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Chapter 9 - Disability/Blindness INTRODUCTION 9.1 This chapter pertains to MA and FS only. Some applicants qualify for program benefits or special consideration when determining benefits on the basis of disability or blindness. This chapter discusses the definition of disability and blindness and how to establish disability or blindness for eligibility purposes. (See Section 1.6: Exemptions from Work Requirements in Part V for information on exemptions to TANF work requirements based on incapacity. See Section 3.10: POWER in Part VIII for information on the POWER program -- an alternative to TANF for incapacitated individuals.)
Disability or blindness affects eligibility for two programs, MA, and FS. Individuals not otherwise eligible for Medicaid can qualify based on their disability or blindness if they also meet other non-financial and financial eligibility requirements (see Part VI: Financial Eligibility Requirements). FS households that include a disabled or blind household member are also entitled to special considerations. Such households are not required to meet the gross income test (see Chapter 8: Determining Income Eligibility in Part VI), can receive a larger shelter deduction under some circumstances, and can deduct certain medical expenses from their income (see Chapter 6: Income Disregards and Deductions in Part VI).
LEGAL AUTHORITY 9.2 AREA/TOPIC DISTRICT FEDERAL Disability/Blindness MA: 42 USC 1396a(m); 42 CFR 435.530-531, .540-541 FS: 7 USC 2012 (r); 7 USC 2014 (c); 7 USC 2014 (e); 7 USC 2014 (g;) 7 CFR 271.2; 273.9 (a); 273.9 (d)(3); 273.9 (d)(5)(ii)
DEFINITION 9.3 MA AR: N/A AX: N/A SR: A person is permanently and totally disabled when: • s/he has a medically determined physical or mental impairment, • his/her impairment prevents him/her from engaging in any substantial gainful activity, and • his/her impairment: o can be expected to result in imminent death, o has lasted at least 12 consecutive months, or o is expected to last at least 12 consecutive months; or s/he: o meets the District of Columbia's October 1972 definition of disability, and o received assistance under the Aid to the Permanently and Totally Disabled Program for December 1973.