Disability Adult Criteria / Exemptions
This category contains forms, policy materials, hearing decisions, court decisions, and practice materials concerning determination of the disability status of adults under the TAFDC regulations.
Because the regulations controlling these determinations are mostly the same as those controlling disability determinations for EAEDC purposes, you may also want to check http://www.masslegalservices.org/cat/2214, the category containing EAEDC disability determination materials.
Resources in this Category
ALL Agency Rules & Procedures Practice Materials Secondary Sources
| Title | Date | ||
|---|---|---|---|
| Client legal education: Substance Abuse and Basic Benefits A series of questions and answers on benefits eligibility for persons with substance abuse histories including TAFDC and Food Stamp eligibility rules for persons with drug felony convictions, disability exemptions and good cause provisions. | 1/1/2002 | ||
| DES Functional Capacity Questionnaire | 7/21/2008 | ||
| DES Mental Impairment Questionairre | 7/21/2008 | ||
| Disability Supplement for EAEDC or TAFDC: Tips for Filling out the Form Tips on how to fill out the Department of Transitional Assistance's Disability Supplement for benefits under EAEDC (Emergency Aid to the Elderly, Disabled and Children) or TAFDC (Transitional Aid to Families with Children). | 12/11/2002 | ||
| Disability Supplement Form (Spanish) for TAFDC (Revised 2/2004) | 4/7/2005 | ||
| Disability- DES Tracking Form (DTF) | 12/1/1998 | ||
| Disability: Thibault Litigation Settlement Review | 1/1/2003 | ||
| Field Op 01-009 Participation in the Employment Services Program | 2/20/2001 | ||
| Field Op 2002-13 Good Cause Criteria for TAFDC and EAEDC and the TAFDC Good Cause Medical Statement for Non-Presumptive Claims of Disability | 5/22/2002 | ||
| Field Op 2003-01: Thibault Settlement - TAFDC - Part I As a result of the Thibeault Settlement Agreeement, the Department has agreed to provide retroactive relief to certain current TAFDC recipients and a notice to certain former TAFDC recipients whose disability application had been previously denied by HealthPro for reasons other than failing to meet the requirements of the Initial Appointment for Medical Treatment (IAMT) letter... | 1/6/2003 | ||
| Field Op 2003-01a : Thibault Settlement - Notice Problem | 1/16/2003 | ||
| Field Op 2003-02 : Thibault Settlement - TAFDC - Part II As a result of the Thibeault Settlemetn Agreeement, the Department has agreed to provide retroactive relief to certain current TAFDC recipients and a notice to certain former TAFDC recipients whose disability application had been previously denied by HealthPro for reasons other than failing to meet the requirements of the Initial Appointment for Medical Treatment (IAMT) letter... | 1/6/2003 | ||
| Field Op 2003-17: Health Insurance Portablility and Accountablilty Act (HIPAA) In April of 2003 the provisions of HIPAA went into effect. These federal privacy provisions protect patients' medical records and other health information provided to health plans, doctors, hospitals, pharmacies and other health care providers. These provisions also provide patients with access to their medical records and more control over how their personal health information is used and disclosed. | 8/1/2003 | ||
| Field Op 2004-19: Disability Window Discrepencies The Department recently automated the flow of information to the Disability window with information received from PRO (DES) and SSA tape files in an effort to streamline the disability process. Field Operations Memo 2004-1 (dated January 30, 2004) told TAO staff about the automated process. | 4/9/2004 | ||
| Field Op 2004-23: EAEDC and TAFDC - Disability Window Issue This field Op Memo addresses three issues called into the System's Help Desk regarding the automated disability process. | 6/1/2004 | ||
| Field Op 2004-33: Enhancements to automated process on the disability window The automated process on the Disability Window is being enhanced with the August mailings of Medical Reports and Disability Supplements from BEACON. This Field Operations Memo tells TAO staff about the enhancements as well as two new reports on Actuate to help AU Managers track the AUs sent a Medical Report and Disability Supplement. | 8/16/2004 | ||
| Field Op 97-007 Auto. Mailing of Expired TAFDC Disab. Sup. | 2/1/1997 | ||
