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Ohio Laws and Rules
Chapter 5115: DISABILITY ASSISTANCE
(A) The director of job and family services shall establish the disability financial assistance program.
(B) Subject to all other eligibility requirements established by this chapter and the rules adopted under it for the disability financial assistance program, a person may be eligible for disability financial assistance only if one of the following applies:
(1) The person is unable to do any substantial or gainful activity by reason of a medically determinable physical or mental impairment that can be expected to result in death or has lasted or can be expected to last for not less than nine months;
(2) On the day before the effective date of this amendment, the person was sixty years of age or older and one of the following is the case:
(a) The person was receiving or was scheduled to begin receiving financial assistance under this chapter on the basis of being sixty years of age or older;
(b) An eligibility determination was pending regarding the person's application to receive financial assistance under this chapter on the basis of being sixty years of age or older and, on or after the effective date of this amendment, the person receives a determination of eligibility based on that application.
Effective Date: 06-26-2003
Effective Date: 09-26-2003
Effective Date: 09-26-2003
(A)
An individual is not eligible for
disability financial assistance under this chapter if any of the following
apply: (1)
The individual is eligible to
participate in the Ohio works first program established under Chapter 5107. of
the Revised Code; eligible to receive supplemental security income provided
pursuant to Title XVI of the "Social Security Act," 86 Stat. 1475 (1972),
42 U.S.C.
1383 , as amended; or eligible to participate
in or receive assistance through another state or federal program that provides
financial assistance similar to disability financial assistance, as determined
by the director of job and family services;
(2)
The individual is ineligible to
participate in the Ohio works first program because of any of the following: (a)
The time limit established by section
5107.18 of the Revised Code;
(b)
Failure to comply with an
application or verification procedure;
(c)
The fraud control provisions of section
5101.83 of the Revised Code or the
fraud control program established pursuant to
45 C.F.R.
235.112 , as in effect July 1, 1996;
(d)
The self-sufficiency contract
provisions of sections
5107.14 and
5107.16 of the Revised Code;
(e)
The minor parent provisions of
section 5107.24 of the Revised Code;
(f)
The provisions of section
5107.26 of the Revised Code
regarding termination of employment without just cause.
(3)
The individual, or any of the other
individuals included in determining the individual's eligibility, is involved
in a strike, as defined in section
5107.10 of the Revised Code;
(4)
For the purpose of avoiding
consideration of property in determinations of the individual's eligibility for
disability financial assistance or a greater amount of assistance, the
individual has transferred property during the two years preceding application
for or most recent redetermination of eligibility for disability assistance;
(5)
The individual is a child and
does not live with the child's parents, guardians, or other persons standing in
place of parents, unless the child is emancipated by being married, by serving
in the armed forces, or by court order;
(6)
The individual reside in a county home,
city infirmary, jail, or public institution;
(7)
The individual is a fugitive felon as
defined in section
5101.26 of the Revised Code;
(8)
The individual is violating a
condition of probation, a community control sanction, parole, or a post-release
control sanction imposed under federal or state law.
(1)
As
used in division (B)(2) of this section, "assistance group" has the same
meaning as in section
5107.02 of the Revised Code.
(2)
Ineligibility under division
(A)(2)(c) or (d) of this section applies as follows: (a)
In the case of an individual who is under
eighteen years of age, the individual is ineligible only if the individual
caused the assistance group to be ineligible to participate in the Ohio works
first program or resides with an individual eighteen years of age or older who
was a member of the same ineligible assistance group.
(b)
In the case of an individual who is
eighteen years of age or older, the individual is ineligible regardless of
whether the individual caused the assistance group to be ineligible to
participate in the Ohio works first program.
Effective Date: 06-26-2003
(A)
The director of job and family services
shall adopt rules in accordance with section
111.15 of the Revised Code
governing the disability financial assistance program. The rules may establish
or specify any or all of the following: (1)
Maximum payment amounts under the disability financial assistance program,
based on state appropriations for the program;
(2)
Limits on the length of time an
individual may receive disability financial assistance;
(3)
Limits on the total number of individuals
in the state who may receive disability financial assistance;
(4)
Income, resource, citizenship, age,
residence, living arrangement, and other eligibility requirements for
disability financial assistance;
(5)
Procedures for disregarding amounts of
earned and unearned income for the purpose of determining eligibility for
disability financial assistance and the amount of assistance to be provided;
(6)
Procedures for including the
income and resources, or a certain amount of the income and resources, of a
member of an individual's family when determining eligibility for disability
financial assistance and the amount of assistance to be provided.
