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An Act To Assist Persons Who May Be Eligible for Social Security Disability Assistance
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §3788, sub-§3, as amended by PL 2001, c. 335, §2, is further amended to read:
 
3. Assessment.   Each participant's case manager shall conduct an initial assessment to determine that individual's education, training and employment needs based on available program resources, the participant's skills and aptitudes, the participant's need for supportive services, local employment opportunities, the existence of any good cause circumstances under section 3785 and, to the maximum extent possible, the preferences of the participant. The department shall document findings in the participant's case record indicating any barriers to participation, including, but not limited to, any physical or mental health problems or other good cause circumstances specified in section 3785.
 
If it is determined upon initial assessment or at a later date that the participant has significant employment barriers, including physical or mental health problems, learning disabilities or limitations related to providing care for a disabled household member or a child with serious behavioral problems, the case manager shall refer that participant for a comprehensive disability screening and assessment conducted by a qualified individual to identify the abilities, limitations and needs of that participant. The participant may supplement the assessment with medical records or any other credible information related to the participant’s ability to participate in program activities. Such an assessment may also be initiated at the request of the participant at any time.
 
The case manager shall use the comprehensive disability screening and assessment to determine appropriate services and supports to enable economic self-sufficiency and family well-being for the participant that may include:
 
A.  Referral to a community agency qualified to assist the participant with services, supports, education, training and accommodations needed to reduce or overcome any barriers to achieve self-sufficiency and to fulfill each participant's personal and family responsibilities; or
 
B.  Assistance applying for federal social security disability insurance benefits or federal supplemental security income benefits needed by that participant to access those benefits in accordance with subsection 3-A.
 
Nothing in this subsection may preclude a determination that the participant is temporarily unable to participate due to good cause circumstances as described in section 3785. Any determination made under this subsection may be appealed in accordance with section 3762, subsection 9.
 
A participant identified as qualifying for the comprehensive disability screening and assessment under this subsection may not be sanctioned for failing to comply with an assigned activity until assessment results are received and reviewed by the department.
 
The department shall provide training for case managers to ensure that they are able to identify participants needing the comprehensive disability screening and assessment and understand the requirements of the federal Americans with Disabilities Act.
Sec. 2.  22 MRSA §3788, sub-§3-A  is enacted to read:
 
3-A.  Application assistance; Social Security Administration.     The department shall develop a system to expedite and maximize the award of federal social security disability insurance benefits and federal supplemental security income benefits for a participant receiving assistance under the ASPIRE-TANF program who has been assessed as having a severe illness or disability and any dependent of the participant who may be eligible for benefits administered through the United States Social Security Administration. If it is determined under subsection 3 that the participant has a physical or mental health problem that may be severe enough for the participant to qualify for federal social security disability insurance benefits or federal supplemental security income benefits, the case manager shall provide or arrange for assistance in accessing the benefit for which the participant may be eligible. The department shall work with members of the medical and mental health provider community to increase and update their knowledge of the social security law and procedures related to a disability so that they may provide more comprehensive and effective evidence in support of disability applications.
 
The department shall:
 
A.  Assist the participant or dependent in submitting a timely and complete application to the United States Social Security Administration for assistance;
 
B.  Obtain consent to become the participant's or dependent's representative during the application process when necessary and appropriate;
 
C.  Determine if the participant or dependent may have an impairment that warrants a finding of presumptive disability under the social security law and, if so, advise the United States Social Security Administration of the condition;
 
D.  Assist in collecting comprehensive medical evidence to document functional and medical disability sufficient to permit a claims adjudicator to make an accurate determination of disability, increase the likelihood of disability benefit award at the time of the initial application and substantially reduce the processing time associated with the application;
 
E.  Arrange for any additional medical assessment necessary to accurately determine disability;
 
F.  Prepare a summary report for inclusion with the application stating all relevant evidence in support of the participant's or dependent's claim for consideration by the claims adjudicator conducting the disability determination; and
 
G.  Arrange for legal representation when necessary to appeal an adverse decision related to the participant's or dependent's application when an appeal is warranted.
 
SUMMARY
This bill requires the Department of Health and Human Services to assist ASPIRE-TANF participants who have been determined to have a physical or mental health problem that may be severe enough to qualify for federal social security disability insurance benefits or federal supplemental security income benefits to apply for those benefits. The bill also establishes guidelines and criteria that the department is required to follow in assisting the participants.