The issue re: who can verify an exemption (as opposed to performing a disability evaluation) has been coming up in a number of counties. To clarify:

State regulation 42-712.442 states that "To qualify for this [the disability] exemption, the individual shall do all of the following: (a) Provide verification from a doctor as defined in Section 42-701.2(d)(2) that includes the disability, the expected duration of the disability, and the extent to which the disability impairs employment and/or participation in the welfare-to-work activities."

"Doctor" is defined at state regulation 42-701.2(d) as "a health care professional licensed or certified by a state to diagnose/treat physical and mental impairments that can affect an individual's ability to work or participate in WTW activities."

I am trying to work out with the state the tension between the disability evaluations sections (LD, physical and mental health) and the exemption verification section. The evaluation provision state that the evaluator is to determine whether the person can participate in or complete employment or WTW activities. Although this describes what essentially is an exemption determination, the full range of evaluators (such as Masters in Special Education) are not covered by the definition of "doctor."

In the short run, anyone in a disability services program who has a state license or certificate (e.g. MFT, MFCC, LCSW, etc.) can sign the exemption verification. State certification by the Community College Chancellor's office of Learning Disability evaluators should qualify.

It is important that the exemption verification indicate:
(1) the nature of the person's disability (e.g. LD, physical or mental impairment -the diagnosis, pursuant to the California Medical Privacy Act, does not need to be listed); (2) the expected duration;
(3) how the condition limits the person's ability to participate in/complete CalWORKs employment/WTW activities; and
(4) the accommodation(s) the person needs.

For example, a letter saying that the person has LD and needs more time and therefore should be exempt would be insufficient. A letter stating that:
* The person has been diagnoses w/ LD, this is a lifetime condition;
* It limits the person's ability to process information and understand/follow directions, and thus impacts any training or work activity; and
* The recommended treatment an/or accommodation is to exempt the individual while they receive treatment (disability services), so the person can process information would address the statutorily required areas.

Obviously, all letters must be based on the individual's condition/needs.

Please call me (toll-free) at 888-864-8281 if any of you have questions. I also would appreciate knowing whether this issue continues to be a problem in your county.

Jodie Berger, Project Director
Welfare Advocacy Project
Employment Law Center
1663 Mission Street, 4th Floor
SF, CA 94103-2449
Telephone: (888) 864-8281 (toll-free within California)