Retroactive disability determinations and CalWORKs

Medical documentation of disabling conditions that render a recipient exempt from work activity under CalWORKs rules can sometimes be delayed until after recipients have been on aid for several months. Counties must provide the CalWORKs Exemption Request form (CW2186A) and accompanying medical information release from (CW 61) when an applicant or recipient reports a disability impacting regular employment or participation in welfare to work activities. Upon verifying the disability, the county must grant the exemption effective the date the disability began, adjust the 48 and 24 month clocks accordingly and reimburse the recipient for any underpayments of CalWORKs benefits during the period of disability. Counties must schedule and notify recipients of pending dates for review of disability status based upon physician reports regarding the expected duration of the disability or, if the disability is expected to be permanent, at intervals of no less than one year. ACL 15-08.