The department may determine whether an individual is disabled upon review of psychiatric reports and records from a mental hospital. However, if the patient also has a physical disability, the department must obtain a medical report. If a disability is based on intellectual disability, a medical report and evidence of an intellectual disability are necessary for the department to determine initial eligibility. Specific information on mental ability must be obtained in all cases where the question of mental inadequacy may have a bearing on the eligibility determination. Likewise, copies of records from a mental hospital or reports from mental health clinics are important sources of information, and must be obtained unless the applicant is so severely physically disabled that eligibility is apparent.
S.D. Admin. R. 67:12:01:44
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.