Welfare Transition ProgramWelfare Transition Program

Exceptions and DeferralsExceptions and DeferralsAgency for Workforce InnovationAgency for Workforce Innovation

Statewide Training Statewide Training

Spring 2005Spring 2005

Flow ChartFlow ChartIndividual Submits Individual Submits

Request for Request for Assistance (RFA) to Assistance (RFA) to

DCF DCF

Return Return Appointment is Appointment is

ScheduledScheduled

Referred to RWB Referred to RWB Designee for Designee for

Work Work RegistrationRegistration

Work Work Registration Registration Completed? Completed?

Cash Assistance Cash Assistance DeniedDenied

NoNo

YesYes

Refers to RWB Refers to RWB ProviderProvider

ESS Completes ESS Completes Eligibility ProcessEligibility Process

New Case or Reopen New Case or Reopen Alert Received by RWB Alert Received by RWB

ProviderProvider

Welfare Transition Welfare Transition Orientation is Orientation is

Scheduled Scheduled

Exceptions To Non-Compliance Exceptions To Non-Compliance PenaltiesPenalties All TCA recipients who are All TCA recipients who are Not ExemptNot Exempt

must participate in work activitiesmust participate in work activities

Mandatory penalty process under federal Mandatory penalty process under federal lawlaw

Federal law requires the State to initiate and Federal law requires the State to initiate and apply the penalty process outline in the State apply the penalty process outline in the State plan if a participant is not compliant in a month plan if a participant is not compliant in a month of TCA receiptof TCA receipt

Florida Statute 414.065 has provided Florida Statute 414.065 has provided exceptions to penalties for certain exceptions to penalties for certain circumstancescircumstances

Exceptions to PenaltiesExceptions to Penalties Noncompliance related to:Noncompliance related to:

ChildcareChildcare

Domestic ViolenceDomestic Violence

Treatment or Remediation of Treatment or Remediation of Past Domestic ViolencePast Domestic Violence

Medical IncapacityMedical Incapacity

Outpatient Mental Health or Outpatient Mental Health or Substance Abuse TreatmentSubstance Abuse Treatment

Medical Incapacity by a Medical Incapacity by a SSI/SSDI ApplicantSSI/SSDI Applicant

Other Good CauseOther Good Cause

DeferralsDeferrals Continue to be mandatoryContinue to be mandatory

May be excused from participation in May be excused from participation in work activities for a work activities for a specified period of specified period of timetime

Alternative activities must be assignedAlternative activities must be assigned that will move the individual back to that will move the individual back to participation participation

Time limits continue to apply Time limits continue to apply

Follow-up requirementsFollow-up requirements

Noncompliance Related to Noncompliance Related to ChildcareChildcare Child under 6 Child under 6

Family proves an inability Family proves an inability to obtain suitable childcareto obtain suitable childcare Within a reasonable Within a reasonable

distance from the distance from the individual’s home or individual’s home or worksiteworksite

In an informal setting, orIn an informal setting, or

That is appropriate and That is appropriate and affordable (formal)affordable (formal)

Alternative plan Alternative plan requirementsrequirements

Noncompliance Related to Noncompliance Related to Domestic ViolenceDomestic Violence

Work requirements would make it Work requirements would make it probable that the individual would probable that the individual would not be able to escape domestic not be able to escape domestic violenceviolence

Must comply with an Alternative Must comply with an Alternative Requirement Plan (ARP) that Requirement Plan (ARP) that prepares the individual for self prepares the individual for self sufficiency while providing for the sufficiency while providing for the safety of the individual and safety of the individual and dependentsdependents

Noncompliance Related to Treatment Noncompliance Related to Treatment or Remediation of Past Effects of or Remediation of Past Effects of Domestic ViolenceDomestic Violence

Unable to comply with work requirements due mental or Unable to comply with work requirements due mental or physical impairment related to past incidents of physical impairment related to past incidents of domestic violencedomestic violence

The individual must comply with an alternative The individual must comply with an alternative requirement plan designed to prepare the individual for requirement plan designed to prepare the individual for self-sufficiency while providing for the safety of the self-sufficiency while providing for the safety of the individual and dependentsindividual and dependents

The plan must include counseling or a course of treatment The plan must include counseling or a course of treatment necessary for the individual to resume participation.necessary for the individual to resume participation.

The need for treatment must be verified by a licensed The need for treatment must be verified by a licensed physician, psychologist or other professional identified in physician, psychologist or other professional identified in 414.065.414.065.

