As many of you know, those age 18 to 50 who are "Able-Bodied And Without Dependents" (known in DTA parlance as an "ABAWD"), may only receive Food Stamp Benefits for 3 months in a 36 month period unless the individual is:

• working a minimum of 30 hours per week or earning income equal to or greater than $154.50 gross/week (in 2004) OR
• is exempt from work requirements.

Those exempt from work requirements meet at least one of the following conditions, they:

• Have a short or long term physical or mental disability, illness or injury that keeps them from working,
• Live in a food stamp household that includes a child under age 18 (do not need to be caring for the child) or are caring for a disabled household member
• Are pregnant, at any stage,
• Receive or have applied for Unemployment Insurance benefits,
• Are in a GED, English as a Second Language or another training program at least half-time or are enrolled at least half-time in a post secondary program (but other work rules may apply),
• Are in a drug or alcohol treatment program,
• Are in a mental health counseling program,
• Receive EAEDC or TAFDC and are complying with any work requirements that these programs have,

The USDA recently clarified that individuals claiming an exemption from the Food Stamp Work Requirement due to being "Unfit For Work" (pregnancy; participation in a vocation or rehabilitation program; participation in mental health counseling; participation in a drug or alcohol treatment program; or a mental or physical illness which reduces the individual's ability to financially support him or herself) do not need to prove a disability. The medical report form is used to document "Unfit for Work".

At the request of the Food Stamp Improvement Coalition and the Massachusetts Law Reform Institute, the Department of Transitional Assistance (DTA) recently revised the four-page medical report form and reduced it to a one-page simple check-off form. DTA has also expanded the scope of providers who may sign this form to include social workers, and substance abuse counselors. The provider need not detail the medical condition, the test results, or other detailed documentation previously required. The exact definition of a "drug or alcohol treatment program" and "participation in mental health counseling" are not included in the regulations. So the provider would need to use his/her professional judgment as to whether or not participation in the program in question renders the client "unfit for work".

07/2004