WAC 388-448-0010   How do we decide if you are incapacitated?  When you apply for GA program benefits, you must provide medical evidence to us to show that you are unable to work.

     If you are gainfully employed at the time of your application for GA, we deny incapacity. "Gainful employment" means you are performing, in a regular and predictable manner, an activity usually done for pay or profit.

     (1) We do not consider work to be gainful employment when you are working:

     (a) Under special conditions that go beyond the employer providing reasonable accommodation, such as in a sheltered workshop we have approved; or

     (b) Occasionally or part-time because your impairment limits the hours you are able to work compared to unimpaired workers in the same job as verified by your employer.

     (2) We decide if you are incapacitated when:

     (a) You apply for GA benefits. We may waive this decision if we use the criteria in WAC 388-448-0001 except the PEP to determine you are incapacitated;

     (b) You become employed;

     (c) You obtain work skills by completing a training program; or

     (d) We get new information that indicates you may be employable.

     (3) Unless you meet the other incapacity criteria in WAC 388-448-0001, we decide incapacity by applying the progressive evaluation process (PEP) to the medical evidence that you provide that meets WAC 388-448-0030. The PEP is the sequence of seven steps described in WAC 388-448-0035 through388-448-0110 .

     (4) You are not eligible for GA benefits if you are incapacitated only because of alcoholism or drug addiction. If you have a physical or mental impairment and you are impaired by alcohol or drug addiction, we decide if you are eligible for general assistance. If you qualify for both GA and the ADATSA Shelter program, you may choose either program.

     (5) In determining incapacity, we consider only your ability to perform basic work-related activities. "Basic work-related activities" are activities that anyone would be required to perform in a work setting. They consist of: Sitting, standing, walking, lifting, carrying, handling, seeing, hearing, communicating, and understanding and following instructions.



[Statutory Authority: RCW 74.08.090, 74.04.005, and 2003 1st sp.s. c 10. 04-07-140, § 388-448-0010, filed 3/22/04, effective 5/1/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 00-16-113, § 388-448-0010, filed 8/2/00, effective 9/1/00.]