasonable, such as working without being paid on
				schedule;
(d) You accepted other
				employment or are enrolled at least half time in any recognized school,
				training program, or institution of higher education;
(e) You must leave a job because another
				assistance unit member accepted a job or is enrolled at least half time in any
				recognized school, training program, or institution of higher education in
				another county or similar political subdivision and your assistance unit must
				move;
(f) You are under age sixty
				and retire as recognized by your employer;
(g) You accept a bona fide offer of
				employment of thirty hours or more a week or where the weekly earnings are
				equivalent to the federal minimum wage multiplied by thirty hours. However,
				because of circumstances beyond your control, the job either does not
				materialize or results in employment of less than thirty hours a week or weekly
				earnings of less than the federal minimum wage multiplied by thirty
				hours;
(h) You leave a job in
				connection with patterns of employment where workers frequently move from one
				employer to another, such as migrant farm labor or construction work;
				and
(i) Circumstances included
				under WAC
				388-444-0050;
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-444 - Basic food work requirements › Section 388-444-0075 - What are the penalties if you quit a job or reduce your work effort without good cause?

Current through Register Vol. 24-14, July 15, 2024
(1) If you have
				applied for basic food and have voluntarily quit a job or reduced your work
				effort as defined under WAC
				388-444-0065 without good cause
				within thirty days before applying for basic food, we will deny your
				application and impose a penalty period as described under subsection (3) of
				this section from the date of your application.
(2) If you already receive basic food and
				quit your job or reduce your work effort without good cause, we will send you a
				letter notifying you that you will be disqualified from basic food. The
				disqualification in subsection (3) of this section begins the first of the
				month following our notice of adverse action.
(3) You are disqualified for the following
				minimum periods of time and until the conditions in subsection (4) of this
				section are met:
(a) For the first quit or
				reduction of work effort, one benefit month;
(b) For the second quit or reduction of work
				effort, three benefit months; and
(c) For the third or subsequent quit or
				reduction of work effort, six benefit months.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-446 - Fraud › Section 388-446-0001 - When does the department refer a cash or food assistance case for prosecution for fraud?

Current through Register Vol. 24-14, July 15, 2024
(1) We consider it
				fraud if you misrepresent your circumstances in order to be eligible for or to
				receive more benefits than you would receive based on your actual
				circumstances. This includes misrepresenting:
(a) Who is in the household;
(b) The income of people in your assistance
				unit;
(c) Your living expenses;
				or
(d) Other circumstances that
				impact your eligibility and monthly benefits.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-446 - Fraud › Section 388-446-0005 - Disqualification period for cash assistance

Current through Register Vol. 24-14, July 15, 2024
(1) An applicant or recipient who has been
				convicted of unlawful practices in obtaining cash assistance is disqualified
				from receiving further cash benefits if:
(a)
				For TANF/SFA, the conviction was based on actions which occurred on or after
				May 1, 1997; or
(b) For aged,
				blind, or disabled (ABD) assistance, the conviction was based on actions which
				occurred on or after July 23, 1995.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-446 - Fraud › Section 388-446-0010 - TANF disqualification period for fraud convictions of misrepresenting interstate residence

Current through Register Vol. 24-14, July 15, 2024
(1) An applicant
				or recipient is disqualified from receiving cash benefits under TANF if
				convicted of fraud by misrepresentation of residence in order to receive
				assistance from two or more states at the same time from any assistance program
				funded by the following:
(a) TANF and any
				other benefit authorized by Title IV-A of the Social Security Act; or
(b) Any benefit authorized by The Food Stamp
				Act of 1997; or
(c) Any benefit
				authorized by Title XIX, medicaid; or
(d) SSI benefits authorized by Title
				XVI.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-446 - Fraud › Section 388-446-0015 - What is an intentional program violation (IPV) and administrative disqualification hearing (ADH) for basic food?