Noncompliance Related to Noncompliance Related to Outpatient SAMH TreatmentOutpatient SAMH Treatment

The individual may be excused up to five The individual may be excused up to five hours per week to participate in hours per week to participate in treatmenttreatment

The individual may not exceed 100 hours The individual may not exceed 100 hours per yearper year

The treatment must be verified by a The treatment must be verified by a mental health or substance abuse mental health or substance abuse professionalprofessional

The attendance must be documented and The attendance must be documented and provided to the RWB providerprovided to the RWB provider

Noncompliance Due to Noncompliance Due to Medical IncapacityMedical Incapacity

A participant cannot comply A participant cannot comply because of a medical because of a medical incapacity or limitationincapacity or limitation

The limitation is documented The limitation is documented by a licensed physicianby a licensed physician

The participant must comply The participant must comply with work activities designed with work activities designed with regards to limitationswith regards to limitations

The RWB may require The RWB may require evaluation (work or evaluation (work or vocational assessment)vocational assessment)

Noncompliance for SSI/SSDI Noncompliance for SSI/SSDI ApplicantsApplicants An individual who verifies (s)he has An individual who verifies (s)he has

applied for SSI/SSDIapplied for SSI/SSDI

The decision is pending and the The decision is pending and the application or appeal remains currentapplication or appeal remains current

The individual must verify medical The individual must verify medical limitationslimitations

The individual must comply with The individual must comply with activities designed with regards to activities designed with regards to documented limitationsdocumented limitations

Medical Incapacity Medical Incapacity DocumentationDocumentation

If a participant is excused from work If a participant is excused from work activities based on medical incapacity, activities based on medical incapacity, the documentation must include:the documentation must include: The nature of the medical incapacityThe nature of the medical incapacity

The duration of the incapacityThe duration of the incapacity

The number of hours per week the individual can The number of hours per week the individual can participate in activitiesparticipate in activities

The percentage of the individual’s disability The percentage of the individual’s disability

Other limitations on participation in work Other limitations on participation in work activitiesactivities

The course of treatment necessary to resume The course of treatment necessary to resume participationparticipation

Other Good Cause Other Good Cause ExceptionsExceptions

Circumstances out Circumstances out of the individual’s of the individual’s controlcontrol

Other reasons Other reasons approved by the approved by the RWB and outlined RWB and outlined in the local in the local operating operating proceduresprocedures

Local Operating ProceduresLocal Operating Procedures DocumentationDocumentation

When is When is documentation documentation required to support required to support good cause?good cause?

When is When is documentation documentation required to support required to support deferrals?deferrals?

How often does a How often does a licensed physician licensed physician have to update have to update medical medical documentation?documentation?

Follow-upFollow-up How often is a How often is a

deferral reviewed?deferral reviewed? How often is the How often is the

IRP with IRP with alternative alternative requirements requirements updated?updated?

What is the What is the process for process for vocational or work vocational or work assessments?assessments?

QUIZ TIME!QUIZ TIME!

If a participant provides If a participant provides documentation of an documentation of an SSI/SSDI application, SSI/SSDI application, (s)he does not have to (s)he does not have to participate in WORK participate in WORK activities?activities?

YESYES

NONO

AnswerAnswer NO! A participant NO! A participant

maymay be excused be excused from work activities from work activities if (s)he documents if (s)he documents a medical a medical incapacityincapacity

Supported under Supported under 414.065 (f) and 414.065 (f) and 414.105 (11)414.105 (11)

QUIZ TIME!QUIZ TIME! If a participant needs to If a participant needs to

participate in treatment more participate in treatment more than 5 hours per week, the than 5 hours per week, the RWB can accept the treatment RWB can accept the treatment attendance sheet to enter a attendance sheet to enter a deferral?deferral?

YesYes

NoNo

AnswerAnswer

NoNo

Not participating in work activities Not participating in work activities beyond 5 hours per week requires beyond 5 hours per week requires verification by a licensed physician verification by a licensed physician or proof of in-patient participationor proof of in-patient participation

The RWB must secure verification The RWB must secure verification for participation in treatment and for participation in treatment and participation with the Alternative participation with the Alternative Requirement PlanRequirement Plan

QUIZ TIME!QUIZ TIME!

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

TrueTrue

FalseFalse

AnswerAnswer FalseFalse The participant should be assigned to a countable The participant should be assigned to a countable

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