B. Disability

An owner may verify disability to determine whether a family or person meets the definition of disability used to determine eligibility for a project, preferences, or an allowance, or to identify applicant needs for features of accessible units or reasonable accommodations. The owner may not specifically ask for or verify the nature and extent of the disability. There are ways to verify disability status without obtaining detailed information or information that must not be collected. Verification of disability may be obtained through the following methods:

1. A third-party verification form may be sent by the owner to an appropriate source of information, including but not limited to a physician, psychologist, clinical social worker, other licensed health care, or the Veterans Administration.

   • a. If a third-party form is used, it must be signed by the applicant authorizing the release of such information to the owner.

   • b. The form should provide the definitions of disability used to determine eligibility and rent and should request that the source completing the form identify whether the applicant meets the definition. In this way the owner is not required to make any judgments about whether a condition is considered a disability, and will not have prohibited information.

2. Receipt of social security disability payments is adequate verification of an individual’s disability status for programs listed in Figure 3-5 that use definition E for person with disabilities. Such information is obtained through verification of the social security disability payments. See the discussion in Chapter 5, Section 3.

NOTE: Applicants who meet the Social Security's definition of disabled are eligible even if they do not receive social security benefits. The Section 202 and Section 811 programs do not use this definition of disability, therefore, this note does not apply to applicants for units in Section 202 or 811 projects. Because the Disability Status in EIV is not always accurate, owners must not use this status for determining an applicant’s or tenant’s eligibility as disabled for a HUD program or for receiving the elderly/disabled household allowance. Owners must obtain current tenant-provided documentation, or verification directly from the Social Security office to determine whether an applicant or tenant meets their definition as disabled for programs listed in Figure 3-5 that use definition E for person with disabilities.

3. Receipt of a veteran's disability benefits does not automatically qualify a person as disabled, because the Veteran's Administration and Social Security Administration define disabled differently.

HUD Occupancy Handbook Chapter 3: Eligibility for Assistance and Occupancy

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Section 3: Verification of Eligibility Factors

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