(B)
In establishing or specifying
eligibility requirements for disability financial assistance, the director
shall exclude the value of any tuition payment contract entered into under
section 3334.09 of the Revised Code or any
scholarship awarded under section
3334.18 of the Revised Code and
the amount of payments made by the Ohio tuition trust authority under section
3334.09 of the Revised Code
pursuant to the contract or scholarship. The director shall not require any
individual to terminate a tuition payment contract entered into under Chapter
3334. of the Revised Code as a condition of eligibility for disability
financial assistance. The director shall consider as income any refund paid
under section
3334.10 of the Revised Code.
(C)
Notwithstanding section
3109.01 of the Revised Code, when
a disability financial assistance applicant or recipient who is at least
eighteen but under twenty-two years of age resides with the applicant's or
recipient's parents, the income of the parents shall be taken into account in
determining the applicant's or recipient's financial eligibility. In the rules
adopted under this section, the director shall specify procedures for
determining the amount of income to be attributed to applicants and recipients
in this age category.
(D)
For
purposes of limiting the cost of the disability financial assistance program,
the director may do either or both of the following: (1)
Adopt rules in accordance with section
111.15 of the Revised Code that
revise the program's eligibility requirements, the maximum payment amounts, or
any other requirement or standard established or specified in the rules adopted
by the director;
(2)
Suspend
acceptance of applications for disability financial assistance. While a
suspension is in effect, no person shall receive a determination or
redetermination of eligibility for disability financial assistance unless the
person was receiving the assistance during the month immediately preceding the
suspension's effective date or the person submitted an application prior to the
suspension's effective date and receives a determination of eligibility based
on that application. The director may adopt rules in accordance with section
111.15 of the Revised Code
establishing requirements and specifying procedures applicable to the
suspension of acceptance of applications.
Effective Date: 09-26-2003
(A)
The department of job and family services
shall supervise and administer the disability financial assistance program,
except that the department may require county departments of job and family
services to perform any administrative function specified in rules adopted by
the director of job and family services.
(B)
If the department requires county
departments to perform administrative functions under this section, the
director shall adopt rules in accordance with section
111.15 of the Revised Code
governing the performance of the functions to be performed by county
departments. County departments shall perform the functions in accordance with
the rules. The director shall conduct investigations to determine whether
disability financial assistance is being administered in compliance with the
Revised Code and rules adopted by the director.
(C)
If disability financial assistance
payments are made by the county department of job and family services, the
department shall advance sufficient funds to provide the county treasurer with
the amount estimated for the payments. Financial assistance payments shall be
distributed in accordance with sections
126.35 ,
319.16 , and
329.03 of the Revised Code.
Effective Date:
06-26-2003; 12-01-2006 (A)
The
director of job and family services shall adopt rules in accordance with
section 111.15 of the Revised Code
establishing application and verification procedures, reapplication procedures,
and other requirements the director considers necessary in the administration
of the application process for disability financial assistance. The rules may
require recipients of disability financial assistance to participate in a
reapplication process two months after initial approval for assistance has been
determined and at such other times as specified in the rules.
(B)
Any person who applies for disability
financial assistance shall receive a voter registration application under
section 3503.10 of the Revised Code.
Effective Date: 06-26-2003
Assistance under the disability financial assistance program
may be given by warrant, direct deposit, or, if provided by the director of job
and family services pursuant to section
5101.33 of the Revised Code, by
electronic benefit transfer. It shall be inalienable whether by way of
assignment, charge, or otherwise, and is exempt from attachment, garnishment,
or other like process. Any direct deposit shall be made to a financial institution and
account designated by the recipient. If disability financial assistance is to
be paid by the director of budget and management through direct deposit, the
application for assistance shall be accompanied by information the director
needs to make direct deposits. The director of job and family services may adopt rules for
designation of financial institutions and accounts. No financial institution shall impose any charge for direct
deposit of disability financial assistance payments that it does not charge all
customers for similar services. Effective Date:
09-26-2003; 2006 HB699 03-29-2007 Effective Date: 09-26-2003
The acceptance of financial assistance under the disability
financial assistance program constitutes an assignment to the department of job
and family services of any rights an individual receiving the assistance has to
financial support from any other person. The rights to support assigned to the
department pursuant to this section constitute an obligation of the person
responsible for providing the support to the state for the amount of disability
financial assistance payments to the recipient or recipients whose needs are
included in determining the amount of assistance received. Support payments
assigned to the state pursuant to this section shall be collected by the county
department of job and family services and reimbursements for disability
financial assistance payments shall be credited to the state treasury.
