UPM P-2530.10 - Accepting SSA Disability Determinations as Conclusive

CONNECTICUT DEPARTMENT OF INCOME MAINTENANCEPRIVATE UNIFORM POLICY MANUAL ______________________________________________________________________________ Date: 2-1-93 Transmittal: UP-93-2 P-2530.10 ______________________________________________________________________________ Section: Type: Categorical Eligibility Requirements PROCEDURES ______________________________________________________________________________ Chapter: Program: Disability AABD _______________________________________________________________ MAABD Subject: Accepting SSA Disability Determinations as Conclusive ______________________________________________________________________________

P-2530.10 1. Consider the individual to be disabled under the following conditions:

° SSA has determined the individual is disabled;

° MRT has determined the individual is disabled, and there is no binding decision by SSA to the contrary;

° an appeal of an SSA decision to deny disability has been filed and assistance already has been granted based on disability.

2. Consider the individual not to be disabled under any other circumstances.

3. Take the following steps if the individual was granted assistance based on disability and SSA subsequently finds the individual is not disabled:

° Determine if the individual is eligible on some basis other than disability. Unless a delay is warranted, take immediate steps to discontinue benefits if the individual is not eligible on some basis other than disability.

° Delay the action for a reasonable period if an SSA administrative appeal is likely. However, proceed with the discontinue if an appeal is not filed promptly.

The SSA decision becomes final once the deadline for filing the appeal expires; usually 60 days from the date SSA notifies the individual of the decision. Action to discontinue benefits must be initiated by this date.

° If the SSA decision is appealed, continue benefits until the next administrative decision is rendered. Repeat this process if the decision is appealed to the next higher level in the administrative appeals process. The Appeals Council is the highest administrative level.

4. If assistance is discontinued, add the following text to the bottom of the discontinuance notice:

"Social Security has determined you are not disabled. You can appeal to Social Security if you disagree with the decision. If you appeal, please call your worker. We may be able to give you benefits if you do this right away."