| Field Op 97-029 TAFDC Disability Reviews | 5/19/1997 | ||
| Field Op 97-037 Disability Determination for Recip. of Categ. 7 (MA/DA) | 7/18/1997 | ||
| Field Op 99-002 Thibault v. DTA Lawsuit | 1/7/1999 | ||
| Field Op 99-002A Thibault v. DTA Lawsuit | 1/27/1999 | ||
| Field Op 99-002B Thibault v. DTA Lawsuit | 1/5/1999 | ||
| Field Op 99-002C Thibault v. DTA Lawsuit | 2/9/1999 | ||
| Field Op 99-002D Thibault v. DTA Lawsuit | 3/12/1999 | ||
| Field Op 99-002E Thibault v. DTA Lawsuit | 7/6/1999 | ||
| Field Op 99-002F Thibault v. DTA Lawsuit | 10/3/2000 | ||
| Field Op 99-006B SDX Noncitizen Indicator Code Match; Disabled Indicator | 4/6/1999 | ||
| Field Op Memo 2008-31: MassHealth: The Children’s Behavioral Health Initiative (CBHI) – Standardized Behavioral Health Screenings for MassHealth Members Under the Age of 21 The Children’s Behavioral Health Initiative (CBHI) is the result of the decision in the Rosie D. et. al. v. Patrick lawsuit. It is a joint collaboration between the Executive Office of Health and Human Services (EOHHS) and MassHealth to implement the decision and to take additional steps to promote the behavioral health of MassHealth-enrolled children under the age of 21. As part of the CBHI, MassHealth is improving its education and outreach to MassHealth members, providers, members of the public, and private and state agency staff who come into contact with MassHealth-enrolled children under the age of 21 about Early Periodic Screening, Diagnosis and Treatment (EPSDT) services as well as other preventive care services provided through MassHealth. This memo contains details about behavioral health screening services. | 7/28/2008 | ||
For some, fear over welfare changes (Boston Globe article)Disabled parents worry they won't be able to meet new work requirements. | 4/29/2005 | ||
| FYI TAFDC Nonpresumptive Disability Exemptions Procedures for case workers to follow if a recipient with a nonpresumptive disability exemption request (second or later request) is found disabled. [Ed. note: Good Cause Medical forms can be used to excuse people in this position from required activities while the exemption requests are pending.] | 12/25/2003 | ||
| FYI: Completion of Disability Evaluation Services (DES) Medical Release Forms Explains DES requirements for medical release forms, including that every individual provider at a particular clinic must be listed separately on a separate form. Case workers are responsible for contacting clients when additional release forms are needed. Missing or incorrectly completed release forms should not delay case worker processing of the disability claim or an application for benefits. | 11/22/2006 | ||
| Hotline Focus for 02/99 TFADC: notice of second disability denial; TAFDC: verifying domestic violence for dv waiver purposes-- including caseworker responsibilities; TAFDC: domestic violence waivers of the work requirement, recipients' right to apply for dv waivers despite caseworker thinking they do not qualify. | 2/1/1999 | ||
| Hotline Focus for 03/02 TAFDC: child support for child on SSI not countable; TAFDC: disability exemption request counts as first request if first in 5 year clock cycle; EA: no school requirement, eligibility for pregnant women at any stage of pregnancy. | 3/1/2002 | ||
| Hotline Focus for 05/02 SSI Special Benefits for disaster and moving; TAFDC exemptions in two-parent families where one parent is disabled; FS work requirement and school employees over summer vacation; transportation and lodging as part of excess medical deductions for FS. | 5/1/2002 | ||
| Hotline Focus for 06/98 TAFDC: recipients enrolling in community college near end of time limit eligible for child care and transportation but may not get extension; time clock in two-parent households and households where one parent moves out; accessing EBT cards out of state; FS: immigrant work quarters; TAFDC: eligibility for pregnant women with family cap date and no children living with them; TAFDC: time clock for recipient denied disability exemption; TAFDC: exemptions for parent with child under two who has gotten waiver or exception to family cap rule. | 6/1/1998 | ||
| Hotline Focus for 08/98 TAFDC: start of 60 month time clock; TAFDC: sanctioning of dependent child teen not meeting ESP requirements; TAFDC: teen parent in custody of DSS; TAFDC: how to adjust time clock upon approval of disability exemption. | 8/1/1998 | ||
