7 AAC 45.235. Determining physical or mental ability to perform gainful activity

(a) For the purposes of AS 47.27.015 , 47.27.025, and this chapter, an individual is "physically or mentally unable to perform gainful activity" if the individual

(1) is eligible for disability benefits under the supplemental security income program (42 U.S.C. 1381 - 1383f), the social security disability insurance program (42 U.S.C. 401 - 433) or the adult public assistance program ( AS 47.25.430 - 47.25.615) because of blindness or disability; or

(2) has a physical or mental condition that, on the basis of competent medical evidence submitted in accordance with (b) of this section, the department reasonably expects will last at least 30 days, and that is severe enough

(A) to prevent the individual from working at full-time employment; or

(B) that potential employers refuse to hire the individual or provide a reasonable accommodation under the Americans with Disabilities Act (42 U.S.C. 12101 - 12213).

(b) To substantiate a claim of inability under (a)(2) of this section, medical evidence from a licensed medical or health care practitioner as to the nature, extent, and expected duration of the condition is required. The evidence must be submitted on a form provided or in a format specified by the department, and may be obtained at reasonable cost at the department's expense, when authorized by the department. The department will allow the individual up to two months to provide the medical evidence if

(1) the individual resides in a remote area of Alaska;

(2) for reasons directly related to the remoteness of the individual's residence, the individual has been unable to gain access to a licensed medical or health care practitioner within the three months immediately preceding the date of application or the three months since the onset of the inability to perform gainful activity, whichever period is shorter;

(3) the individual demonstrates to the department's satisfaction that the individual is unable to gain access to a licensed medical or health care practitioner within 30 days after receipt of an application in a district office of the division handling public assistance matters in the department; and

(4) in place of a medical evidence from a licensed medical or health care practitioner, the individual provides a statement on the individual's condition from a village health aide or other health care provider who is familiar with the individual's condition.

History: Eff. 8/5/92, Register 123; am 7/1/97, Register 142; am 10/1/2001, Register 159; am 1/7/2005, Register 173

Authority: AS 47.05.010

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