S.D. Admin. R. 67:10:06:08

Current through Register Vol. 51, page 57, November 12, 2024

Section 67:10:06:08 - Work activities - Reduced participation

If an individual does not qualify for an exemption but has extenuating circumstances which are expected to last at least 30 days and which prevent full participation, the department may reduce the number of hours required. Extenuating circumstances include items such as the following:

(1) The individual has a temporary illness or incapacity;

(2) A household member has a disability and needs care until family support services are available;

(3) The individual is a victim of domestic violence;

(4) The individual is a victim of rape;

(5) There is a family illness or a family crisis, such as the death of an immediate family member; or

(6) The individual is participating in an alcohol, drug, or mental health treatment program.

Except for individuals covered under subdivisions (3) and (4) of this section, the individual must submit evidence to the department which substantiates the reduction in participation. To provide this evidence, the individual must submit a report completed by a physician, physician's assistant, nurse practitioner, psychologist, optometrist, chiropractor, or social worker-PIP which supports the reduction. Participation may still be required if the report indicates the person can participate at a reduced level.

The department may request a second opinion.

S.D. Admin. R. 67:10:06:08

24 SDR 24, effective 8/31/1997; 36 SDR 103, effective 12/21/2009.

General Authority: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10, 28-7A-11.

Law Implemented: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10, 28-7A-11.