State of Florida Jeb Bush Department of Children …

1 Jeb Bush State of Florida Governor Department of Children and Families Lucy D. Hadi Secretary MEMORANDUM. DATE: September 2, 2005 TRANSMITTAL NO: C-05-09-0009. TO: district Economic Self-Sufficiency Services Program Administrators (1-4, 7-15). Suncoast Region Economic Self-Sufficiency Services Program Administrator FROM: Jennifer Lange, Chief, Program Policy (Signature on File)\. SUBJECT: Obviously Mentally or Physically Unfit for Employment The purpose of this memorandum is to clarify when an individual meets the obviously mentally or physically unfit for employment exemption for food stamp work registration and employment and training (FSET) participation. Refer to Transmittal P04-12-0019. Able Bodied Adults Without Dependents (ABAWDs) for information about other food stamp work registration and participation exemptions and ABAWD exceptions ~ess/ Policy: The eligibility specialist determines when an individual meets the definition of obviously mentally or physically unfit for employment.

2 Individuals meeting this definition are exempt from food stamp work registration and employment and training (FSET). participation. Definition: Individuals are obviously unable to participate due to a physical or mental incapacity if the physical or mental impairment(s) is of such severity that the individual is not only unable to do their previous work but cannot, considering education and work experience, engage in any other kind of substantial gainful work which exists in the national/ State /local economy. A determination of obviously unable to participate may be made when the individual attends a face-to-face interview or when a telephone interview is held. Discussion of the individual's abilities to work or participate in work activities is required to make this determination. If after the discussion, it is obvious the individual is likely to be unable to participate in activities assigned by the One Stop Center, an exemption should be given.

3 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700. The mission of the Department is to protect the vulnerable, strengthen families and promote individual and family economic self-sufficiency. Obviously Mentally or Physically Unfit for Employment Page 2. The individual should not be asked to get a physician's statement if they express supportive information either verbally or in writing that they are unable to work or participate in a work program. Individuals who are referred to the Regional Workforce Board (RWB) may be determined obviously unable to work, if the RWB determines during interviews or activities that the individual is obviously unable to work or participate. The RWB may contact the eligibility specialist with the supportive information, indicating the individual meets the definition of obviously mentally or physically unfit for employment. In these cases, the eligibility specialist must accept the RWB's assessment and change the participation status of the individual on Florida .

4 If there are any policy questions, district /zone offices should contact Connie Mathers at 850-921-5578 or Suncom 291-5578. cc: Director (Shaver). Chief Information Officer, DCF Information Systems (Brock). Florida Operations (Poirier, Anderson, Love). Florida Help Desk (Kenyon). Program Policy (Lewis, Schilling, Grignon). Program Integrity (Ransdell, Bowman). Quality Control (Pearce). Appeals Hearings (Pritchard). Florida Legal Services (Huddleston). Office of General Counsel (Minnis). Data Analysis (Hudgens). AWI (Scott, Malone). Jeb Bush Governor Lucy D. Hadi Interim Secretary MEMORANDUM. DATE: December 3, 2004 TRANSMITTAL NO: P-04-12-0019. TO: district Economic Self-Sufficiency Services Program Administrators (1-4, 7-15). Suncoast Region Economic Self-Sufficiency Services Program Administrator FROM: Jennifer Lange, Chief, Program Policy (Signature on File). Suzanne Poirier, Chief, Florida Operations (Signature on File).

5 SUBJECT: Able Bodied Adults Without Dependents (ABAWDs). The purpose of this memorandum is to provide information about food stamp time limits and how to identify the status of vulnerable ABAWDs. Policy in manual passages related to ABAWDs is being amended to accommodate changes to Labor Surplus Areas (LSAs). ABAWD Provisions ABAWDs are persons 18 through 49 years of age who do not have dependent Children . Vulnerable ABAWDs are individuals who are not exempt from food stamp employment and training (FSET) work registration and participation, do not meet an exception to the ABAWD time limits, or do not reside in a Labor Surplus Area. These vulnerable ABAWDs may receive food stamps in three un-prorated months out of a 36-month period unless they are meeting work requirements. The current 36-month period began December 1, 2002 and will end November 30, 2005. A new 36-month period will begin December 1, 2005.

