1318 Deprivation Based on Incapacity | TANF

Georgia Division of Family and Children Services
TANF Policy Manual

Policy Title:

Deprivation Based on Incapacity

Effective Date:

November 2019

Chapter:

1300

Policy Number:

1318

Previous Policy Number(s):

MT 1

Updated or Reviewed in MT:

MT-50

Requirements

Deprivation of parental support or care exists when one or both parents are physically or mentally incapacitated.

Basic Considerations

A parent is physically or mentally incapacitated when s/he has a physical or mental defect, illness, or impairment of such a debilitating nature that it substantially reduces or eliminates the parent’s ability to support or care for the child.

The incapacity must be expected to last for at least 30 days from the date of onset.

Work Requirement

A parent who is incapacitated has a work requirement and is referred to employment services. Refer to Section 1349, Work Requirements.

Determination of Incapacity

The incapacity determination is based on the following:

the nature of the incapacity,
the degree to which the incapacity limits normal employment,
whether the incapacity prohibits the parent from supporting the family.

Incapacity may be established by one of the following methods in the order listed:

prima facie evidence,
personal observation,
review of medical evidence or records.

Prima Facie Evidence

Prima facie evidence of incapacity includes receipt of the following:

RSDI benefits based on disability,
SSI benefits based on disability,
Railroad Retirement benefits based on disability,
Veterans benefits based on 100% disability,
Worker’s Compensation benefits
long or short-term disability benefits paid by or through an employer or insurance company.

This list is all-inclusive.

A parent receiving RSDI or SSI disability benefits is still considered to be incapacitated when benefits begin to be paid based on age.

Observation

When prima facie evidence of incapacity is not available, the determination of whether incapacity exists is based on an evaluation of the following:

the parent’s physical or mental limitations as observed by the worker

or
medical evidence

and
information gathered on the Form 188, Social Data Report

Medical Evidence

Medical evidence must be obtained from the parent to support the incapacity claim if a determination cannot be made solely through observation.

Medical evidence includes the following:

Form 806, Medical statement, completed by the parent’s doctor
the parent’s medical records.

The medical evidence in conjunction with social data gathered on Form 188, Social Data Report is evaluated to determine if the evidence supports the incapacity claim.

The agency must provide assistance if the AU needs help in obtaining medical evidence.

The following social data information is considered when evaluating the claim of incapacity:

the parent’s statement of incapacity and expected duration,
the obvious physical or mental limitations,
the types of job duties the individual normally performed, or is trained to perform,
work activities of the parent prior to the incapacity,
limitations that the incapacity places on the parent’s normal work activities,
employer’s records documenting the effects of the incapacity on the parent’s ability to work, if available.

Form 188, Social Data Report must be completed in order to obtain the social data information needed to establish incapacity.

The parent’s education, training and work experience must be evaluated to determine if the physical or mental limitations prevent the parent from providing support and care to his/her children.

Chart 1318.1 provides examples of incapacity determinations based on observation of the individual and social data information.

Adjustment Period When Incapacity Ends

A three-month adjustment period is allowed when the incapacity ends, beginning with the month following the month capacity is restored.

The AU must continue to meet all other eligibility requirements during the adjustment period.

The following chart provides examples of how an incapacity determination is made by observation of the individual and evaluation of information collected on the Form 188.

Chart 1318.1 - Incapacity Determinations by Observation
Situation: An individual sustains a broken foot in an auto accident. The break is severe, and the individual is in a cast up to the calf. Crutches must be used for three weeks; at which time the individual will be given a walking cast for five weeks.
Case 1: The individual has a ninth-grade education and has worked all of his adult life as a roofer. He is 45 years of age. He has received no technical education to allow him to pursue another trade.	The individual is considered incapacitated for a minimum of eight weeks, at which time the incapacity must be reevaluated.
Case 2: The individual has a high school education and has been to technical school. She has been trained as a data entry operator. She works on the first floor of her building and can easily sit at the computer terminal with her foot propped. The company provides paid sick leave for days she cannot come to work because of doctor’s appointments or personal illness.	The individual is not considered incapacitated to the point that it will hinder her ability to perform necessary day-to-day functions.

Procedures

Establishing Incapacity

Follow the steps below when one or both parents claim incapacity:

Step 1	Determine if the parent has prima facie evidence of the incapacity. If so, base deprivation on the incapacity. If not proceed to Step 2.
Step 2	Determine, based on observance of the parent’s condition, if incapacity can be established.
Step 3	Request medical evidence if the incapacity cannot be established without it.
Step 4	Complete Form 188, Social Data Report, to evaluate the parent’s physical and/or mental limitations.
Step 5	Establish deprivation based on the incapacity.
Step 6	Document the nature and duration of the incapacity.

Allowing the Adjustment Period

Follow the steps below when an incapacitated parent is able to return to work:

Step 1	Document the circumstances, including the date capacity was restored.
Step 2	Notify the family of the following: beginning month of the adjustment period, the specific months of continued cash assistance, the eligibility requirements during the adjustment period.
Step 3	Review the AU’s situation in the third month to determine if deprivation exists based on recent connection to the work force.