1. (1) This rule covers public and private disability benefits, except the following:

   1. (a) Agent Orange disability benefits (covered in OAR 461-145-0005).
   2. (b) Paid Leave Oregon benefits (covered in OAR 461-145-0375).
   3. (c) Radiation Exposure Compensation Act payments (covered in OAR 461-145-0415).
   4. (d) Social security based on disability or Supplemental Security Income (SSI) (covered in OAR 461-145-0490 and 461-145-0510).
   5. (e) Veterans benefits (covered in OAR 461-145-0580).
   6. (f) Workers compensation (covered in OAR 461-145-0590).

2. (2) For each disability payment covered under this rule:

   1. (a) If received monthly or more frequently:

      1. (A) In the REF, REFM, SNAP, and TANF programs, income from employer-sponsored disability insurance is counted as earned income (see OAR 461-145-0130) if paid to an individual who is still employed while recuperating from an illness or injury.
      2. (B) In the OSIP, OSIPM, and QMB programs, income from employer-paid disability insurance is counted as earned income if received within six full calendar months after stopping work.
      3. (C) Except as provided in paragraphs (A) and (B) of this subsection, the payment is counted as unearned income.
   2. (b) All payments other than those in subsection (a) of this section are counted as periodic or lump-sum income (see OAR 461-140-0110 and 461-140-0120).

Statutory/Other Authority

ORS 411.060, 411.816 & 412.049

Statutes/Other Implemented

ORS 411.060, 411.083, 411.816 & 412.049

History

SSP 22-2023, amend filed 06/26/2023, effective 07/01/2023
SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14
SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14
SSP 17-2008, f. & cert. ef. 7-1-08
SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90