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Most adults included in Work First cases are work-eligible (subject to work requirements and participation in work activities). (For exceptions, see Section 103.) All adult recipients are subject to a 60-month lifetime limit on the receipt of cash assistance under Temporary Assistance for Needy Families (TANF). Any required family unit adult living in the home that has exhausted the 24 or 60 month time limit makes the family ineligible, unless they qualify for an extension or hardship exemption. Refer Section 105 for additional information regarding time limits.
When counties begin working with participants in Employment Services, the participants’ families become subject to a 24-month time limit on cash assistance. Employment Services for Work-Eligible individuals, therefore, are geared toward completion within 24 months, though this is not always possible or appropriate. The activities of these participants are reported in EPIS. Although individuals identified as “incapacitated” (“F” or “O” code) are not subject to the state’s 24-month time limit on cash assistance, by federal definition, they do remain “Work Eligible”.
Recipients will have their 24-month time limit waived for up to 36 months when they are enrolled in post-secondary education and they maintain at least a 2.5 grade point average or its equivalent.
Title II of the Americans with Disabilities Act (ADA) prohibits discrimination against any individual with a disability that places substantial limitations on an individual‘s major life activities. When a participant reports a disability, the Work First caseworker must get medical documentation from the client or medical provider to support the disability claim. If the documentation from the participant is questionable, the caseworker must contact the medical provider, and must ensure that a valid consent form is in the case file prior to contacting the medical provider. The medical provider may limit the participant’s work activities to less than 30 hours a week. If this happens, the MRA Plan of Action must reflect the activities the medical provider has verified as within the capabilities of the participant. The caseworker must follow up with the participant and medical provider to ensure the participant’s success in increasing participation to 30 hours a week over time.
Each individual with a disability must be afforded the opportunity to participate in or benefit from services in the Work First Program. Individuals with disabilities should receive an individualized assessment of his/her skills, which should guide the development of the MRA Plan of Action. The MRA Plan of Action must reflect any accommodations made to support the individual in job placement, education, skills training, employment, or other activities. Agencies must take steps to ensure that individuals with disabilities can participate in all programs and services and not those designed solely for individuals with disabilities.
County Departments of Social Services are encouraged to utilize Functional Assessments for Work First participants who state they have a disability or other incapacity and are not receiving SSI or SSDI payments for the disability. These Functional Assessments have been defined as a functional capacity evaluation and/or a vocational assessment, which will assist in appropriate planning for certain Work First participants. Both the functional capacity evaluation and the vocational assessment are similar in that they are used to determine an individual’s capacity for work
The functional capacity evaluation (FCE) assesses a person’s ability to perform work from a physical, medical, behavioral or mental perspective. One result from the FCE is a finding that the participant has no capacity for work, and this finding may assist the participant in the Social Security Disability benefits process. An alternative finding is that the participant has full or limited work capacity. In that case, the Work First caseworker and the participant update the Mutual Responsibility Agreement (MRA) Plan of Action) to incorporate work activities based on the FCE results.
The vocational assessment (VA) assesses individuals who want employment and/or who want to improve their quality of life. The VA provides such procedures as psychological and academic testing, observations, interviewing, dexterity and motor skills tests. The VA provides information that assists in decisions about the individual’s vocational goals and the services needed to help them obtain employment.
Results from these assessments may indicate that either the participant has no work capacity, and the assessment may be used to assist in the application process for SSDI or SSI benefits, or the participant is found to have limited or full capacity for work. The MRA Plan of Action should reflect the findings of any Functional Assessments regarding participation requirements.
Work First employment services caseworkers are responsible for monitoring individuals’ participation in the activities described in their MRA Plan of Action and for processing time cards and other attendance reports.
If a Work First participant does not complete the activities outlined in the MRA, the caseworker must determine if the participant has good cause or if the individual has become exempt. Caseworkers should use prudent judgment to ensure that good cause is applied reasonably and equitably to all families. Good cause is defined as:
It is important in determining good cause that the caseworker reviews the participant’s case record and MRA Plan of Action, as well as discussing with the participant their reasons for failure to meet the required hours. If there is indication that an existing or new disability is involved, the caseworker and participant should revise the MRA Plan of Action.
If there is good cause, the WFB check will be issued and there will not be any negative consequences.
If there is not good cause, the WFB check for that month will not be issued. Evaluate family members for Medicaid and transfer the case to Medicaid.
Inform the participant that he/she must comply with all provisions of his/her MRA (Core Requirements and Plan of Action) in order to receive the next month’s check.
See WF 119 for additional discussion of Work First Benefits.
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office. |
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