State of Florida Department of Children and Families MEMORANDUM. DATE: September 2, 2005 TRANSMITTAL NO: C

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1 State of Florida Department of Children and Families Jeb Bush Governor Lucy D. Hadi Secretary MEMORANDUM DATE: September 2, 2005 TRANSMITTAL NO: C TO: FROM: District Economic Self-Sufficiency Services Program Administrators (1-4, 7-15) Suncoast Region Economic Self-Sufficiency Services Program Administrator 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 P Able Bodied Adults Without Dependents (ABAWDs) for information about other food stamp work registration and participation exemptions and ABAWD exceptions Policy: The eligibility specialist determines when an individual meets the definition of obviously mentally or physically unfit for employment. 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 Winewood Boulevard, Tallahassee, Florida The mission of the department is to protect the vulnerable, strengthen families and promote individual and family economic self-sufficiency.

2 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. If there are any policy questions, district/zone offices should contact Connie Mathers at or Suncom 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)

3 Jeb Bush Governor Lucy D. Hadi Interim Secretary MEMORANDUM DATE: December 3, 2004 TRANSMITTAL NO: P TO: FROM: District Economic Self-Sufficiency Services Program Administrators (1-4, 7-15) Suncoast Region Economic Self-Sufficiency Services Program Administrator Jennifer Lange, Chief, Program Policy (Signature on File) Suzanne Poirier, Chief, FLORIDA Operations (Signature on File) 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, A new 36-month period will begin December 1, 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

4 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. 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. (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.

5 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; (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. 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

6 Page 4 The federal waiver, excluding residents of LSAs from time limits must be reevaluated 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. Mandatory individuals residing in LSA counties should be assigned a participation code of 01, 02, 03, 18, 52, or 66 and should be required to sign the Food Stamp Work Registration Form CF-ES Countable Months The three time-limited months of eligibility do not have to be consecutive months, nor do the food stamps need to have been received in Florida. Any month the individual receives food stamps for the full benefit month without meeting at least one of the program work requirements is counted as time limited unless the individual meets an exception to the time limit or an FSET exemption. Applications When an application for food stamps is received on or after January 1, 2005, the Economic Self-Sufficiency Specialist (ESS) will determine if any of the individuals applying are vulnerable ABAWDs and must have the Food Stamp Work Registration Form CF-ES 2095 signed for all mandatory individuals. If an applicant is a vulnerable ABAWD, the ESS will determine if the individual has received three months of food stamps in which they did not meet at least one of the work requirements and were not exempt from FSET participation, or they met an exception to the ABAWD time limit. Any month prior to January 1, 2005, should not be considered in the calculation of the time limit. If the vulnerable ABAWD has already received three time-limited months, the ESS will determine if the individual is currently meeting at least one of the work requirements. Individuals who have not exhausted their time limits or who are currently meeting the work requirements may be approved for food stamps. They must also be referred to the Regional Workforce Board (RWB) electronically by coding them correctly on the AGPI screen. Vulnerable ABAWDs who have exhausted their time limit and who are not meeting at least one of the work requirements are not eligible for food stamps and action should be taken to deny their application. EXAMPLE Mr. Smith, age 33, applies for food stamps on June 02, He does not meet at least one exception to the time limit or FSET exemption listed above. The ESS looks back to January 1, 2005, and determines Mr. Smith received food stamps in February 2005, March 2005, and May 2005, and he did not work or meet any of the work requirements during those months. The time limit for ABAWDs policy was

7 Page 5 explained to Mr. Smith when he applied for food stamps in December Mr. Smith already received three time-limited months of food stamps in the last 36 months and is not currently working or complying with a food stamp work program. He is not eligible for food stamps at this time and his application is denied. Active Cases Individuals in active cases who meet the vulnerable ABAWD criteria will receive a Mass Change Notice prior to January 1, The notice will explain the three out of 36-month time limit and the work requirements. A copy of the notice is attached. The RWB will determine if the individual is working, participating in a work program, working and participating in a work program, or participating in workfare each month. If the individual is not meeting these requirements, the RWB will notify DCF staff by requesting a sanction. Any month the individual receives food stamps for the full month and is not meeting at least one of these work requirements will count as one of the three of 36 time-limited months. In some situations, a sanction request is sent by the RWB late in the last month of a certification period or after a case is closed. The sanction request is never received by an ESS and is therefore never imposed. When the individual reapplies, the ESS will have no knowledge of the prior sanction request. If the case is approved, the RWB will notify the ESS of the prior request and the ESS will take the appropriate action to determine if the minimum sanction period has been served or if the individual met an FSET exemption. If the individual has not served the minimum sanction period and did not meet an exemption, the sanction should be imposed effective the first month after 10-day notice can be provided. Regaining Eligibility Individuals who have had their food stamps denied or closed after receiving benefits for three out of 36 months without meeting an exception or exemption may regain eligibility for food stamps if, during the month prior to the month of application, the individual does one of the following: Works 80 or more hours; Participates in and complies with a work program for 80 or more hours; Works and participates in any combination in a work and participation program for a total of 80 or more hours; Participates in and complies with a workfare program; or Meets an exception to the time limit.