Effective Date: 06-26-2003
Effective Date: 09-29-1999
Repealed by
128th General AssemblyFile
No.9, HB 1,
§105.01, eff.
10/16/2009.
Repealed by
128th General AssemblyFile
No.9, HB 1,
§105.01, eff.
10/16/2009.
Repealed by
128th General AssemblyFile
No.9, HB 1,
§105.01, eff.
10/16/2009.
Repealed by
128th General AssemblyFile
No.9, HB 1,
§105.01, eff.
10/16/2009.
Repealed by
128th General AssemblyFile
No.9, HB 1,
§105.01, eff.
10/16/2009.
Effective Date: 06-26-2003
Effective Date: 10-01-1997
(A)
The department of job and family services shall establish a disability advocacy
program and each county department of job and family services shall establish a
disability advocacy program unit or join with other county departments of job
and family services to establish a joint county disability advocacy program
unit. Through the program the department and county departments shall cooperate
in efforts to assist applicants for and recipients of assistance under the
disability financial assistance program, who might be eligible for supplemental
security income benefits under Title XVI of the "Social Security Act," 86 Stat.
1475 (1972), 42 U.S.C.A. 1383, as amended, in applying for those benefits. As part of their
disability advocacy programs, the state department and county departments may
enter into contracts for the services of persons and government entities that
in the judgment of the department or county department have demonstrated
expertise in representing persons seeking supplemental security income
benefits. Each contract shall require the person or entity with which a
department contracts to assess each person referred to it by the department to
determine whether the person appears to be eligible for supplemental security
income benefits, and, if the person appears to be eligible, assist the person
in applying and represent the person in any proceeding of the social security
administration, including any appeal or reconsideration of a denial of
benefits. The department or county department shall provide to the person or
entity with which it contracts all records in its possession relevant to the
application for supplemental security income benefits. The department shall
require a county department with relevant records to submit them to the person
or entity. (B)
Each
applicant for or recipient of disability financial assistance who, in the
judgment of the department of job and family
services or a county department of job and family
services might be eligible for supplemental security benefits, shall, as
a condition of eligibility for assistance, apply for such benefits if directed
to do so by the department or county department.
(C)
With regard to applicants for and recipients of disability financial
assistance, each county department of job and family services shall do all of
the following: (1)
Identify
applicants and recipients who might be eligible for supplemental security
income benefits;
(2)
Assist
applicants and recipients in securing documentation of disabling conditions or
refer them for such assistance to a person or government entity with which the
department of job and family services or county
department has contracted under division (A) of this section;
(3)
Inform applicants and recipients of available sources of representation, which
may include a person or government entity with which the department or county
department has contracted under division (A) of this section, and of their
right to represent themselves in reconsiderations and appeals of social
security administration decisions that deny them supplemental security income
benefits. The county department may require the applicants and recipients, as a
condition of eligibility for assistance, to pursue reconsiderations and appeals
of social security administration decisions that deny them supplemental
security income benefits, and shall assist applicants and recipients as
necessary to obtain such benefits or refer them to a person or government
entity with which the department or county department has contracted under
division (A) of this section.
(4)
Require applicants and recipients who, in the judgment of the county
department, are or may be aged, blind, or disabled, to apply for
the medicaid program, make
determinations when appropriate as to eligibility for
medicaid, and refer their applications when
necessary to the disability determination unit established in accordance with
division (F) of this section for expedited review;
(5)
Require each applicant and recipient who in the judgment of the department or
the county department might be eligible for supplemental security income
benefits, as a condition of eligibility for disability financial assistance, to
execute a written authorization for the secretary of health and human services
to withhold benefits due that individual and pay to the director of job and
family services or the director's designee an amount sufficient to reimburse
the state and county shares of interim assistance furnished to the individual.
For the purposes of division (C)(5) of this section, "benefits" and "interim
assistance" have the meanings given in Title XVI of the "Social Security
Act."
(D)
The
director of job and family services shall adopt rules in accordance with
section 111.15 of the Revised Code for the effective administration of the
disability advocacy program. The rules shall include all of the following: (1)
Methods to be used in collecting information from and disseminating it to
county departments, including the following: (a)
The number of individuals in the county who are disabled recipients of
disability financial assistance;
(b)
The final decision made either by the social security administration or by a
court for each application or reconsideration in which an individual was
assisted pursuant to this section.
(2)
The type and process of training to be provided by the department of job and
family services to the employees of the county department of job and family
services who perform duties under this section;
(3)
Requirements for the written authorization required by division (C)(5) of this
section.