| Hotline Focus for 12/96 | 12/1/1996 | ||
| Parents with Disabilities Client flier describing the TAFDC rules for parents with disabilities. | 9/30/2002 | ||
| PS 98-01: Determining Disability for Applicants and Recipients Alleging Drug and Alcohol Addiction (DAA) Revised December 13, 2005. This is the revised version. | 7/15/1998 | ||
| PS 98-02: Establishing Onset Date of Disability | 7/15/1998 | ||
| PS 98-03 Establishing Duration (Review) Dates Revised January 19, 2006. This is the revised version. | 7/28/1998 | ||
| PS 98-04 Processing a Priority Case Revised March 1, 2006. This is the revised version. | 9/23/1998 | ||
| PS 98-05 Use of "Good Cause" related to CE appts. Revised April 24, 2006 to comply with Thibault litigation. This is the revised version. | 9/16/1998 | ||
| PS 98-06 Determining Severity This document was revised on March 1, 2006. The revised version is posted here, as it replaces the one written in 1998. | 9/24/1998 | ||
| PS 98-07 Clarification of Procedures Regarding the Assignment of Disability Duration This PS is no longer in effect; it was superseded with the revision of Procedural Standard 98-3 dated January 19, 2006. | 9/23/1998 | ||
| PS 99-02 Medical Equivalence for adults and children | 2/22/1999 | ||
| PS 99-03 Pursuit of supplemental information from a treating provider This memo was revised June 2, 2008. Attached is the revised version. | 6/2/2008 | ||
| PS 99-04 Role of Nurse Practicioners, PAs, and LICSW in CE Process | 3/10/1999 | ||
| PS 99-05 Consultative examinations by psychiatrist and psychologists - revision | 9/20/1999 | ||
| PS 99-06 Utilization of Interpreters for Consultative Examination Process This document was revised in 2006; the revised version is attached. | 6/30/2006 | ||
| PS 99-07 Documentation | 6/2/1999 | ||
| PS 99-08 Documentation Methods | 6/2/1999 | ||
| PS 99-09 Equivalencies for FVC, FEVl, Wt/Ht, Hct, PO2/PCO2, Renal Impairment | 6/9/1999 | ||
| PS 99-10 Determining conditions or diagnoses requiring additional information | 7/14/1999 | ||
| PS 99-11 Unanticipated clinical finding during consultative examination Revised January 11, 2005. This is the revised version. | 8/24/1999 | ||
| PS 99-12 Reassignment of open cases to Team 100 | 8/30/1999 | ||
| PS 99-13 Procedure for processing prior approvals with time remaining This form was revised in 2006. The revised version is attached. | 4/24/2006 | ||
| PS 99-16 Use of Medicaid Management Information System (MMIS)/ MA 21 Information to Facilitate Processing of Disability Determinations This procedural memo was updated on August 4, 2008. Attached is the updated memo. DES will use MMIS information to
obtain address information for EAEDC and TAFDC clients and to clarify whether a case has been closed by DTA
for administrative reasons during DES processing of the case, and to clarify whether a client has been approved for SSI. DES determinations should continue if DTA cases close for failure to meet work requirement or because of time limit. | 8/4/2008 | ||
| PS 99-19 SSA Ruling: Revised Medical Criteria | 10/19/1999 | ||
| PS 99-20 Case File Order | 11/16/1999 | ||
| PS 00-01: Voice Mail Message Log | 3/20/2000 | ||
| PS 00-03: Requesting Consultative Examinations | 5/30/2000 | ||
| PS 00-04: Release of Medical Information This issuance is no longer in effect. See Procedural Standards PS 04-1, 04-2, and 04-3 for current language regarding similar issues. | 9/9/1999 | ||
| PS 00-05: Incomplete Dictations of CE Reports and Multiple copies of CE Reports | 6/15/2000 | ||
| PS 00-06: Disability determination on over 60 day cases | 7/6/2000 | ||
| PS 00-07: Threats of violence to self or others | 8/2/2000 | ||
| PS 01-2: Medical Equivalence for Psychotic Depression | 4/7/2001 | ||
| PS 01-3 Preference Calls | 8/16/2001 | ||
| PS 01-4 Documentation of SSI/DTA criteria standards | 11/14/2001 | ||
| PS 01-5 Determination of disability review date for vocational allowances | 11/7/2001 | ||
| PS 02-1: SSI Revised Criteria This Procedural Standard describes the SSI Revisions to criteria effective February 19, 2002, that were announced in the May, 2002 edition of Social Security eNews.. | 7/1/2002 | ||