8 Page 6 There is no limit on how many times an individual may regain eligibility and subsequently maintain eligibility by complying with and meeting the work requirement. EXAMPLE On July 25, 2005, the same Mr. Smith submits an application for food stamps. He provides verification that he has been employed with a construction company where he works 28 hours per week. The ESS determines Mr. Smith has worked more than 80 hours in June, the month prior to the month of application and has met the criteria for regaining food stamp eligibility. Since he has complied with requirements to regain eligibility and he is continuing to meet at least one of the work requirements, the ESS approves him for food stamps. He is referred electronically to RWB by entering a Y in the vulnerable ABAWD Y/N field and an 18 in the participation status field on the AGPI screen. Reporting Requirements ABAWD households are assigned a six-month certification period. It is the responsibility of the vulnerable ABAWD or RWBs to report if hours of work, hours of participation in a work program, or combination of hours of work and of participation in a work program, fall below the mandatory 20 hours per week, or 80 hours per month. This is a reporting requirement in addition to the simplified reporting requirements. The RWB will notify our agency that the individual is not meeting the 20 hours per week work requirements by requesting a sanction. The month of noncompliance will count as a time-limited month. If the sanction request is received after pull down, the month of noncompliance and the following month will count as timelimited months. If, in this situation, the individual meets at least one of the work requirements during the month following the noncompliant month, the sanction will not be imposed. The sanction is imposed or lifted according to current sanctioning policy. Minimum sanction periods of one month, three months, and six months still apply to individuals who fail to comply with these requirements. Note: An 18 year old becomes subject to the vulnerable ABAWD rules the first full month he /she is 18. Even though a change in age is not a change that must be reported, individuals reaching age 18 must be referred to the RWB for participation unless an FSET exemption or vulnerable ABAWD exception is met or the individual resides in an LSA. An expected change should be scheduled on the AWEC screen for the birthday month or the Age change 18 alert should be used to identify individuals turning 18.

9 Page 7 Good Cause If a vulnerable ABAWD would have met the work requirements of 20 hours per week but missed some hours for good cause, the individual is considered to have met the work requirement if the absence is temporary. The same good cause deferral reasons used for individuals in food stamp employment and training (FSET) are used for vulnerable ABAWDs. The RWB will contact the vulnerable ABAWD to allow a claim of good cause prior to requesting a sanction. If the vulnerable ABAWD shows good cause prior to the RWB sanction request or to our agency prior to the end of the 10 days of adverse action, the sanction will not be imposed. Benefit Extension When an individual regains eligibility and then stops working or stops complying with work requirements, the individual may be eligible for a benefit extension of one consecutive three-month period. The extension will begin the date the individual notifies the agency or the agency becomes aware that he no longer meets the work requirements. If the individual does not notify the agency about this change and continues to receive food stamps, a benefit recovery referral should be made for any months of food stamps the individual receives after the three months benefit extension would have expired. An individual may not receive this second three months of food stamps more than once in the 36-month period, and the individual must have fully exhausted his time limit of three months before this additional three months is allowed. EXAMPLE In September 1, 2005, the same Mr. Smith reports he is no longer employed. The ESS looks back to see that Mr. Smith had exhausted his original three month time limit in February 2005, March 2005, and May He did meet at least one of the work requirements by working in June 2005 through August 2005, when he received food stamps. The ESS determined that Mr. Smith is eligible for a benefit extension of three months since he indicates he is not working and he is not participating in a food stamp work program. He remains eligible for three additional months. If the RWB notifies the ESS that the individual is no longer employed and is not complying with the work program requirements and a sanction is requested, the individual must serve the minimum sanction period. Even though the individual may be eligible for a three-month benefit extension, they would not be eligible for food stamps for the same period of time, due to the minimum sanction period.

