2638 Protected Filing Date

If an individual makes application for medical and has been or is later denied disability status under the SSI program, there is no eligibility for automatic status and, unless the individual otherwise qualifies for another FFP medical program, the application shall be denied. However, if the individual requests reconsideration of the disability decision or formally appeals the SSI decision within the allowable SSA reconsideration/appeal period, the medical application date shall be protected for purposes of eligibility (including prior eligibility). Verification of the timely request or appeal must be documented. If the client obtains disability status upon reconsideration or wins the SSI appeal and reapplies for medical, automatic eligibility shall be provided back to the protected medical application date, including the 3 prior months, provided that the individual is determined eligible for SSI for this entire time period.