Current through Register Vol. 24-14, July 15, 2024
(1)
				An intentional program violation (IPV) is an act in which someone
				intentionally:
(a) Misrepresents, conceals, or
				withholds facts in order to be found eligible for benefits or to receive more
				benefits than their actual circumstances would allow including making a false
				statement regarding household circumstances;
(b) Acts in violation of the Food Nutrition
				Act of 2008, regulations for the supplemental nutrition assistance program
				(SNAP) under Title 7 of the Code of Federal Regulations, any state statute, or
				WAC relating to the use, presentation, transfer, acquisition, receipt,
				trafficking, or possession of food assistance benefits including; or
(c) Attempts to buy, sell, steal, or trade
				food assistance benefits issued and accessed via electronic benefit transfer
				(EBT) cards, EBT card numbers or personal identification numbers (PINs), for
				cash or anything other than eligible food, alone or acting with
				others.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-446 - Fraud › Section 388-446-0020 - What penalties will I receive if I break a food assistance rule on purpose?

Current through Register Vol. 24-14, July 15, 2024
(1) Breaking a
				rule on purpose for food assistance is known as an intentional program
				violation (IPV) under WAC
				388-446-0015.
				These rules apply to all DSHS food assistance programs including:
(a)Washington Basic Food program or Basic
				Food;
(b) The Washington combined
				application project (WASHCAP) under chapter 388-492 WAC;
(c) Transitional food assistance (TFA) under
				chapter 388-489 WAC; and
(d)The
				state-funded food assistance program (FAP) for legal immigrants.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-447 - Housing and essential needs referral › Section 388-447-0001 - What are the incapacity requirements for referral to the housing and essential needs (HEN) program?

Current through Register Vol. 24-14, July 15, 2024
(1) For the
				purposes of this chapter, the following definitions apply:
(a) "We" and "us" mean the department of
				social and health services.
(b)
				"You" means the applicant or recipient.
(c) "Incapacitated" means you cannot be
				gainfully employed due to a physical or mental impairment that is expected to
				continue for at least 90 days from the date you apply.
(d) "Mental impairment" means a diagnosable
				mental disorder.
(e) "Physical
				impairment" means a diagnosable physical illness.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-447 - Housing and essential needs referral › Section 388-447-0005 - What evidence do we consider to determine incapacity?

Current through Register Vol. 24-14, July 15, 2024
(1) To determine
				whether a medically determinable impairment exists, we consider medical
				evidence from "acceptable medical sources." "Acceptable medical sources"
				include the following:
(a) For a physical
				impairment, a health professional licensed in Washington state or where the
				examination was performed:
(i) Medical doctor
				(MD);
(ii) Doctor of osteopathy
				(DO);
(iii) Doctor of optometry
				(OD) for visual disorders;
(iv)
				Doctor of podiatry (DP) for foot and ankle disorders;
(v) Physician assistant (PA) for impairments
				within their licensed scope of practice;
(vi) Advanced registered nurse practitioner
				(ARNP) for impairments within their licensed scope of practice;
(vii) Audiologist for impairments of hearing
				loss, auditory processing disorders, and balance disorders within their
				licensed scope of practice;
(viii)
				Qualified speech-language pathologist, for purposes of establishing speech or
				language impairments;
(ix) Doctor
				of dental surgery (DDS) or doctor of medical dentistry (DMD) for tooth
				abscesses or temporomandibular joint (TMJ) disorders; and
(x) Chief of staff of a U.S. Department of
				Veterans Affairs medical center, or their designee, as authorized in federal
				law.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-447 - Housing and essential needs referral › Section 388-447-0010 - What medical evidence do I need to provide?

