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COMAR 10.09.24.05

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State of Maryland Medical Assistance Manual Revised July 2012

applied for SSA benefits. A letter from SSA that contains the SSA determination will serve as proof of SSA’s determination. If SSA has previously denied disability and the applicant alleges new information or produces new evidence affecting the previous denial, the LDSS or other entity determining eligibility shall refer the applicant to SSA to file a new application or for reconsideration of the applicant’s case. The LDSS shall accept the application but the original SSA determination of “not disabled” is binding unless SSA changes their determination after reconsidering the case. Retroactive Consideration If the applicant indicates the existence of one or more impairments during the three months prior to application (retroactive period), the LDSS shall request the retroactive period on the DHR/FIA 707 form submitted to SRT. SRT Procedures The SRT shall review the information provided by the LDSS and other evidence to make a disability determination. The SRT will make every effort to obtain additional information when necessary.

Notification to Applicant of “Not Disabled” Determinations (736 and 739 Forms) If the SRT determines the applicant is not disabled, the SRT will send the LDSS two (2) copies of the DHR/FIA 736 (Medical, Vocational and Educational Assessment). The LDSS uses the DHR/FIA 739 (Disability Determination Notice of Action) as a cover letter to send one copy of the DHR/FIA 736 to the applicant or an authorized representative. The other copy remains in the case record. 500.9 Caretaker Relative In order to be eligible for a MA Families and Children (FAC) coverage group as a caretaker relative an individual must meet the definition of “caretaker relative” as being the parent or other adult who is: Related to a child by blood, marriage, or adoption and Living with and caring for the child

For this purpose, a child is defined as an unmarried person less 21years old. The required verification of an applicant or recipient’s status as a caretaker relative (is addressed under Chapter 6 of this Manual).