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Ministry of Social Development

Information Notice - PWD Adjudication Guidelines

Effective September 30, 2002

Introduction

The Ministry of Social Development has developed Adjudication Guidelines to guide adjudicators in the Health Assistance Branch as they determine eligibility for the Persons with Disabilities (PWD) designation as outlined in the Employment and Assistance for Persons with Disabilities Act.

The purpose of the Adjudication Guidelines is to ensure consistency in the interpretation of the evidenced-based information provided in the PWD Designation Application, as well as to ensure the decision-making process is reliable, transparent and effective.

Principles

The Adjudication Guidelines are based on the following principles:

  • Decisions are based on the information provided in the application as it relates to the "test" of the criteria outlined in legislation;
  • Knowledge and acquired expertise is applied only to determine when more information is required of the referring professionals;
  • Guidelines support objective assessment and provide an accumulative basis for assumptions; and,
  • Summary of findings supporting the results of the adjudication process are clear and have integrity.

Content Of Guidelines

  • Outlines the five basic criteria (as noted below);
  • Directs how information will be used from each section of the Application in relation to the test of the criteria;
  • Provides a definition framework for critical adjectives (severe, significantly restricts, periodic, etc.);
  • Gives instruction on the written summary of findings (meets designation or does not meet designation) as it relates to each of the 5 basic criteria; and,
  • Gives instruction on the setting of future review dates.

Five Basic Criteria

All of the following requirements must be met in order for a person to be found eligible for the PWD designation:

  • 18 years of age;
  • Severe physical or mental impairment (the application collects information to allow the adjudicator to make the determination whether the criterion of 'severe' impairment is met);
  • Impairment duration of at least 2 years (unless palliative);
  • Impairment directly and significantly restricts applicant's ability to perform Daily Living Activities; and,
  • Applicant requires help with Daily Living Activities (again application collects information and the adjudicator makes the determination of whether the help required meets the requirement in the Act).