Current through Register Vol. 24-14, July 15, 2024
You must provide medical evidence of your impairment(s) and
				  how your impairment(s) affects your ability to perform regular and continuous
				  work activity. Medical evidence must be in writing and be clear, objective and
				  complete.
(1) Objective evidence for
				physical impairments means:
(a) Laboratory
				test results;
(b) Pathology
				reports;
(c) Radiology findings
				including results of X rays and diagnostic imaging scans;
(d) Clinical findings including, but not
				limited to, ranges of joint motion, blood pressure, temperature or pulse; and
				documentation of a physical examination; or
(e) Hospital history and physical reports and
				admission and discharge summaries; or
(f) Other medical history and physical
				reports related to your current impairments.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-447 - Housing and essential needs referral › Section 388-447-0020 - How does the department assign severity ratings to my impairments?

Current through Register Vol. 24-14, July 15, 2024
(1) "Severity
				rating" is a rating of the extent of your impairment and how it impacts your
				ability to perform the basic work activities detailed in WAC
				388-447-0001. Severity ratings
				are assigned in Steps II through IV of the progressive evaluation process
				(PEP). The following chart provides a description of levels of limitations on
				work activities and the severity ratings that would be assigned to each.
Effect on Work
Degree of
Numerical
Activities
Impairment
Value
(a)
There is no effect on your performance of one or more
						  basic work-related activities.
None
1
(b)
There is no significant limit on your performance of one
						  or more basic work-related activities.
Mild
2
(c)
There are significant limits on your performance of one
						  or more basic work-related activity.
Moderate
3
(d)
There are very significant limits on your performance of
						  one or more basic work-related activities.
Marked
4
(e)
You are unable to perform at least one basic
						  work-related activity.
Severe
5
(2)
				We use the description of how your condition impairs your ability to perform
				work activities given by the medical evidence provider 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 impairment; and
(b) Your impairment has lasted, or is
				expected to last, nine months or more with available treatment.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-447 - Housing and essential needs referral › Section 388-447-0030 - Progressive evaluation process step I-How does the department review the medical evidence required for an incapacity determination?

Current through Register Vol. 24-14, July 15, 2024
(1) When we receive your medical evidence, we
				review it to see if it is sufficient to decide whether you meet the incapacity
				requirements. It must:
(a) Contain sufficient
				information under WAC
				388-447-0010;
(b) Be written by an authorized medical
				professional described in WAC
				388-447-0005;
(c) Document a potentially incapacitating
				condition; and
(d) Indicate an
				impairment is expected to last at least ninety days from the application
				date.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-447 - Housing and essential needs referral › Section 388-447-0040 - Progressive evaluation process step II-How does the department determine the severity of mental impairments?

Current through Register Vol. 24-14, July 15, 2024
If you are diagnosed with a mental impairment by a
				  professional described in WAC
				  388-447-0005,
				  we use information from the medical evidence provider to determine how the
				  impairment limits work-related activities.
(1) We review the following psychological
				evidence to determine the severity of your mental impairment:
(a) Psychosocial and treatment history
				records;
(b) Clinical findings of
				specific abnormalities of behavior, mood, thought, orientation, or
				perception;
(c) Results of
				psychological tests; and
(d)
				Symptoms observed by the examining professional that show how your impairment
				affects your ability to perform basic work-related activities.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-447 - Housing and essential needs referral › Section 388-447-0050 - Progressive evaluation process step III-How does the department determine the severity of physical impairments?

Current through Register Vol. 24-14, July 15, 2024
"Severity of a physical impairment" means the degree that an
				  impairment restricts you from performing the basic work-related activities in
				  WAC 388-447-0001. Severity ratings
				  range from one to five, with five being the most severe. We assign severity
				  ratings based on the table in WAC
				  388-447-0020.
(1) We assign to each physical impairment a
				severity rating that is supported by medical evidence.
(2) If your physical impairment is rated two,
				and there is no mental impairment or a mental impairment that is rated one, we
				deny incapacity.
(3) If your
				physical impairment is rated five, we approve incapacity.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-447 - Housing and essential needs referral › Section 388-447-0060 - Progressive evaluation process step IV-How does the department determine the severity of multiple impairments?

