S.D. Admin. R. 62:01:04:03

Current through Register Vol. 51, page 67, December 16, 2024
Section 62:01:04:03 - Disability determination - Disability advisory committee - Medical examination

Upon receipt of an application for a disability benefit, with supporting medical evidence, the executive director shall determine whether the applicant is eligible for a disability benefit. The executive director may request the advice of the disability advisory committee with respect to any application. The recommendation of the disability advisory committee is not binding on the executive director. The disability advisory committee or the executive director may require an independent medical examination of an applicant to be conducted by a licensed, disinterested physician selected by the disability advisory committee or the executive director to evaluate the applicant's condition. The disability advisory committee or the executive director may require a functional capacity assessment of the applicant to be conducted by a licensed professional qualified to administer such assessments, and the assessment may be used to evaluate the applicant's qualification for benefits. If the executive director determines that the member is not disabled, a notice of the executive director's determination and the reasons for it shall be sent by certified mail to the applicant's last known address.

S.D. Admin. R. 62:01:04:03

2 SDR 17, effective 9/9/1975; 3 SDR 13, effective 8/25/1976; transferred from § 47:07:04:03, effective 7/1/1979; 6 SDR 87, effective 3/2/1980; 9 SDR 81, 9 SDR 124, effective 7/1/1983; 24 SDR 160, effective 5/24/1998; 45 SDR 142, effective 7/1/2019

General Authority: SDCL 3-12C-211.

Law Implemented: SDCL 3-12C-801, 3-12C-803.