10 Page 8 FLORIDA Instructions All vulnerable ABAWDs should be identified on the Welfare Reform Data Tracking (ARDT) screen by entering a Y in the FOOD STAMP TME LMT field. When a Y is selected the ARFS (Welfare Reform Food Stamp Data) screen displays. The ARFS screen is used to collect and maintain information on vulnerable ABAWDs. The questions on the screen should be answered appropriately for each individual. The GRID should be updated when action is taken on a case. Individuals, age 18 through 49, should be identified as vulnerable ABAWDs on the Application Entry Work Programs (AGPI) screen, unless they meet an exception to the vulnerable ABAWD time limit or an FSET exemption. The ABAWD Y/N field on the AGPI screen will indicate if an individual s food stamp benefits are time-limited. For individuals, ages 18 through 49 enter a Y for those who do not meet an exception to the vulnerable ABAWD time limit, an FSET exemption, and who do not reside in an LSA. Enter an N for ABAWDs who do live in an LSA. The FLORIDA system will automatically default the ABAWD field to an N for individuals under 18 or over 49 years of age. Vulnerable Able-Bodied Adults Without Dependents who have exhausted their time limit (3 months in a 36 month period) to receive food stamp benefits will be treated as technically ineligible (Prorated) individuals for food stamps. Complete the Application Entry Ineligibility Data (AOIE) screen with reason code 353 (YOUR TIME LIMIT TO RECEIVE FOOD STAMP BENEFITS HAS ENDED). When denying the case you will also use reason code 353. A FLORIDA notice explaining the time limits will be sent prior to January 1, 2005, to all individuals currently receiving food stamps who are identified as vulnerable ABAWDs. Participation Status on AGPI Code 18 (Mandatory-FSET/ABAWD Only) should be entered in the Participation Status field for vulnerable ABAWDs. In LSA counties, this code should be entered for ABAWDs who would be vulnerable (timelimited) if they live in a non-lsa county. In LSA counties, the ABAWD Y/N question should have an N entry. Code 01 (Mandatory-Registrant Not Head of Household), 02 (Mandatory-SSDI/SSI Disability Pending), and 03 (Mandatory-Head of Household) should be entered when an individual meets an exception to the ABAWD time limit but does not meet an FSET exemption. Example: Parents of a child age 6 and older.

11 Page 9 Code 16 (Remote) does not designate participation status of an individual and should no longer be used. Code 30 (Receiving less than $75 FS benefits (workfare only) should be entered for individuals residing in the five workfare counties only, who do not meet vulnerable ABAWD criteria but would otherwise be mandatory if they were receiving more food stamps. The five-workfare counties are: Escambia, Okaloosa, Walton, Holmes, and Washington. Code 52 (Mandatory-Workfare Referral) should be used for the participation status of mandatory individuals residing in workfare counties including vulnerable ABAWDS. In LSA counties, this code should be entered for ABAWDs who would be vulnerable (time-limited) if they lived in a non-lsa county. Since Holmes county is an LSA and an Optional Workfare county, 52 should be entered in the participation status field and an N should be entered in the ABAWD Y/N field. Time limits will not apply in Holmes County. Code 66 (Mandatory-Refugee Referral) should be used for ABAWDs who are Refugees, Asylees, Cuban-Haitian Entrants, Amerasians, Individuals with Deportation Withheld, and Lawful Permanent Residents with one of the prior statuses. The entry in the Y/N ABAWD field is determined by whether the individual meets a time limit exception, an FSET exemption, or lives in an LSA county. Note: Code 66 is also used for TCA recipients who are mandatory work program participants and have of one of these immigration statuses. It is no longer used to identify FSET mandatory status for non-abawds. Codes 01, 02, or 03 should be used as appropriate for this group. Attached is a chart that shows the Exemptions, Good Cause Deferrals, Mandatory, and ABAWD Time Limit Exceptions. If there are any policy questions, district/zone offices should contact Connie Mathers at or SUNCOM For FLORIDA question please contact Judy Glisson at or SUNCOM Attachment cc: Acting Director (Reinhardt) FLORIDA Operations (Poirier, Anderson, France, Love) FLORIDA Help Desk (Kenyon) Program Policy (Lewis, Schilling, Grignon) Program Integrity (Ransdell, Mickler, Bowman) Quality Control (Pearce) Appeals Hearings (Pritchard) Florida Legal Services (Huddleston) Office of General Counsel (Minnis)

