Section 29-6699. DEFINITIONS

 

6699.1The following terms and phrases shall have the meanings ascribed:

 

"Applicant" - a person who is applying for Interim Disability Assistance and applying for benefits. He or she may assert eligibility for himself or herself or as the authorized representative of an applicant.

 

"Assistance Unit" - all individuals whose needs, income and resources are considered in determining eligibility for and the amount of, IDA assistance.

 

"Authorized Representative" - an adult who acts on behalf of another person in applying for, obtaining or using program benefits for Interim Disability Assistance

 

"Case Management Services" - services received by IDA households when assigned a disability advocate to assist them in the process of qualifying for SSI by acquiring and providing information to process the SSI claim, setting up necessary appointments, tracking the progress of the claim, and representing the household throughout the appeals process.

 

"Council" - the Council of the District of Columbia.

 

"Department" - the Department of Human Services of the District of Columbia or any successor organizational Unit (in whole or in part).

 

"Disability" - this term as defined at 20 CFR 416.905 shall have the same meaning as that employed by the Social Security Administration, which is the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than twelve (12) months. To meet this definition, an applicant shall have a severe impairment that makes him or her unable to continue in his or her previous line of work or to perform any other substantial gainful activity, which exists in the national economy. Residual functional capacity, age, education, and work experience are all considered in making disability determinations.

 

"Disability Entitlement Advocacy Program" - the Income Maintenance Administration program that provides IDA case management and legal advocacy services in the SSI application and appeal process.

 

"District" - the District of Columbia Government.

 

"Earned Income" - income in cash or in kind that is produced as a result of the performance of services currently rendered by an individual.

 

"Fair Market Value" - the value at which an asset could be sold in the open market in a transaction between unrelated parties.

 

"Gross Income" - the total earned income before any deductions required by law.

 

"Impairment" - a deficiency, which results from anatomical, physiological or psychological abnormalities that can be shown by medically acceptable clinical and laboratory diagnostic techniques. A physical or mental impairment must be established by medical evidence consisting of signs, symptoms and laboratory findings not only by a statement of symptoms.

 

"Income" - earned or unearned money received by an individual that is of gain and benefit to the individual or assistance unit; and includes the following: salary, gross income from self-employment, training allowances, stipends or other payments for work experience (to the extent that they are countable as income pursuant to D.C. Official Code § 4-205.13 (a), District public assistance payments, federal public assistance payments (to the extent permitted by law), pensions, retirement benefits, annuities, unemployment compensation, worker's compensation, or alimony payments made directly to a member of the assistance unit, interest, dividends scholarships, rent received from a tenant or lessee, and money that is required by the District or federal laws to be deemed from person who is not a member of the assistance unit. The term "income" does not include a non-recurring lump-sum payment (which shall be considered a resource); payments made by a government agency to a third party for child care, housing, or medical assistance; or any payment that is specifically excluded by federal or District law from consideration as income for the purpose of determining eligibility for public substantial assistance.

 

"Ineligible Spouse" - someone who lives with a person as a husband or wife and who is not eligible for SSI benefits.

 

"Interim Disability Assistance" - (IDA) a District of Columbia public assistance program for adults with disabilities who are waiting on a pending application for SSI benefits.

 

"Lump-sum Payment or Settlement" - a nonrecurring earned or unearned income including retroactive monthly payments and payments in the nature of a windfall.

 

"Mayor" - the Mayor of the District of Columbia or the agents, agencies, officers, and employees designated by him or her to perform any function vested in them by this chapter.

 

"Medical Review Team" - the administrative unit within the Income Maintenance Administration that adjudicated disability claims for federal medical assistance.

 

"Public Assistance" - payment in or by money, medical care, remedial care, goods or services to, or benefit of, needy persons.

 

"Recipient" - a person to whom or on whose behalf public assistance is granted.

 

"Representative Payee" - a person or organization selected by the Social Security Administration to receive benefits on behalf of a Old Age Survivors Disability insurance or Supplemental Security income recipient and obligated to use those benefits for the personal care and well-being.

 

"Resident" - a person who is living in the District of Columbia voluntarily and not for a temporary purpose.

 

"Resources" - cash or other liquid assets or any real or personal property that a member of an assistance unit owns and could convert to cash to be used for support and maintenance.

 

"Residual Functional Capacity" - activities an applicant can perform despite any impairment and any related symptoms such as pain, physical or mental limitations.

 

"Social Security Administration" - the federal agency that administers Social Security Income (SSI) among other programs.

 

"Social Service Representative" - the IMA case manager who is responsible for processing the applicant's Interim Disability Assistance application.

 

"Sponsor" - an individual who signs an affidavit of support agreeing to support a person as a condition of the person's admission as an alien for permanent residency in the United States. "Sponsor" does not include an organization such as the congregation of a church or service club, or an employer who only guarantees employment for a lien upon entry but does not sign an affidavit of support.

 

"Substantial Gainful Activity" - work activity that, as defined in 20 CFR 416.972, is both substantial and gainful:

 

(a)Substantial work activity is work activity that that involves doing significant physical or mental activities. Work may be substantial even if it is done on a part-time basis or if it represents a cutback, warrants less pay, or entails less responsibility than prior positions.

 

(b)Gainful work activity is work activity that is done for pay or profit. Work activity is gainful if it is the kind of work usually done for pay or profit, whether or not a profit is realized.

 

(c)Generally, other activities like taking care of one's self, household tasks, hobbies, therapy, school attendance, club activities, or social programs are not considered substantial gainful activity.

 

"Supplemental Security Income" - the federal program for the aged, blind and disabled.

 

"TANF" - the Temporary Assistance for Needy Families Program.

 

source

Final Rulemaking published at 50 DCR 4948 (June 20, 2003).