.03 Mentally or Physically Unfit for Work Exemption
(01/01/20 - 12/31/20)
Individuals who are physically or mentally unfit for work are exempt from the ABAWD time limit and work requirements. Unfitness for work can include anything that affects the ability to work, maintain employment or restrict the range of employment opportunities, such as:
Mental conditions
Learning disability
Emotional challenges
Difficulty handling stress, amongst others
Physical condition
Recovering from surgery
Physical limitations due to disability
Receipt of temporary or permanent disability benefits from a governmental or private source
Life circumstances
Victim of domestic violence
A person does not need to be disabled to be unfit for work. Unfitness for work may not always be visually obvious. Unfitness for work may be temporary or permanent.
Individuals considered temporarily unfit for employment are exempt until their next interview; unless verification is received that specifies a different expected end date for the exemption reason.
Long-term or permanently disabled individuals are exempt from the ABAWD work requirements and the ABAWD three-month time limit.
An obvious determination of unfit for work may be made during a face-to-face or telephone interview.
Documentation of obvious unfitness for work must include at least the following:
What conversation the worker held with the participant. Include the details of the participant statement and the reason the statement was accepted.
What observations were made by the worker e.g. cast, sling, wheelchair, behavior health issues.
Why further verification was not requested.
When unfitness for work is not obvious, the worker must complete the following:
Explain to the participant what verification is needed.
Give the participant the Verification Unfitness for Work for Adults (FAA-1533A) form during a face-to-face interview.
Send the Verify Unfit for Work for Adults (024) notice during a telephone interview.
Explain to the participant that the FAA-1533A or A024 notice needs to be completed by a medically qualified source(g).
Verification of unfitness for work may include proof of receipt of temporary or permanent disability benefits from governmental or private sources, including, but not limited to:
VA disability benefits
Worker’s Compensation
SSI (or pending application for SSI)
State-issue temporary or permanent disability benefits
Participation in a Vocational Rehabilitation program
Social Security Disability benefits
When verification is required and not in the casefile(g) see Verification and Cooperation Overview.
Complete the following when verification of the unfitness has been requested:
For regular households, do not key WERE or WORW with the DI exemption until verification is received. Leave the field as populated by AZTECS.
For NAX households, do not key WERE or WORW with the DI exemption until verification is received. When there is no other appropriate exemption reason, key NE on WERE and RA on WORW. When verification of disability is provided, key DI on WERE and WORW.
Upon receipt of verification, review WERE, WORW, and CODF to ensure the months are counted correctly.
When the initial month was prorated, it should display as not countable on CODF. No changes are needed.
Review any additional months displayed on CODF for months which were counted and should not be counted due to a verified exemption. Report changes of an X to an O to FAA Systems Help Desk by using the Cherwell Information Technology Request Portal.
Key DI in the WERE EXPT RSN FS field.