12 Page 10 Data Analysis (Hudgens) AWI (Whitfield, Malone)

13 FOOD STAMP WORK PARTICIPATION CODES Code Exemptions Code Good Cause Deferrals 07 Age not head of household in school 13 Illness (medical limitation) 08 Recipients of Unemployment Compensation 16 Remote (no longer in use) 09 SSI/SSDI individual 22 Confirmed pregnancy 10 Addicts and Alcoholics 23 Transportation unavailable or over 2 hour round trip 11 Student 28 Extreme communication or language limitation as related to the local labor market 12 Child under Receiving less than $75 FS (workfare only) 14 Age 60 or older 34 Enrolled full time in Vista program 15 Physically/Mentally incapacitated (medical 46 Circumstances beyond control limitation) 20 Caretaker of child under 6 48 Lack of child care for ages 6 to 12 years old 21 Employed 30 hours per week 50 One month certification (no longer in use) 31 In stream migrant/farm worker with agreement to begin work within 30 days 57 Voluntary registrant (no longer in use) 64 Care of disabled family member N/A Complying with TCA or RAP work requirements (refer to TWPW table for codes) Mandatory Code Code 01 Mandatory - Registrant Not Head of Household 18 Mandatory FSET/ABAWD Only 02 Mandatory - SSDI/SSI Disability Pending 52 Mandatory Workfare Referral 03 Mandatory Head of Household 66 Mandatory Refugee Referral ABAWD Time Limit Exceptions (Individual is not a Vulnerable ABAWD) Under 18 or 50 years of age or older; 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: a. Is receiving temporary or permanent disability benefits issued by governmental or private sources; b. 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 only if the physical or mental impairment(s) are 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. c. 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. Is a parent (natural, adoptive, or step) of a household member under age 18, even if the household member who is under 18 is not himself eligible for food stamps; Is residing in a household where a household member is under age 18, even if the household member who is under 18 is not himself eligible for food stamps; Is pregnant; Is responsible for the care of an incapacitated person; Is receiving unemployment compensation (UC) or has applied for, but is not yet receiving UC, if that person is complying with work requirements that are part of the Federal/State UC application process; Is a regular participant in a drug addiction or alcoholic treatment and rehabilitation program; 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 Is a student enrolled at least halftime in any recognized school, training program, or institution of higher education.

14 Phone: Mailing Date: Mailing Address Payee Name: Case: Dear XXXXXXX: On January 1, 2005, the Department of Children and Families (DCF) will begin applying the Able Bodied Adults Without Dependents (ABAWDs) time limit. You are being sent this notice because you may meet the rules below and your food stamp benefits may be time-limited. Time Limited Able-Bodied Adults Without Dependents (ABAWDs) Time limited ABAWDs are people who: Are 18 through 49 years of age; Do not have children under the age of 18; Must register for work and attend work regularly, unless excused Do not meet an exception to the ABAWD time limits, Do not live in Labor Surplus Areas (federally approved areas of the state with high unemployment). Time limited ABAWDs may get food stamps in only three full months out of 36-months unless they are meeting work rules. Meeting work rules means: Working 20 hours per week; * Attending a work program 20 hours a week and performing all activities; * Working and attending a work program for a total of 20 hours per week; * Attending and meeting all the rules of a workfare program. *20 hours per week means 80 hours a month. ABAWDs who have a time limit will get only three months of food stamps between January 1, 2005 and November 30, 2005 unless they are meeting all work rules. The time period will start over on December 1, 2005 and ABAWDs will only be able to get another three months of food stamps during the next 36 months unless they are meeting all work rules. Becoming Eligible Again An ABAWD who has already gotten food stamps for three time-limited months may get them again by doing one of the following in the month before applying: Work 80 or more hours; Take part in and meet all rules of a work program for 80 or more hours; Work and attend a work program for a total of 80 hours; or take part in and meet all the rules of a workfare program; or Meet an exception to the ABAWD time limits. If you think this action is incorrect, your worker or your worker s supervisor will be glad to discuss it with you. You also have the right to ask for a hearing before a state hearings officer. If you want a hearing, you must ask for the hearing within 90 days from the mailing date at the top of this notice. You can bring with you, or be represented at the hearing by, anyone you choose, such as a lawyer, relative or friend. You can ask for a hearing by writing, calling or coming into the office. If you need information about how to get free legal advice, contact your worker. If you get food stamp benefits you can also call toll free for a listing of free legal organizations in your area. In accordance with Federal law and our policy, the Department of Children and Families is prohibited from discriminating on the basis of race, color, national origin, sex, age, disability, religion, political belief, or marital status.