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Louisiana Medicaid Eligibility Manual Eligibility Determinations

Reissued March 24, 2025 Replacing October 17, 2022

Page 23 of H-600 Revised/added text indicated by underscore

Deleted text indicated by “**”

H-660 DISABLED WIDOW(ER)S AND DISABLED SURVIVING DIVORCED SPOUSES (DW/W/DS) H-660.1 GENERAL INFORMATION Under the OBRA Act of 1990 (Public Law 101-508, Section 5103), Congress permanently revised the special, more restrictive disability standard for disabled widow(er)s to the disability standard that applies to all title II and SSI adult disability applicants.

These public laws protect Medicaid coverage for Widow(er)s who become ineligible for SSI due to receipt of SSA Disabled Widow(er)’s Benefits age 50-59 as long as:

• They were receiving SSI for the month prior to the month they began receiving RSDI payments, and

• They would continue to be eligible for SSI if the amount of the Widow(er) RSDI benefit were not counted as income,

• They are not entitled to Part A Medicare.

The beneficiary loses eligibility for DW/WS at entitlement to Part A Medicare. Since DW/W/DS SSA benefits are based on disability, each month of SSI eligibility, including non-pay status month, is counted toward the individuals five month disability waiting period and twenty four month Medicare waiting period which will reduce (or eliminate) the normal wait for entitlement to disability benefits and/or Medicare twenty-four month waiting.

H-661 ELIGIBILITY DETERMINATION PROCESS Determine eligibility by applying the following criteria. The elements have been listed in the most logical order, but work on all steps simultaneously.

H-661.1 Determine Assistance/Benefit Unit The assistance/benefit unit consists of the applicant/beneficiary.