Current through Register Vol. 24-14, July 15, 2024
(1)
				If you have more than one impairment, we determine the overall severity rating
				by deciding if your impairments have a combined effect on your ability to be
				gainfully employed.
(2) When you
				have two or more diagnosed impairments that limit work activities, we assign an
				overall severity rating as follows:
Condition
Severity Rating
(a) All impairments are mild and there is no
							 cumulative effect on basic work activities.
Mild 2
(b) All impairments are mild and there is a
							 significant cumulative effect on one or more basic work activities.
Moderate 3
(c) Two or more impairments are of moderate severity
							 and there is a very significant cumulative effect on basic work
							 activities.
Marked 4
(d) Two or more impairments are of marked
							 severity.
Severe 5
(3)
				We deny incapacity at this step when the overall severity rating is two.
(4) We approve incapacity at this
				step when the overall severity rating is five.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-447 - Housing and essential needs referral › Section 388-447-0070 - Progressive evaluation process step V-How does the department determine the impact of a mental impairment on my ability to function in a work environment?

Current through Register Vol. 24-14, July 15, 2024
If you have a mental impairment, we evaluate your cognitive
				  and social functioning in a work setting. "Functioning" means your ability to
				  perform typical tasks that would be required in a routine job setting and your
				  ability to interact effectively while working.
(1) We evaluate cognitive and social
				functioning by assessing your ability to:
(a)
				Understand, remember, and persist in tasks by following very short and simple
				instructions.
(b) Understand,
				remember, and persist in tasks by following detailed instructions.
(c) Perform activities within a schedule,
				maintain regular attendance, and be punctual within customary tolerances
				without special supervision.
(d)
				Learn new tasks.
(e) Perform
				routine tasks without special supervision.
(f) Adapt to changes in a routine work
				setting.
(g) Make simple
				work-related decisions.
(h) Be
				aware of normal hazards and take appropriate precautions.
(i) Ask simple questions or request
				assistance.
(j) Communicate and
				perform effectively in a work setting.
(k) Complete a normal workday and workweek
				without interruptions from psychologically based symptoms.
(l) Set realistic goals and plan
				independently.
(m) Maintain
				appropriate behavior in a work setting.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-447 - Housing and essential needs referral › Section 388-447-0090 - Progressive evaluation process step VII-How does the department determine ability to perform past work?

Current through Register Vol. 24-14, July 15, 2024
(1)
				If your overall severity rating is moderate (three) or marked (four) and we
				have not approved or denied incapacity by this stage of the progressive
				evaluation process (PEP), then we decide if you are able to do the same or
				similar work as you have done in the past. We consider your current physical
				and/or mental limitations when making this decision. Vocational factors are
				education, relevant work history, and age.
(2) We evaluate your work experience to
				determine if you have relevant past work. "Relevant past work" means work that:
(a) Is defined as gainful employment per WAC
				388-447-0001;
(b) Has been performed within the past five
				years; and
(c) You performed long
				enough to acquire the knowledge and skills to continue performing the job. You
				must meet the specific vocational preparation level as defined in Appendix C of
				the Dictionary of Occupational Titles.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-447 - Housing and essential needs referral › Section 388-447-0110 - When does my eligibility for referral to the housing and essential needs (HEN) program end?

Current through Register Vol. 24-14, July 15, 2024
(1) If we determine
				you are incapacitated and you meet the eligibility requirements in WAC
				388-400-0070, you are eligible
				for referral to the housing and essential needs (HEN) program for a maximum
				period of twelve months. This is your incapacity authorization
				period.
(2) Your HEN referral
				eligibility stops at the end of your incapacity authorization period unless you
				provide current medical evidence that demonstrates there was no material
				improvement in your impairment. No material improvement means that your
				impairment continues to meet the incapacity criteria detailed in WAC
				388-447-0001.
(3) The medical evidence must meet the
				criteria defined in WAC
				388-447-0010.
(4) We use medical evidence received after
				your incapacity authorization period has ended when:
(a) The delay was not due to your failure to
				cooperate;
(b) We receive the
				evidence within thirty days of the end of your incapacity authorization period;
				and
(c) The evidence meets the
				incapacity criteria in WAC
				388-447-0001.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-447 - Housing and essential needs referral › Section 388-447-0120 - How does substance use affect my eligibility for referral to the housing and essential needs (HEN) program?

