Current through Register 1531, September 27, 2024
Individuals meeting the following requirements are entitled to
special treatment including waiver of the in-office interview (see
106 CMR
361.510); the gross income standard
exception (see
106 CMR
364.370: Determining Eligibility
Based on Gross Income); a maximum asset limit of $3250 (see
106 CMR 363.110(A)
); the excess medical deduction (see
106 CMR 364.400(C)
); an uncapped shelter deduction
(see
106 CMR 364.400(G)
) and the 165% Income Standard for Elderly
and Disabled Individuals (see
106 CMR
361.200) .
(A) To be considered an elderly individual,
he or she must be 60 years of age or older by the last day of the month of
application. A disabled individual is someone who meets one of the following
requirements:
(1) Receives or is certified to
receive Supplemental Security Income (SSI) benefits (Title XVI), or disability
or blindness payments under Titles I (Old Age Assistance), II (Retirement,
Survivor and Disability Insurance [RSDI]), X (Aid to the Blind), XIV (Aid to
the Permanently and Totally Disabled) or XVI of the Social Security Act; or
Receives or is certified to receive federally or State-administered
supplemental benefits under section 1616(a) of the Social Security Act provided
that the eligibility to receive the benefits is based upon the disability or
blindness criteria used under title XVI of the Social Security Act or receives
federally or State-administered supplemental benefits under section 212(a) of
Pub. L. 93-66;
(2) Receives
disability-related medical assistance under Title XIX of the Social Security
Act (MassHealth);
(3) Receives
disability retirement benefits from a governmental agency because of a
disability considered permanent under section 221(i) of the Social Security
Act;
(4) Is a veteran with a
service-connected or nonservice-connected disability rated or paid as total by
the Veterans' Administration (VA) under 38 USC;
(5) Is a veteran considered by the VA to be
in need of regular aid and attendance or permanently housebound under 38
USC;
(6) Is a surviving spouse of a
veteran and considered by the VA to be in need of regular aid and attendance or
permanently housebound or a surviving child of a veteran and considered by the
VA to be permanently incapable of self-support under 38 USC;
(7) Is a surviving spouse or surviving child
of a veteran receiving or approved by the VA to receive compensation for a
service-connected death or pension benefits for a nonservice-connected death
under 38 USC and has a disability considered permanent under section 221(i) of
the Social Security Act; or
(8)
Receives an annuity payment under: section 2(a)(1)(iv) of the Railroad
Retirement Act of 1974 and is determined to be eligible to receive Medicare by
the Railroad Retirement Board; or section 2(a)(1)(v) of the Railroad Retirement
Act of 1974 and is determined to be disabled based upon the criteria used in
determining eligibility for SSI.
(B) The requirements in 106 CMR
361.210(A)(1), (2), (4) through (6), and (8) shall be verified in all cases.
The requirements in 106 CMR 361.210(A)(3) and (7) regarding a disability
considered permanent shall be verified only if the disability and its
permanence are not obvious to the Department. The requirements listed in 106
CMR 361.210(A)(1) through (8) are verified as follows.
(1)106 CMR 361.210(A)(1): the household shall
provide proof that the disabled individual is receiving or is certified to
receive SSI benefits or disability or blindness payments under RSDI.
(2)106 CMR 361.210(A)(2): the household shall
provide proof that the disabled individual is receiving or is certified to
receive MassHealth on the basis of disability or blindness criteria used under
title XVI of the Social Security Act, if the Department is unable to do
so.
(3)106 CMR 361.210(A)(4): the
household must present a statement from the VA that clearly indicates the
disabled individual is receiving VA disability benefits for a service-connected
or nonservice-connected disability rated as total or paid at the total rate by
the VA.
(4)106 CMR 361.210(A)(5)
and (6): proof by the household that the disabled individual is receiving VA
disability benefits is sufficient verification of disability.
(5)106 CMR 361.210(A)(3) and (7): the
Department shall use the Social Security Administration's (SSA) most current
list of disabilities considered permanent under the Social Security Act. If it
is obvious to the worker that the individual has one of the listed
disabilities, the household shall be considered to have verified the
disability. If the disability is not obvious to the worker, the household shall
verify the disability by providing a statement from a physician or a licensed
or certified psychologist certifying that the individual has one of the
nonobvious disabilities listed.
(6)106 CMR 361.210(A)(8), the household shall
provide proof that the individual receives a Railroad Retirement disability
annuity from the Railroad Retirement Board and has been determined to qualify
for Medicare.
