Welfare Transition Program Exceptions and Deferrals Agency for Workforce Innovation Statewide Training Spring 2005

Flow Chart Individual Submits Request for Assistance (RFA) to DCF Return Appointment is Scheduled Referred to RWB Designee for Work Registration Work Registration Completed? Cash Assistance Denied No Yes Refers to RWB Provider ESS Completes Eligibility Process New Case or Reopen Alert Received by RWB Provider Welfare Transition Orientation is Scheduled

Exceptions To Non-Compliance Penalties  All TCA recipients who are Not Exempt must participate in work activities  Mandatory penalty process under federal law  Federal law requires the State to initiate and apply the penalty process outline in the State plan if a participant is not compliant in a month of TCA receipt  Florida Statute has provided exceptions to penalties for certain circumstances

Exceptions to Penalties  Noncompliance related to:  Childcare  Domestic Violence  Treatment or Remediation of Past Domestic Violence  Medical Incapacity  Outpatient Mental Health or Substance Abuse Treatment  Medical Incapacity by a SSI/SSDI Applicant  Other Good Cause

Deferrals  Continue to be mandatory  May be excused from participation in work activities for a specified period of time  Alternative activities must be assigned that will move the individual back to participation  Time limits continue to apply  Follow-up requirements

Noncompliance Related to Childcare  Child under 6  Family proves an inability to obtain suitable childcare  Within a reasonable distance from the individual’s home or worksite  In an informal setting, or  That is appropriate and affordable (formal)  Alternative plan requirements

Noncompliance Related to Domestic Violence  Work requirements would make it probable that the individual would not be able to escape domestic violence  Must comply with an Alternative Requirement Plan (ARP) that prepares the individual for self sufficiency while providing for the safety of the individual and dependents

Noncompliance Related to Treatment or Remediation of Past Effects of Domestic Violence  Unable to comply with work requirements due mental or physical impairment related to past incidents of domestic violence  The individual must comply with an alternative requirement plan designed to prepare the individual for self- sufficiency while providing for the safety of the individual and dependents  The plan must include counseling or a course of treatment necessary for the individual to resume participation.  The need for treatment must be verified by a licensed physician, psychologist or other professional identified in

Noncompliance Related to Outpatient SAMH Treatment  The individual may be excused up to five hours per week to participate in treatment  The individual may not exceed 100 hours per year  The treatment must be verified by a mental health or substance abuse professional  The attendance must be documented and provided to the RWB provider

Noncompliance Due to Medical Incapacity  A participant cannot comply because of a medical incapacity or limitation  The limitation is documented by a licensed physician  The participant must comply with work activities designed with regards to limitations  The RWB may require evaluation (work or vocational assessment)

Noncompliance for SSI/SSDI Applicants  An individual who verifies (s)he has applied for SSI/SSDI  The decision is pending and the application or appeal remains current  The individual must verify medical limitations  The individual must comply with activities designed with regards to documented limitations

Medical Incapacity Documentation  If a participant is excused from work activities based on medical incapacity, the documentation must include:  The nature of the medical incapacity  The duration of the incapacity  The number of hours per week the individual can participate in activities  The percentage of the individual’s disability  Other limitations on participation in work activities  The course of treatment necessary to resume participation

Other Good Cause Exceptions  Circumstances out of the individual’s control  Other reasons approved by the RWB and outlined in the local operating procedures

Local Operating Procedures  Documentation  When is documentation required to support good cause?  When is documentation required to support deferrals?  How often does a licensed physician have to update medical documentation?  Follow-up  How often is a deferral reviewed?  How often is the IRP with alternative requirements updated?  What is the process for vocational or work assessments?

QUIZ TIME!  If a participant provides documentation of an SSI/SSDI application, (s)he does not have to participate in WORK activities?  YES  NO

Answer  NO! A participant may be excused from work activities if (s)he documents a medical incapacity  Supported under (f) and (11)

QUIZ TIME!  If a participant needs to participate in treatment more than 5 hours per week, the RWB can accept the treatment attendance sheet to enter a deferral?  Yes  No

Answer  No  Not participating in work activities beyond 5 hours per week requires verification by a licensed physician or proof of in-patient participation  The RWB must secure verification for participation in treatment and participation with the Alternative Requirement Plan

QUIZ TIME!  The participant attends orientation. He states he cannot work due to a back injury. The career manager should enter a deferral and provide the participant with an IRP that requires the participant to secure documentation of limitations by a licensed physician.  True  False

Answer  False  The participant should be assigned to a countable work activity that is sensitive to the participant’s claim. The participant should be informed of the ability to be engaged in alternative requirements, but documentation signed by a licensed physician is required. Information regarding documentation should be discussed, and the participant should be provided with a Medical Verification Form. The IRP should be updated with both the countable work activity and the need to secure verification of medical limitations.