Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 469 - ASSISTANCE TO THE AGED, BLIND, OR DISABLED PROGRAM
Chapter 2 - ELIGIBILITY REQUIREMENTS
Section 469-2-007 - BLINDNESS OR DISABILITY

Current through September 17, 2024

The eligibility requirements and definitions for blindness and disability follow:

007.01 ELIGIBILITY REQUIREMENTS APPLICABLE ONLY TO BLIND OR DISABLED. All applicants for Assistance to the Aged, Blind, or Disabled payment or State Disability Program after January 1, 1974, must meet the medical definitions of blindness or disability of the Retirement, Survivors, Disability Insurance or Supplemental Security Income Programs as administered by the Social Security Administration. The determination by Social Security Administration that an individual is disabled or blind must be accepted for eligibility for Assistance to the Aged, Blind, or Disabled. In some cases, the State Review Team may make the determination of blindness or disability.

007.02 DEFINITIONS OF DISABILITY AND BLINDNESS. The following definitions are used by the Social Security Administration and the Department's designated Medical Consultant Review process in making a determination for the Assistance to the Aged, Blind, or Disabled payment program and the State Disability Program:

(A) An individual is considered disabled for the Assistance to the Aged, Blind, or Disabled payment program when it is not possible for the individual to engage in any substantial gainful activity due to any medically determined physical or mental impairment which can be expected to result in death or which has lasted, or can be expected to last, for a continuous period of not less than 12 months. A child through age 17 is considered disabled if the individual suffers from any medically determined physical or mental impairment of comparable severity.

(B) An individual is considered blind for the Assistance to the Aged, Blind, or Disabled payment program if that individual has central visual acuity of 20 over 200, or less, in the better eye with correcting lens, or a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance of no greater than 20 degrees.

(C) An individual is considered disabled for the State Disability Program if it is not possible for the individual to engage in any substantial gainful activity by reason of a medically determined physical or mental impairment which can be expected to result in death or which has lasted, or can be expected to last, for a continuous period of not less than 6 months from onset and not more than 12 months. The Department's designated medical reviewer always makes the determination for State Disability Program. The individual cannot be ineligible for other Medicaid programs.

007.03 DETERMINATION OF ELIGIBILITY FOR THE BLIND OR DISABLED

(A) When the Social Security Administration has made the disability determination, all eligibility requirements for the Assistance to the Aged, Blind, or Disabled payment program, except for the disability determination, are the responsibility of the Department.

(B) To have the State's Medical Consultant make the disability determination for the State Disability Program the individual must be denied by Social Security for a 'lack of duration'.

(C) To be eligible for Assistance to the Aged, Blind, or Disabled payment program, the individual must have been determined disabled by the Social Security Administration, and be currently eligible to receive Supplemental Security Income or Retirement, Survivors, Disability Insurance, or be determined disabled by the State Review Team.

(D) To be eligible for a State Disability Program payment, the individual must have been denied Supplemental Security Income due to a 'lack of duration' of their disability, and was determined disabled by the Department's Medical Consultant.

(E) The cost of medical examinations to determine initial or continuing State Disability eligibility may not exceed the established Medicaid allowable fee. The cost of a medical examination to determine eligibility is an allowable Title XIX expenditure if the individual is eligible for medical benefits on the date of the examination. If the initial application is rejected, the cost of the examination must be paid from administrative funds

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