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(b) An applicant described in (a) of this section may receive interim assistance under 7 AAC 40.375 if the department determines that the applicant is disabled under 7 AAC 40.180. (c) An otherwise eligible applicant whose income exceeds SSI income standards but is within the income standards of this chapter, must be determined by the division of vocational rehabilitation of the Department of Labor and Workforce Development to meet the definition of disability contained in Title XVI of the Social Security Act, as amended (42 U.S.C. 1382c(a)(3)). (d) Repealed 9/30/83. (e) A person who received aid to the permanently and totally disabled in December, 1973, and who has received aid to the permanently and totally disabled continuously thereafter, is considered to be disabled under this chapter if he continues to meet the definition of disability in effect in December, 1973. (Eff. 5/12/82, Register 82; am 9/30/83, Register 87; am 10/1/93, Register 127; am 1/11/2006, Register 177) Statutory Authority: Authority: AS 47.05.010 AS 47.25.430 AS 47.25.455 7 AAC 40.180. Initial determination of disability. (a) An applicant whose disability is being determined by the department under 7 AAC 40.170(b) must be examined by a psychiatrist or other physician who has entered into a current provider agreement under 7 AAC 43.065. The results of the examination must be provided on a form approved by the department. (b) The department will make a determination of whether the applicant is disabled based on
(1) a medical review by the department as to whether the applicant is likely to be found disabled by the Social Security Administration, including whether the applicant’s impairment meets
(A) the SSI program’s presumptive disability criteria under 20 C.F.R. 416.934, as revised as of September 1, 2013, and adopted by reference; or
(B) Social Security Administration disability criteria for the listings of impairments described in 20 C.F.R. 404, subpart P, appendix 1, as revised as of September 1, 2013, and adopted by reference;