(a) For purposes of satisfying the definition of excluded worker in subsection 1 of section 2 of part EEE of chapter 59 of the Laws of 2021 an applicant must have experienced:

1. (1) loss of work-related earnings of at least 50 percent per week from the week beginning February 23, 2020; or
2. (2) loss of household income of at least 50 percent per week from the week beginning February 23, 2020.

(e) The following documents must be provided with an application for benefits if the applicant becomes the breadwinner or major source of income for a household:

1. (1) death certificate of the previous breadwinner or major source of income for the household, including the date of death; or

2. (2) proof of disability of the previous breadwinner or major source of income for the household, including the date and nature of the disability, including:

   1. (i) statements, records, or letters from a medical professional licensed in New York State that provides, or has provided, medical treatment or evaluation for the mental or physical injury or illness that prevents the individual from performing the regular duties of his or her work. Such documentation must address the individual’s ability to perform work-related activities, such as sitting, standing, walking, lifting, carrying, handling objects, hearing, speaking, and traveling. In cases involving mental impairments, the documentation must describe the individual’s ability to understand, to carry out and remember instructions, and to respond appropriately to supervision, coworkers, and work pressures in a work setting. A licensed medical professional includes:

      1. (a) a licensed physician, including a medical or osteopathic doctor;
      2. (b) a licensed psychologist, including a licensed or certified psychologist at the independent practice level; and a licensed or certified school psychologist, or other licensed or certified individual with another title who performs the same function as a school psychologist in a school setting, for impairments of intellectual disability, learning disabilities, and borderline intellectual functioning only;
      3. (c) a licensed optometrist for impairments of visual disorders, or measurement of visual acuity and visual fields within the licensed scope of practice only;
      4. (d) a licensed podiatrist for impairments of the foot, or foot and ankle within the licensed scope of practice only;
      5. (e) a licensed audiologist for impairments of hearing loss, auditory processing disorders, and balance disorders within the licensed scope of practice only;
      6. (f) a licensed advanced practice registered nurse (APRN), advanced practice nurse (APN), and advanced registered nurse practitioner (ARNP) for impairments within the licensed scope of practice only;
      7. (g) a licensed physician assistant for impairments within the licensed scope of practice only; or
      8. (h) any other source specified by the commissioner;
   2. (ii) statements, records, or letters from an agency, authority, board, or commission of New York State, a government agency or authority of a political subdivision within New York State, or an agency of the Federal government that issues or provides disability benefits showing the individual is entitled to such benefits based on his or her mental or physical condition; or
   3. (iii) statements, records, or letters from a private vocational rehabilitation or other counselor that issues or provides disability benefits or services showing the individual is entitled to such benefits based on their mental or physical condition; or
   4. (iv) any other documentation specified by the commissioner.