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b. Qualify for such MAGI coverage but would prefer to be evaluated for IHCC through a pathway for Community Medicaid. 2. Limits on Referral – In accordance with Federal Regulations at 42 C.F.R. § 435.541 (2023), when a person is seeking Medicaid on the basis of a disability, the following limitations apply: a. The MART may not make a determination of disability when the only application for benefits has been filed with the SSA. b. The MART may not make an independent determination of disability if the SSA has made such a determination on the same issues presented in the Medicaid application within the ninety (90) day time limit allowed by Federal Regulations. c. A determination of disability made by the SSA is binding. Accordingly, the MART must refer to the SSA all applicants alleging new information or evidence affecting previous determinations of ineligibility based on disability for reconsideration or reopening of the determination except in cases specified in 42 C.F.R. § 435.541(c)(4) (2023). 3. These limits on referrals to the MART do not apply if the person is seeking Medicaid as a non-cash recipient with income above the SSI standard through the EAD pathway and the person has not applied for SSI cash benefits; has applied and has been found ineligible for SSI for a reason other than disability; or the SSA has not made a determination on a disability related application within ninety (90) days from the date the application for Medicaid was filed with the SSA. 1.11.5 Continuing Eligibility for EAD Adults with Disabilities A. Continuing eligibility for beneficiaries eligible due to a disability is multifaceted. 1. Medicaid Renewal – Beneficiaries eligible through the EAD pathway on the basis of a disabling impairment are renewed on an annual basis in accordance with the provisions of Subchapter 00 Part 2 of this Chapter, subject to periodic reviews by the MART. 2. MART Periodic Reviews – These reviews must focus on whether there has been any medical improvement in a beneficiary’s impairment since the comparison point decision and, if so, whether the improvement is related to the beneficiary’s ability to work. For these purposes: a. Comparison Point Decision (CPD). The most recent favorable decision which is the latest final determination or decision involving a consideration of the medical evidence and whether a person is disabled or continues to be disabled.