6 Vulnerable ABAWDs in Florida will be eligible to receive only three un-prorated months of food stamps between the effective date of January 1, 2005 and November 30, 2005, unless they are meeting these work program requirements: Working 20 hours per week; *. Participating in and complying with a Workforce Investment Act (WIA), Trade Act, or employment and training program 20 hours per week; *. Working and participating in and complying with a Workforce Investment Act (WIA), Trade Act, or employment and training program in any combination for 20 hours per week; * or Able Bodied Adults Without Dependents (ABAWDs). Page 2. Participating in and complying with a workfare program*. *For purposes of this provision, 20 hours a week averaged monthly means 80. hours a month. The individual working 20 hours per week does not have to be paid for the work. Compliance with workfare program requirements is computed by dividing the food stamp monthly benefit by the minimum wage.

7 The result is the number of hours of workfare participation required per month. The time limit does not apply and the individual is not a vulnerable ABAWD if he or she meets any of the following exceptions or exemptions: Exceptions to the ABAWD Time Limit (1) Is under 18, or 50 years of age or older;. (2) Is determined to be medically certified as physically or mentally unfit for employment. An individual is medically certified as physically or mentally unfit for employment if he or she: (i) Is receiving temporary or permanent disability benefits issued by governmental or private sources;. (ii) Is obviously mentally or physically unfit for employment as determined by the eligibility specialist. Individuals are obviously unable to participate due to a physical or mental incapacity if the physical or mental impairment(s) is of such severity that the individual is not only unable to do their previous work but cannot, considering education and work experience, engage in any other kind of substantial gainful work which exists in the national/ State /local economy.

8 (iii) If the unfitness is not obvious, it must be verified with a written or verbal statement from a physician, physician's assistant, nurse, nurse practitioner, designated representative of the physician's office, a licensed or certified psychologist, a social worker, or other medical personnel indicating the individual is physically or mentally unfit for employment. (3) Is a parent (natural, adoptive, or step) of a standard filing unit (SFU) member under age 18, even if the SFU member who is under 18 is not himself eligible for food stamps;. (4) Is residing in a SFU where an SFU member is under age 18, even if the SFU. member who is under 18 is not himself eligible for food stamps; or (5) Is pregnant. Able Bodied Adults Without Dependents (ABAWDs). Page 3. FSET Exemptions (1) Is responsible for the care of an incapacitated person. The incapacitated person does not have to live at the same residence or be a part of the food stamp household.

9 (2) Is receiving unemployment compensation or has applied for, but is not yet receiving unemployment compensation, if that person is complying with work requirements that are part of the Federal- State unemployment compensation application process;. (3) Is a regular participant in a drug addiction or alcoholic treatment and rehabilitation program. The individual does not have to reside in the facility. However, participation in Alcoholics or Narcotics Anonymous does not meet the criteria for a treatment program;. (4) Is employed or self-employed person working a minimum of 30 hours weekly or earning weekly wages at least equal to the federal minimum wage multiplied by 30 hours; or (5) Is a student enrolled at least half time in any recognized school, training program, or institution of higher education. (6) Is complying with Refugee Assistance Program (RAP) work requirements. Labor Surplus Areas FSET work program services are not available in areas of the State that are part of the Labor Surplus Areas (LSAs) Waiver.

10 The ABAWD time limits do not apply to individuals who reside in these areas. Even though ABAWDs residing in LSA. counties are not time limited, they should be identified with a participation code 18 , code 52 , or code 66 and an N entry in the vulnerable ABAWD Y/N. field on the AGPI screen (see Florida instructions). The labor surplus areas are: Counties Brevard Hendry Miami-Dade Broward Highlands Okeechobee DeSoto Holmes Palm Beach Dixie Indian River Polk Glades Jefferson Sumter Hamilton Lafayette St. Lucie Hardee Martin Taylor Able Bodied Adults Without Dependents (ABAWDs). Page 4. The federal waiver, excluding residents of LSAs from time limits must be re- evaluated each year. The FSET Program now serves only vulnerable ABAWDs, however, other Regional Workforce Board programs and services may be available to other individuals. DCF must continue to properly work register all mandatory food stamp applicants and recipients.