Page 50

(b) The local department of social services shall obtain a medical report and other nonmedical evidence for an individual applying for Medical Assistance on the basis of disability. The medical report and nonmedical evidence shall include a diagnosis and other information in accordance with the requirements for evidence applicable to disability determinations under the Supplemental Security Income Program (SSI), specified under 20 CFR Part 416, Subpart I.

(c) A Family Investment Administration review team shall review the medical report and other evidence obtained under §C(2)(b) of this regulation and determine whether the individual's condition meets the definition of disability. The review team shall be composed of a medical or psychological consultant, and another individual who is qualified to interpret and evaluate medical reports and other evidence relating to the individual's physical or mental impairments and, as necessary, to determine the capacities of the individual to perform substantial gainful activity as specified in 20 CFR Part 416, Subpart J.

(3) The Family Investment Administration may not make an independent determination of disability if the Social Security Administration has made a disability determination within 90 days of the date of the Medical Assistance application on the same issues presented in the Medical Assistance application.

(4) A determination by the Social Security Administration is binding on the Family Investment Administration until it is changed by the Social Security Administration. If the Social Security Administration determination is changed, the new determination is also binding on the Family Investment Administration.

(5) The local department of social services shall refer to the Social Security Administration for reconsideration or reopening of the determination all applicants who allege new information or evidence affecting previous Social Security Administration determinations of ineligibility based on disability.

(6) Disability Determination made by the FIA. The Family Investment Administration shall make a determination of disability if any of the following circumstances exists:

(a) The individual applies for Medical Assistance and has not applied for SSI benefits;

(b) The individual applied for SSI benefits and was found ineligible for a reason other than disability;