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Chapter: 2200 Standard Filing Unit Program: MSSI, SFP 33

2240.0604.05 Martial Status as Determined by SSA (MSSI, SFP) The policy in this section is applicable only to MEDS-AD, Medically Needy, Protected Medicaid, Working Disabled, QMB, SLMB, QI-1, OSS and HCDA.

If either of the parties is (or has been) determined to be the spouse of the other by SSA in a claim for husband's or wife's benefits, they will be considered husband and wife. The effective date of the determination that they are husband and wife will be the date of the SSA determination or the date of application for SSI, whichever is the most recent. 2240.0604.06 Living Together (MSSI, SFP) The policy in this section is applicable only to MEDS-AD, Medically Needy, Protected Medicaid, Working Disabled, QMB, SLMB, QI-1, OSS and HCDA.

If a man and woman are living together and representing that they are husband and wife, they will be considered to be married. A man and woman are representing themselves to be married if:

1. they use the same surname; 2. they are listed as husband and wife in deeds, credit accounts, leases or other documents; or 3. they are considered to be husband and wife by relatives, friends, neighbors, or trades people with whom they do business.

Normally, it will not be necessary to obtain statements from these people if the parties indicate that their relatives, friends, and the like, consider them to be husband and wife. However, if a man and woman are living together and one of them is applying and denies being married to the party with whom they are living, further development is needed. 2240.0604.07 Married and Living with Spouse (MSSI, SFP) The policy in this section is applicable only to MEDS-AD, Medically Needy, Protected Medicaid, Working Disabled, QMB, SLMB, QI-1, OSS and HCDA.

When an individual alleges being married to and living with a person who is aged, blind, or disabled, the individual's statement as to the relationship will be accepted. The application will be processed as that of an eligible individual and eligible spouse. The eligible individual's case record will contain information about the income and assets of the spouse. If the individual indicates they are living with and married to a person who is neither aged, blind, nor disabled, the individual's statement regarding marriage will be accepted. Information concerning the income and assets of the spouse will be part of the case record. 2240.0604.08 Married but Not Living with Spouse (MSSI, SFP) The policy in this section is applicable only to MEDS-AD, Medically Needy, Protected Medicaid, Working Disabled, QMB, SLMB, QI-1, OSS and HCDA.

An applicant who is married, but not living with the spouse, will be asked to furnish the spouse's name and address and the date (or approximate date) of the separation.

They will be considered a couple during the month of separation but treated as individuals beginning the month following separation. 2240.0604.09 Separated and Living with Other (MSSI, SFP) The policy in this section is applicable only to MEDS-AD, Medically Needy, Protected Medicaid, Working Disabled, QMB, SLMB, QI-1, OSS and HCDA.