FAH.3000. Non Financial Eligibility Standards
** Rule 5101:4-3-05 has been rescinded **
5101:4-3-05 Food Stamps: Nonfinancial Eligibility Standard-Assistance Group (AG) Composition
FSTL 284
Effective Date: November 1, 2007

Rescinded per FATL 332

(A)The county agency shall verify factors affecting the composition of an AG, if questionable. Individuals who claim to be a separate AG from those with whom they reside shall be responsible for proving that they are a separate AG to the satisfaction of the county agency. Individuals who claim to be a separate AG from those with whom they reside based on various factors for determining separateness shall be responsible for proving a claim of separateness (at the county agency's request). Individuals described as elderly and disabled in paragraph (A)(5) of rule 5101:4-2-03 of the Administrative Code, who wish to be a separate AG, shall also be responsible for obtaining the cooperation of the individuals with whom they reside in providing necessary income information to the county agency, and for providing (at the county agency's request) a physician's statement that they cannot purchase and prepare their own meals. For any AG member claiming a permanent disability that is questionable (not apparent) to the county agency under the definition of elderly or disabled member in rule 5101:4-1-03 of the Administrative Code, the AG shall provide (at the county agency's request) a statement from the veterans' administration, social security administration (SSA), or a physician or licensed or certified psychologist to assist the county agency in making a disability determination.

(1)For disability determinations, when individuals described in paragraph (A)(5) of rule 5101:4-2-03 of the Administrative Code wish to be separate AGs based upon their inability to purchase and prepare food due to age and disability, the county agency shall use the SSA's most current list of disabilities (as shown below described in paragraph (B) of this rule) as the initial step for verifying if an individual has a disability considered permanent under the Social Security Act of 1935. However, onlyOnly those individuals who suffer from one of the disabilities mentioned in the SSA list who are unable to purchase and prepare meals because of such disability shall be considered disabled for the purpose of this provision. However, Ifif it is obvious to the caseworkercounty agency that the individual is unable to purchase and prepare meals because he or she suffers from a severe physical or mental disability, the individual shall be considered disabled for the purpose of the provision even if the disability is not specifically mentioned on the SSA list.

(2)If the disability is not obvious,to the caseworker, he or shecounty agency shall verify the disability by requiring a statement from a physician or licensed or certified psychologist certifying that the individual (in the physician's/psychologist's opinion) is unable to purchase and prepare meals because he or she suffers from one of the nonobvious disabilities mentioned in the SSA list or is unable to purchase meals because he or she suffers from some other severe, permanent physical or mental disease or nondisease-related disability. The elderly and disabled individual (or his or her authorized representative) shall be responsible for obtaining the cooperation of the individuals with whom he or she resides in providing the necessary income information about the others to the county agency for purposes of this provision.

(B)The following is a list developed by the social security administration SSA, revised periodically, which may be used by the county agency to determine what impairments constitute permanent disability for Social Security Act disability purposes. (County departments of job and family servicesCounty agencies will be notified by ODJFSthe Ohio department of job and family services (ODJFS) of periodic updates.)

(1)Permanent loss of use of both hands, both feet, or one hand and one foot.

(2)Amputation of the leg at the hip.

(3)Amputation of the leg or foot because of diabetes mellitus or peripheral vascular diseases.

(4)Total deafness, not correctable by surgery or a hearing aid.

(5)Statutory blindness, except if due to cataracts or detached retina.

(6)IQ of fifty-nine or less, established after attaining age sixteen.

(7)Spinal cord or nerve root lesions resulting in paraplegia or quadriplegia.

(8)Multiple sclerosis in which there is damage of the nervous system because of scattered areas of inflammation which recurs and has progressed to varied interference with the function of the nervous system, including severe muscle weakness, paralysis, and vision and speech defects.

(9)Muscular dystrophy with irreversible wasting of the muscles with a significant effect on the ability to use the arms or legs.

(10)Impaired renal function due to chronic renal disease (documented by persistent adverse objective findings) resulting in severely reduced function which may require dialysis or kidney transplant.

(11)Amputation of a limb, if currently age fifty-five or older.

(12)Chronic liver disease with esophageal varices resulting in massive hemorrhage or requiring a shunt operation.

(13)Psychiatric impairments which have required institutionalization in a licensed mental hospital for the past two years without releases that would indicate improvement.

(14)Age fifty-nine and over with any of the following conditions:

(a)Arthritis of major weight-bearing joint.

(b)Arthritis of one major joint in each of the upper extremities.

(c)Disorders of the spine.

(d)Organic loss of speech.

(e)Chronic obstructive airway disease.

(f)Diffuse pulmonary fibrosis.

(g)Other restrictive ventilatory disorders.

(h)Chronic venous insufficiency.

(i)Arteriosclerosis obliterans or thromboangiitis.

(j)Diabetes mellitus.

(k)Scleroderma or progressive systemic sclerosis.

(l)Central nervous system vascular accident.

(m)Parkinsonian syndrome.

(n)Cerebral palsy.

(o)Amyotrophic lateral sclerosis.

(p)Anterior poliomyelitis.

(q)Tabes dorsalis.

(r)Subacute combined cord degeneration.

(s)Degenerative disease.

(t)Syringomyelia.

(15)Age fifty-five and over with two substantiated myocardial infarctions.

Effective: 11/01/2007

R.C. 119.032 review dates: 11/01/2012

Certification

Date

Promulgated Under: 111.15

Statutory Authority: 5101.54

Rule Amplifies: 329.04, 329.042, 5101.54

Prior Effective Dates: 6/2/80, 6/1/83, 9/24/83, 8/20/86 (Emer.), 11/15/86, 9/1/94, 10/1/97, 5/1/03