Current through Register Vol. 24-14, July 15, 2024
(1) You must
				complete a substance use disorder assessment when we have information that
				indicates you may have a substance use disorder unless you have good
				cause.
(2) You must participate in
				substance use treatment if a certified substance use disorder professional
				indicates a need for treatment, unless you have good cause. Good cause
				includes, but is not limited to, the following reasons:
(a) We determine that your physical or mental
				health impairment prevents you from participating in treatment.
(b) The outpatient substance use disorder
				treatment you need isn't available in the county where you live.
(c) The inpatient substance use disorder
				treatment you need isn't available at a location you can reasonably
				access.
(d) You are a parent or
				other relative personally providing care for a minor child or an incapacitated
				individual living in your household, child care or day care is necessary for
				you to participate in substance use disorder treatment, and such care is not
				available.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-447 - Housing and essential needs referral › Section 388-447-0130 - What referral to the housing and essential needs (HEN) program rules may the department implement during a state of emergency?

Current through Register Vol. 24-14, July 15, 2024
During a declared state of emergency, the department may
				  implement the following rules to help mitigate impacts to clients:
(1) Postpone review of your HEN referral
				program eligibility beyond the 12 month period if the department determines you
				are not eligible for the aged, blind, or disabled (ABD) program at the time of
				your incapacity review. The postponement of this review may occur retroactively
				to the date the governor declares a state of emergency.
(2) Accept a diagnosis of a medically
				determinable impairment from a "supplemental medical evidence" source in
				subsection (2) of WAC
				388-447-0005,
				or the predictive risk intelligence system (PRISM).
(3) Accept functional medical evidence beyond
				90 days of the date of application or incapacity review, or otherwise waive the
				requirement of WAC
				388-447-0010(3)(c)
				in its entirety.
(4) Suspend or
				waive eligibility review requirements detailed in WAC
				388-434-0005
				for referral to the HEN program.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-449 - Aged, blind, or disabled › Section 388-449-0001 - What are the disability requirements for the aged, blind, or disabled (ABD) program?

Current through Register Vol. 24-14, July 15, 2024
(1) For the
				purposes of this chapter, the following definitions apply:
(a) "We" and "us" mean the department of
				social and health services.
(b)
				"You" means the applicant or recipient.
(c) "Disabled" means the inability to engage
				in any substantial gainful activity (SGA) by reason of any medically
				determinable physical or mental impairment(s) which has lasted or can be
				expected to last for a continuous period of not less than 12 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 a substance use disorder.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-449 - Aged, blind, or disabled › Section 388-449-0005 - Sequential evaluation process step 1 - How does the department determine if you are performing substantial gainful employment?

Current through Register Vol. 24-14, July 15, 2024
We deny disability if you are engaging in substantial gainful
				  activity (SGA) when you apply for aged, blind, or disabled (ABD) benefits.
				  "Substantial gainful activity" means you are performing, in a regular and
				  predictable manner, an activity usually done for pay or profit.
(1) You must be earning less than the SGA
				standard as defined by the Social Security Administration (SSA) to be eligible
				for ABD cash, unless:
(a) You work under
				special conditions that go beyond the employer providing reasonable
				accommodation, such as a sheltered workshop; or
(b) You provide evidence you work
				occasionally or part-time because your impairment limits the hours you are able
				to work compared to unimpaired workers in the same job.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-449 - Aged, blind, or disabled › Section 388-449-0010 - What evidence do we consider to determine disability?

