65A-4.206. Work Requirements Under Medical Incapacity, SSI/SSDI, and Mental Health/Substance Abuse Treatment

(1) The provisions for receipt of temporary cash assistance (TCA) include the requirement of individuals who do not meet exemptions to participate in work activities or alternative requirement plans which allow an individual to meet program requirements based on the individual’s medical ability to comply. Individuals who claim a medical incapacity or who have an application or an appeal pending for Supplemental Security Income (SSI) or Social Security Disability Income (SSDI) are required to meet TCA program requirements in accordance with Sections 414.065(4)(d) and (f), F.S. The department will refer all applicants who do not meet an exemption under Sections 414.065(4)(d) and (f), F.S., to the Local Workforce Development Boards (LWDB) designee. The LWDB designee will determine the individual’s work or alternative requirement plan activities.

(2) Non-exempt individuals who are given an exception from participation in certain work activities due to medical incapacity, shall be required to comply with the course of medical treatment necessary for the individual to resume participation in work activities.

(3) Individuals claiming a medical incapacity either preventing them from participating in work activities or limiting their participation in work activities shall provide a statement from a physician licensed under Chapter 458 or 459, F.S., specifying the nature of the disability or incapacity, the duration of disability or incapacity, the number of hours per week that the individual can participate in activities, the percentage of the individual’s disability and any other limitations on participation in work activities.

(4) The individual basing their exemption from TCA work activities on an application or an appeal for SSI or SSDI disability benefits must provide a copy of the disability receipt file, notices, letters, or other verification from the Social Security Administration to verify a pending SSI or SSDI disability decision.

(5) An alternative requirement plan will be designed consistent with the individual’s limitations.

(6) The individual basing their exemption from TCA work activities on an application or appeal for SSI or SSDI disability benefits shall be informed that if denied all extensions to time limits count toward their cash assistance life time limit of 48 months.

(7) Outpatient Mental Health or Substance Abuse Treatment. An individual may be excepted from TCA work requirements for up to five hours per week to participate in outpatient mental health or substance abuse counseling or treatment. The total number of hours cannot exceed 100 per year. The LWDB designee will be responsible for verifying the need for treatment, attendance, and compliance with treatment requirements of the mental health or substance abuse professional.

(8) The LWDB designee will review the case at least monthly to determine the status of the SSI or SSDI application or appeal.

Rulemaking Authority 414.45 FS. Law Implemented 414.065(4)(d), (e), (f), 414.105 FS. History–New 4-16-00, Amended 9-4-01, 2-2-20.