Incapacity Determination - Administrative Review Team
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Incapacity Determination - Administrative Review Team


Revised March 19, 2008



Purpose: Document the referral, review of medical evidence, vocational factors, and outcome of the ART decision on the DSHS 14-235B(X), Administrative Review Team Documentation Worksheet.

WAC 388-448-0110PEP Step VII -- How we evaluate your capacity to perform other work

Membership
Referral
Process

Reference Sources
Links


WAC 388-448-0110

WAC 388-448-0110

Effective September 1, 2000

WAC 388-448-0110 PEP Step VII -- How we evaluate your capacity to perform other work

If we decide you cannot do work that you’ve done before, we then decide if you can do any other work. In making this decision, we again consider vocational factors of age, education and limited English proficiency (LEP). 

  1. We approve incapacity if you have a physical impairment only and meet the vocational factors below:

Highest Work Level Assigned by the Practitioner

Your Age Your Education Level

Other Vocational Factors

Sedentary Any age

Any level

Does not apply

Light

50 and older

Any level

Does not apply

Light

35 and older

Illiterate or LEP

Does not apply

Light

18 and older

Limited Education

Does not have any past work

Medium

50 and older

Limited education

Does not have any past work

Medium

55 and older

Any level

Does not apply

Heavy

55 and older

Any level

Environmental restrictions apply

  1. We approve incapacity when you have a mental disorder only and meet the age and social functioning limitations below:

Social Limitation

Age

  1. Can not appropriately relate to coworkers and supervisors (rated three); and;

  2. Can not tolerate the pressures of a work setting (rated four).

50 years and older
  1. Can not tolerate the pressures of a work setting (rated five).

18 to 54

  1. A mental disorder severity rated four;

  2. One or more symptoms from WAC 388-448-0050 (4) (rated five);

  3. Can not appropriately relate to coworkers and supervisors (rated three); and

  4. Can not tolerate the pressures of a work setting (rated four).

18-49
  1. We approve incapacity when you have both mental and physical impairments and vocational factors interfere with working as follows:

Your Age

Your Education

Your Other Restrictions

Any age

Any level

  1. Can not appropriately relate to coworkers and supervisors (rated three); and

  2. Can not tolerate pressures of a work setting (rated four).

50 or older

Limited education

  1. Restricted to medium work level or less.

18 to 49

Limited education

  1. Restricted to light work level.
  1. If we do not find that you are incapacitated by the end of Step VII of the PEP, an administrative review team (ART) makes the incapacity decision. The review team consists of two or more persons within the community service office (CSO) who are not in the position of providing direct eligibility or incapacity services to you. The ART reviews the medical evidence and your vocational factors.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

Membership

  • The ISW referring the case to ART may not participate in the ART decision process.

  • A Financial Worker who is involved in determining financial eligibility (including screening and referring the client to the ISW) for the person may not participate in the ART. A Financial Worker that is not responsible for determining financial eligibility may participate in the ART.

  • The ART must contain two or more people.

  • The CSOA is encouraged to designate CSO workers who are knowledgeable about the GA program.

  • Include non-CSO professionals when possible.


EXAMPLE

Everyone in the unit, except for the worker referring the case for ART participates in the decision making. Social Workers take turns leading the ART.


EXAMPLE

The team starts with two CSO Supervisors as ART leaders. The Supervisors involve specialists such as the person's Therapist or Mental Health Counselor, an Employment Security Department Job Counselor, a Chemical Dependency Counselor, or a Division of Vocational Rehabilitation Counselor.


Referral

Referral Information

  1. When the Social Worker (SW) completes the Step VII of the PEP without reaching a decision to approve or deny GA, the SW refers the case to the Administrative Review Team (ART).

  2. The ISW completes the ART REFERRAL INFORMATION section of the Administrative Review Team Documentation Worksheet (14-235b). The sections following ART REFERRAL INFORMATION are completed by the ART.

  3. Consider these items when writing the referral summary:

    • Keep it brief.

    • Highlight the main points of the case.

    • Base your assessment on facts.

    • Describe a person's strengths and abilities along with limitations.

    • Let the ART know if you adjusted a provider's rating or did not accept medical evidence.
      The Administrative Review Team is responsible for the incapacity decision. This is an introduction to them.

Process

NOTE:

Do not give weight to factors such as employer preferences or business and economic conditions when evaluating GAU incapacity.


The ART will check to see if the PEP was done accurately, review the medical evidence, assess vocational factors, and communicate the ART decision to the ISW through the 14-235B. The ART may approve incapacity, deny incapacity, or refer/remand the case back to the ISW for further action.

PEP Accuracy Check

The ART reviews how the ISW applied the PEP. If any answer to the following is "no," refer (remand) the case back to the ISW and specify what action is needed.

  • Did the Social Worker have all the necessary medical evidence to determine incapacity?

  • Was the assigned diagnosis supported by clear and objective medical evidence?

  • Did the Social Worker complete the PEP correctly?

Review the Medical Evidence

  1. Each member of the ART reviews the medical evidence.

  2. Refer questions about how to interpret medical evidence to a medical consultant if necessary.

  3. Identify the functional limitations for work-related activities according to the objective medical evidence. See PEP Step V for information about work-related activities for physical and mental impairments. Document the functional limitations on the 14-235B. (For example: "Right-handed person is unable to use right arm due to severed tendon.")

Vocational Factors

When evaluating vocational factors, you are assessing whether or not there are jobs the person is able to do even though they have functional limitations. Look at a person's strengths, skills, and abilities and try to find jobs that the person is capable of. When a person is not able to perform other work, approve incapacity.

  1. Consider the person's age. Use the tables in PEP Step VII as guidelines for considering age as a vocational factor.

  2. Evaluate literacy and education.

    • Consider grade level or history of special education and how these factors influence the person's ability to perform work-related activities such as understanding and following directions.

    • Look at ability to read and understand work instructions, directions, job orders and warning labels.

    • Assess skills obtained through advanced or post-secondary education.

  3. Assess transferable skills.

    • Consider whether the person has the basic skills obtained through education or work experience to perform unskilled and semi-skilled jobs, e.g., entry-level clerical worker or cashier.

    • Look at the relevant work history and the skills needed to do the work. Make a list of skills that could transfer to jobs within the person's capabilities.

    • Include information about hobbies and volunteer activities when determining a person's transferable work skills.

Use the Dictionary of Occupational Titles or O*NET to evaluate skill levels needed for various jobs. Click here to get help for navigating O*Net.

Outcome

Indicate to the ISW the decision of the ART. Options are to approve, deny, or remand/refer back to the ISW for further action.

Explanation of Decision

Briefly describe how the ART made the decision, factors considered in the decision, other relevant information, and outcome to the ISW. If the case is remanded/referred back to the ISW, describe items needing the attention of the ISW.


Reference Sources

Along with medical dictionaries, the following references are recommended when making incapacity determinations.

ONLINE REFERENCE SOURCES:

PRINT REFERENCE SOURCES:

  • International Statistical Classification of Diseases, 9th Revision, published by the American Medical Association. A CD-ROM version is available.

  • Physicians' Current Procedural Terminology, published by the American Medical Association. This book describes each of the CPT codes and standard medical practice for different levels of service.

  • Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. This is the standard reference for mental disorders.

  • Disability Evaluation Under Social Security, U.S. Department of Health and Human Services. Also known as "The Listings," this book describes Social Security Administration disability criteria.


Links (Note: you may receive a "page not found" error if you do not work for DSHS)

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Modification Date: March 19, 2008
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