Current through Register Vol. 24-14, July 15, 2024
(1) To determine
				whether a medically determinable impairment exists, we consider medical
				evidence from "acceptable medical sources." "Acceptable medical sources"
				include the following:
(a) For a physical
				impairment, a health professional licensed in Washington state or where the
				examination was performed:
(i) Medical doctor
				(MD);
(ii) Doctor of osteopathy
				(DO);
(iii) Doctor of optometry
				(OD) for visual disorders;
(iv)
				Doctor of podiatry (DP) for foot and ankle disorders;
(v) Physician assistant (PA) for impairments
				within their licensed scope of practice;
(vi) Advanced registered nurse practitioner
				(ARNP) for impairments within their licensed scope of practice;
(vii) Audiologist for impairments of hearing
				loss, auditory processing disorders, and balance disorders within their
				licensed scope of practice; and
(viii) Qualified speech-language pathologist,
				for purposes of establishing speech or language impairments.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-449 - Aged, blind, or disabled › Section 388-449-0015 - What medical evidence do I need to provide?

Current through Register Vol. 24-14, July 15, 2024
You must give us medical evidence of your impairment(s) and
				  how they affect your ability to perform regular and continuous work activity.
				  Medical evidence must be in writing and be clear, objective, and
				  complete.
(1) Objective evidence for
				physical impairments means:
(a) Laboratory
				test results;
(b) Pathology
				reports;
(c) Radiology findings
				including results of X rays and computer imaging scans;
(d) Clinical findings, including but not
				limited to ranges of joint motion, blood pressure, temperature or pulse, and
				documentation of a physical examination; and
(e) Hospital history and physical reports and
				admission and discharge summaries; or
(f) Other medical history and physical
				reports related to your current impairments.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-449 - Aged, blind, or disabled › Section 388-449-0015 - What medical evidence do I need to provide?

Current through Register Vol. 24-14, July 15, 2024
You must give us medical evidence of your impairment(s) and
				  how they affect your ability to perform regular and continuous work activity.
				  Medical evidence must be in writing and be clear, objective, and
				  complete.
(1) Objective evidence for
				physical impairments means:
(a) Laboratory
				test results;
(b) Pathology
				reports;
(c) Radiology findings
				including results of X-rays and computer imaging scans;
(d) Clinical findings, including but not
				limited to ranges of joint motion, blood pressure, temperature or pulse, and
				documentation of a physical examination; and
(e) Hospital history and physical reports and
				admission and discharge summaries; or
(f) Other medical history and physical
				reports related to your current impairments.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-449 - Aged, blind, or disabled › Section 388-449-0020 - How does the department evaluate functional capacity for mental health impairments?

Current through Register Vol. 24-14, July 15, 2024
If you have a mental impairment, we evaluate ability to
				  function in a work setting based on an objective clinical assessment from a
				  medical professional as described in WAC
				  388-449-0010. We may also use
				  other evidence as described in WAC
				  388-449-0010. Functioning means
				  your ability to perform typical tasks that would be required in a routine job
				  setting and your ability to interact effectively while working.
(1) We evaluate cognitive and social
				functioning by assessing your ability to:
(a)
				Understand, remember, and persist in tasks by following very short and simple
				instructions.
(b) Understand,
				remember, and persist in tasks by following detailed instructions.
(c) Perform activities within a schedule,
				maintain regular attendance, and be punctual within customary tolerances
				without special supervision.
(d)
				Learn new tasks.
(e) Perform
				routine tasks without special supervision.
(f) Adapt to changes in a routine work
				setting.
(g) Make simple
				work-related decisions.
(h) Be
				aware of normal hazards and take appropriate precautions.
(i) Ask simple questions or request
				assistance.
(j) Communicate and
				perform effectively in a work setting with public contact.
(k) Communicate and perform effectively in a
				work setting with limited public contact.
(l) Complete a normal workday and workweek
				without interruptions from psychologically based symptoms.
(m) Set realistic goals and plan
				independently.
(n) Maintain
				appropriate behavior in a work setting.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-449 - Aged, blind, or disabled › Section 388-449-0035 - How does the department assign severity ratings to my impairment?

