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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 Sort By Title, Descending 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
Word Document DES Functional Capacity Questionnaire7/21/2008
Word Document DES Mental Impairment Questionairre7/21/2008
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
PDF Document Disability Supplement Form (Spanish) for TAFDC (Revised 2/2004)4/7/2005
PDF Document Disability- DES Tracking Form (DTF)12/1/1998
PDF Document Disability: Thibault Litigation Settlement Review1/1/2003
PDF Document Field Op 01-009 Participation in the Employment Services Program2/20/2001
PDF Document Field Op 2002-13 Good Cause Criteria for TAFDC and EAEDC and the TAFDC Good Cause Medical Statement for Non-Presumptive Claims of Disability5/22/2002
PDF Document 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
PDF Document Field Op 2003-01a : Thibault Settlement - Notice Problem 1/16/2003
PDF Document 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
PDF Document 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
PDF Document 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
PDF Document 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
PDF Document 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
PDF Document Field Op 97-007 Auto. Mailing of Expired TAFDC Disab. Sup.2/1/1997
PDF Document Field Op 97-029 TAFDC Disability Reviews5/19/1997
PDF Document Field Op 97-037 Disability Determination for Recip. of Categ. 7 (MA/DA)7/18/1997
PDF Document Field Op 99-002 Thibault v. DTA Lawsuit1/7/1999
PDF Document Field Op 99-002A Thibault v. DTA Lawsuit1/27/1999
PDF Document Field Op 99-002B Thibault v. DTA Lawsuit1/5/1999
PDF Document Field Op 99-002C Thibault v. DTA Lawsuit2/9/1999
PDF Document Field Op 99-002D Thibault v. DTA Lawsuit3/12/1999
PDF Document Field Op 99-002E Thibault v. DTA Lawsuit7/6/1999
PDF Document Field Op 99-002F Thibault v. DTA Lawsuit10/3/2000
PDF Document Field Op 99-006B SDX Noncitizen Indicator Code Match; Disabled Indicator4/6/1999
PDF Document 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
Word Document 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
PDF Document 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
PDF Document 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
PDF Document 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
PDF Document 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
PDF Document 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
PDF Document 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
PDF Document 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
PDF Document Hotline Focus for 12/9612/1/1996
Parents with Disabilities

Client flier describing the TAFDC rules for parents with disabilities.

9/30/2002
PDF Document 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
PDF Document PS 98-02: Establishing Onset Date of Disability 7/15/1998
PDF Document PS 98-03 Establishing Duration (Review) Dates

Revised January 19, 2006. This is the revised version.

7/28/1998
PDF Document PS 98-04 Processing a Priority Case

Revised March 1, 2006. This is the revised version.

9/23/1998
PDF Document 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
Word Document 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
PDF Document 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
PDF Document PS 99-02 Medical Equivalence for adults and children 2/22/1999
Word Document 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
PDF Document PS 99-04 Role of Nurse Practicioners, PAs, and LICSW in CE Process3/10/1999
PDF Document PS 99-05 Consultative examinations by psychiatrist and psychologists - revision 9/20/1999
Word Document PS 99-06 Utilization of Interpreters for Consultative Examination Process

This document was revised in 2006; the revised version is attached.

6/30/2006
PDF Document PS 99-07 Documentation6/2/1999
PDF Document PS 99-08 Documentation Methods6/2/1999
PDF Document PS 99-09 Equivalencies for FVC, FEVl, Wt/Ht, Hct, PO2/PCO2, Renal Impairment6/9/1999
PDF Document PS 99-10 Determining conditions or diagnoses requiring additional information 7/14/1999
PDF Document PS 99-11 Unanticipated clinical finding during consultative examination

Revised January 11, 2005. This is the revised version.

8/24/1999
PDF Document PS 99-12 Reassignment of open cases to Team 1008/30/1999
Word Document 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
PDF Document 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
PDF Document PS 99-19 SSA Ruling: Revised Medical Criteria10/19/1999
PDF Document PS 99-20 Case File Order 11/16/1999
PDF Document PS 00-01: Voice Mail Message Log3/20/2000
PDF Document PS 00-03: Requesting Consultative Examinations5/30/2000
PDF Document 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
PDF Document PS 00-05: Incomplete Dictations of CE Reports and Multiple copies of CE Reports 6/15/2000
PDF Document PS 00-06: Disability determination on over 60 day cases7/6/2000
PDF Document PS 00-07: Threats of violence to self or others 8/2/2000
PDF Document PS 01-2: Medical Equivalence for Psychotic Depression4/7/2001
PDF Document PS 01-3 Preference Calls8/16/2001
PDF Document PS 01-4 Documentation of SSI/DTA criteria standards 11/14/2001
PDF Document PS 01-5 Determination of disability review date for vocational allowances 11/7/2001
Word Document 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
Word Document 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
PDF Document 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
Word Document 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
PDF Document 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
PDF Document 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
PDF Document 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
PDF Document 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
PDF Document 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
Word Document 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
Word Document 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
Word Document 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
PDF Document TAFDC Disability Supplement Form (TAFDC-DS)4/12/2005


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