(E)
The
department of job and family services shall
provide basic and continuing training to employees of the county department of
job and family services who perform duties under this section. Training shall
include but not be limited to all processes necessary to obtain federal
disability benefits, and methods of advocacy.
(F)
The department of medicaid shall establish a
disability determination unit and develop guidelines for expediting reviews of
applications for the medicaid
program for persons who have been referred to the unit under division
(C)(4) of this section. The department of
medicaid shall make determinations of eligibility for
medicaid for any such person within the time
prescribed by federal regulations.
(G)
The department of job and family services may,
under rules the director of job and family services adopts in accordance with
section 111.15 of the Revised Code, pay a portion of the federal reimbursement
described in division (C)(5) of this section to persons or government entities
that assist or represent assistance recipients in reconsiderations and appeals
of social security administration decisions denying them supplemental security
income benefits.
(H)
The
director of job and family services shall conduct
investigations to determine whether disability advocacy programs are being
administered in compliance with the Revised Code and the rules adopted by the
director pursuant to this section.
Amended by
130th General Assembly File No.
25, HB 59, §101.01, eff.
9/29/2013. Amended by
128th General AssemblyFile
No.9, HB 1,
§101.01, eff.
10/16/2009. Effective Date: 06-26-2003
(A)
If a recipient of disability financial assistance , or an individual whose income and
resources are included in determining the recipient's eligibility for the
assistance, becomes possessed of resources or income in excess of the amount
allowed to retain eligibility, or if other changes occur that affect the
recipient's eligibility or need for assistance, the recipient shall notify the
state or county department of job and family services within the time limits
specified in rules adopted by the director of job and family services in
accordance with section
111.15 of the Revised Code. Failure
of a recipient to report possession of excess resources or income or a change
affecting eligibility or need within those time limits shall be considered
prima-facie evidence of intent to defraud under section
5115.23 of the Revised Code.
(B)
As a
condition of eligibility for disability financial assistance
, and as a
means of preventing or reducing the provision of assistance at public expense,
each applicant for or recipient of the assistance shall make reasonable efforts
to secure support from persons responsible for the applicant's or recipient's
support, and from other sources, including any federal program designed to
provide assistance to individuals with disabilities. The state or county
department of job and family services may provide assistance to the applicant
or recipient in securing other forms of financial assistance.
Amended by
128th General AssemblyFile
No.9, HB 1,
§101.01, eff.
10/16/2009. Effective Date: 06-26-2003
As used in this
section, "erroneous payments" means disability financial assistance payments
made to persons who are not entitled to receive them, including payments made
as a result of misrepresentation or fraud, and payments made due to an error by
the recipient or by the county department of job and family services that made
the payment. The department of job
and family services shall adopt rules in accordance with section
111.15 of the Revised Code
specifying the circumstances under which action is to be taken under this
section to recover erroneous payments. The department, or a county department
of job and family services at the request of the department, shall take action
to recover erroneous payments in the circumstances specified in the rules. The
department or county department may institute a civil action to recover
erroneous payments. Whenever disability
financial assistance has been furnished to a recipient for whose support another
person is responsible, the other person shall, in addition to the liability
otherwise imposed, as a consequence of failure to support the recipient, be
liable for all assistance furnished the recipient. The value of the assistance
so furnished may be recovered in a civil action brought by the county
department of job and family services. Each county
department of job and family services shall retain fifty per cent of the
erroneous payments it recovers under this section. The department of job and
family services shall receive the remaining fifty per cent. Amended by
128th General AssemblyFile
No.9, HB 1,
§101.01, eff.
10/16/2009. Effective Date: 06-26-2003
5115.012 [Repealed].
5115.02 Eligibility for disability financial assistance.
5115.03 Adoption of rules - investigations.
5115.04 Disability financial assistance program.
5115.05 Establishing application and verification procedures, reapplication procedures and eligibility requirements for disability assistance.
5115.06 Method of providing assistance under program.
5115.061 [Repealed].
5115.07 Acceptance of financial assistance constitutes an assignment of rights.
5115.08 [Repealed].
5115.10 [Repealed] .
5115.11 [Repealed] .
5115.12 [Repealed] .
5115.13 [Repealed] .
5115.14 [Repealed] .
5115.15 Amended and Renumbered RC 5115.23.
5115.18 [Repealed].
5115.20 Disability advocacy program.
5115.22 Change in recipient's eligiblity for assistance.
5115.23 Recovery of erroneous payments.