Current through Register Vol. 24-14, July 15, 2024
(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.
Effect on Work Activities
Degree of Impairment
Numerical Va l u e
(a) There is no effect on your performance of one or
						  more basic work-related activities.
None
1
(b) There is no significant limit on your performance of
						  one or more basic work-related activities.
Mild
2
(c) There are significant limits on your performance of
						  one or more basic work-related activities.
Moderate
3
(d) There are very significant limits on your
						  performance of one or more basic work-related activities.
Marked
4
(e) You are unable to perform basic work-related
						  activities.
Severe
5
(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 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.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-449 - Aged, blind, or disabled › Section 388-449-0040 - How does the department determine the severity of mental impairments?

Current through Register Vol. 24-14, July 15, 2024
If you are diagnosed with a mental impairment by an
				  acceptable medical source described in WAC
				  388-449-0010, we use information
				  from medical sources described in WAC
				  388-449-0010 to determine how the
				  impairment limits work-related activities.
(1) We review the following psychological
				evidence to determine the severity of your mental impairment:
(a) Psychosocial and treatment history
				records;
(b) Clinical findings of
				specific abnormalities of behavior, mood, thought, orientation, or
				perception;
(c) Results of
				psychological tests; and
(d)
				Symptoms observed by the examining practitioner, and other evidence, that show
				how your impairment affects your ability to perform basic work-related
				activities.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-449 - Aged, blind, or disabled › Section 388-449-0045 - How does the department determine the severity of physical impairments?

Current through Register Vol. 24-14, July 15, 2024
We must decide if your physical impairment is serious enough
				  to significantly limit your ability to perform substantial gainful activity.
				  "Severity of a physical impairment" means the degree that an impairment
				  restricts you from performing basic work-related activities (see WAC
				  388-449-0005 ). Severity ratings
				  range from none to severe. We will assign severity ratings according to the
				  table in WAC
				  388-449-0035.
We assign to each physical impairment a severity rating that
				  is supported by medical evidence.
Statutory Authority:
					 RCW
					 74.04.005,
					 74.04.050,
					 74.04.055,
					 74.04.057,
					 74.04.510,
					 74.08.090,
					 74.08A.100,
					 74.04.770,
					 74.04.0052,
					 74.04.655,
					 74.08.043,
					 74.08.335, and 2011 1st sp.s. c
					 36. 12-10-042, § 388-449-0045, filed 4/27/12, effective
					 6/1/12.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-449 - Aged, blind, or disabled › Section 388-449-0050 - How does the department determine the severity of multiple impairments?

Current through Register Vol. 24-14, July 15, 2024
(1) If you have
				more than one impairment, we decide the overall severity rating by determining
				if your impairments have a combined effect on your ability to be gainfully
				employed.
(2) When you have two or
				more diagnosed impairments that limit work activities, we assign an overall
				severity rating as follows:
Your Condition
Severity Rating
(i) All impairments are mild and there is no
								cumulative effect on basic work activities.
Mild
(ii) All impairments are mild and there is a
								significant cumulative effect on one or more basic work activities.
Moderate
(iii) Two or more impairments are of moderate
								severity and there is a very significant cumulative effect on basic work
								activities.
Marked
(iv) Two are more impairments are of marked
								severity.
Severe
Statutory Authority:
					 RCW
					 74.04.005,
					 74.04.050,
					 74.04.055,
					 74.04.057,
					 74.04.510,
					 74.08.090,
					 74.08A.100,
					 74.04.770,
					 74.04.0052,
					 74.04.655,
					 74.08.043,
					 74.08.335, and 2011 1st sp.s. c
					 36. 12-10-042, § 388-449-0050, filed 4/27/12, effective
					 6/1/12.