On Wed, Apr 26, 2017 at 12:27 PM, Colorado Employment rote:
Employment First (EF) Exemptions Webinar (Q&A)
April 7, 2017
· If a client is the head of a household and they are only 16 or 17 years old, are they exempt until they turn 18 years old?
A sixteen or seventeen year-old head of household who is attending school, or enrolled in an employment training program on at least a half-time basis is exempt from work registration.
· Job attached letter: can we use a job attached UI notification letter?
Yes. However, the job attached exemption also needs to meet the employment exemption requirements of 30 hours a week OR earning at least the minimum wage multiplied by 30 hours a week. It must also state that the person will return to work within 60 days.
· If they're receiving VA benefits, does it have to be VA that finds them disabled? Or do they just have to be receiving VA benefits?
Receive VA benefits. Any percent will qualify as an exemption.
· For UIB exemption, do they have to be monetary eligible?
No, an appeal status will exempt a participant from the program. The person is still required to look for work while appealing or receiving unemployment benefits.
· Drug and alcohol treatment - what is “significant”?
Significant is county specific; however, if the situation impairs a person’s ability to obtain employment the exemption should apply.
· Do DUI alcohol classes count towards the exemption of alcohol treatment?
If it’s considered a significant impairment to obtain employment then yes and a detailed case comment should be entered in CBMS. We do not intend to preclude participants from participating in the program but, if the participant believes it is a significant impairment the exemption can be applied until they have more stability in their life.
· Is a MED-9 acceptable as a physician’s statement of disability?
Yes it is, if the disability is not obvious, the verification should state that the person is not able to work.
· What to do if the exemption of physically/mentally unfit is not evident?
Request verification: §273.24 (iii) If the unfitness is not obvious, provides a statementfrom a physician, physician's assistant, nurse, nurse practitioner, designated representative of the physician's office, a licensed or certified psychologist, a social worker, or any other medical personnelthe State agency determines appropriate, that he or she is physically or mentally unfit for employment.
· Is any box acceptable on the Med-9 now or does it need to be box 1?
If the box says that the client can’t work for any period of time then the client is exempt from the Employment First program.Please remember if the disability is obvious then no documentation is needed for exemption.Box 4 can also be used to exempt from the Employment First program.
· Can we begin implementing the homeless exemption or “obvious” medical issues; or do we need approval from our county program officials?
You should begin using the homeless and physically/mentally unfit exemptions. These exemptions are not state exemptions, but federal exemptions. However, it is suggested to create a county plan to outline the procedure regarding Employment First exemptions and other policies.
· How do we enter the chronic homeless exemption?
Use the medical conditions screen in CBMS. Select the ability to work as no and disability type as temporary. You do not need to select an option for the source nor verification. Also, enter a detailed case comment about the exemption in CBMS.
Note: The option temporary is used because the case has to be reviewed every RRR.
· Are they adding a new tab in CBMS?
A new tab will not be added. Physically/mentally unfit and homeless exemptions should be entered in the medical conditions’ screen in CBMS.
· Would this medical exemption apply for those clients that have substance issues that are obvious?
If it impairs a person from working, yes.
· What if the client is currently employed, but provides a Dr.’s document from the mental health provider that they can't work, especially workfare?
If a mental health provider has determined that the participant cannot work, the person is exempt from the program. If the exemption exempts a participant from the requirements of the program and/or time limits, if they are an abawd, we do not need to make a determination because all we are doing is exempting the participant from the criteria of the program.
· What if you get a letter from the shelter stating they are homeless and are participating in a program through the shelter? Does that make them homeless?
A shelter may not necessarily be a stable place. However, determination must be made based on the information available, make prudent person principles’ decisions and apply good judgment when situations like this are encountered.
· If at an FA interview the participant states they are homeless, does the FA technician exempt or would they still refer to Employment First?
If it’s not apparent through the phone interview, the FA technician should refer the participant to the Employment First office.
· Will chronic homelessness override an active sanction?
Yes, it will override any active sanction.
· Who is it that determines what "chronic" homelessness is?
“Chronic” homelessness refers to unstable living situations. The Employment First case manager or FA technician may determine the homelessness exemption and exempt a participant, if it’s evident. Verification is required if the exemption is not obvious.
· We get people that mark yes on being homeless on the assessment, and when asked, they say they are couch surfing, etc. Is that acceptable as a homeless exemption?
Yes, couch surfing is considered an unstable situation and meets the exemption criteria. However, if a person says they are ready to go to work, you can work with them in the program.
For example, if a person says they have been living with their mother for the past years, it may be obvious to be a stable process. In this case, you may enter a case comment stating that participant says he/she is homeless; however, they do have a stable night time residence living with their mother, therefore are not homeless.
· The homelessness definition has changed based on previous guidance received from the state. Do counties need to adjust based on the new definition presented today?
Yes. The rule does not change and the policy memo does stipulate that there is no length of time that a person can be homeless. It must be tied to an unstable night time residence situation.
· If the FA technician does not enter the "chronic homelessness" exemption accurately, will the customer accumulate tickets, and will they have to be worked on the ticket reports?
Most likely yes; however, if the participant is determined to be exempt you may send a request to the EF policy email delete the ticket, if it’s invalid. You may also contact your county representative if you have further questions.
· Can we update the assessment on the homelessness question? Where do you stay? Or will the state clarify this?
We are currently working on it and we will add open ended questions to allow further discussions to determine an exemption.
· How is someone who is couch surfing not able to work? How did those two things become synonymous?What deems people who "couch surf" being incapable of holding a job? And how do we assist people in becoming self-sufficient when we are exempting them because they couch-surf?
We are not necessarily asking whether they are couch surfing or not, the question is whether they have a stable night time residency. If they do not, and that is impeding their job readiness, the exemption should be applied. However, if a person is couch surfing and based upon determination the participant is found to be ready to go to work, it is okay to assign the participant to the appropriate activity. There are different interpretations about couch surfing, but the county can make a policy around that and submit to the state.
Note:Any decision made should be explained in CBMS in the case comments section.
· Would a statement from a probation officer work for the exemption? (for not being able to complete their hours)
It depends on why they can’t do the workfare hours. Either because they are homeless or have a medical condition. The participant may be too occupied with the probation officer doing their requirements or have a restriction due to their background. If there are no available workfare sites that can fit a client due to their background issues, you may request a 15% exemption to the EF policy email
· Can you give an example of a good case comment for homeless exemption?
A good case comment must be clear on why you made the decision to exempt the participant. Include what you found during the appointment, state the person is homeless and that the participant does not have a stable night time residence.