| PS 03-01: Evaluation of Disability on the Basis of Mental Disorders This Procedural Standard provides an overview of SSI and Department of Transitional Assistance regulations regarding the evaluation of disability on the basis of mental disorders. | 2/26/2003 | ||
| PS 03-02: DES Data Protection Policies and Procedures For the purposes of this policy Disability Evaluation Services (hereinafter referred to as DES) workforce shall include all DES employees as well as certain other personnel, such as contractors, consultants, interns, and volunteers, who perform services for DES, either on the premises of DES, or at some other remote location. All workforce members must follow these policies and procedures. | 6/11/2003 | ||
| PS 03-3: DES Data Protection Policies and Procedures For the purposes of this policy Disability Evaluation Services (hereinafter referred to as DES) workforce shall include all DES employees as well as certain other personnel, such as contractors, consultants, interns, and volunteers, who perform services for DES, either on the premises of DES, or at some other remote location. All workforce members must follow these policies and procedures. | 6/11/2003 | ||
| PS 04-01: Inadvertent Disclosure of Protected Health Info For the purposes of this policy the Disability Evaluation Services (hereinafter referred to as DES) workforce shall include all DES employees as well as certain other personnel, such as contractors, consultants, interns, and volunteers, who perform services for DES, either on the premises of DES, or at some other remote location. All workforce members must follow these policies and procedures. | 5/5/2004 | ||
| PS 04-02: Disclosure of Protected Health Info to Client/ Legal Rep. The purpose of h s guideline is to insure the proper and timely release of medical recordscontaining protected health information (PHI) requested by clients, legal representatives andor eligibility representatives. This guideline should also insure properdocumentation of additional correspondence and exchange of information regarding cases. Additionally, this documentation will cover guidelines for documenting and responding to subpoenas. Page 5) | 6/15/2004 | ||
| PS 04-03: Disclosure of Helath Information to Third Party The purpose of this guideline is to insure the proper and timely release of medical records containing protected health information (PHI) requested by third parties. This guideline shouldalso insure proper documentation of additional correspondence and exchange of information regarding cases. Additionally, this documentation will cover guidelines for documenting and responding to subpoenas. (page 6) | 6/15/2004 | ||
| PS 05-1: Determining Pregnancy-Related Disability Claims DES procedural memo to its staff regarding how to determine when pregnant women meet the disability standards for EAEDC and TAFDC. | 11/23/2005 | ||
| PS 06-01: Development of Medical and Other Informaiton in DTA-Originated Cases Explains DES' procedures for handling DTA-originated cases where the available information is insufficient to determine that the individual meets SSI disability standards. | 6/1/2007 | ||
| PS 06-02: Reopening a Prior Determination This memorandum summarizes the situations when reopening of a prior determination is appropriate and describes the procedures to follow in reopening and closing the case. | 7/3/2006 | ||
| PS 08-1: Review of Prior Application(s) in the Disability Review Process DES must review all prior DES disability files of a recipient when making determinations on new claims. Memo provides procedures for doing this. | 6/2/2008 | ||
| PS 08-2: Weighing Medical Opinions Treating source medical opinions are given controlling weight in the disability determination process unless they are not well-supported by objective clinical evidence or are in conflict or inconsistent with other medical and/or non medical evidence in the file. Such situations require a careful analysis of all available information and may involve numerous considerations including the quality, consistency and detail of the evidence provided as well as the specialty and expertise of the other medical sources. The file must contain a written explanation of the resolution of conflicting information as well as the reasoning for assigning weight to treating source or other medical opinions. | 6/2/2008 | ||
| TAFDC Disability Supplement Form (TAFDC-DS) | 4/12/2005 | ||





