Effective Date: May 1, 2006

Contact DHHS Policy Specialist for Previous Policy (337 was renumbered to 330-4 as of November 1, 2017)

Previous Policy for Determining Eligibility for Widow Protected Group (337-1 incorporated into 330-4 as of November 1, 2017)

Protected Disabled Widows and Widowers

Disabled people who lose SSI because they receive widow/widower benefits from SSA or an increase in these benefits can receive Medicaid in this protected group.

There were two groups of disabled widows and widowers who received protected Medicaid.

People in the first group used to receive SSI benefits until SSA changed the way it calculated some survivor's benefits. This caused their SSA amount to increase enough to make them ineligible for SSI. SSA identified these individuals and provided lists to the states. These people must have applied for Medicaid by December 1, 1988. There are no longer any people who qualify in this group.

People in the other group receive protected Medicaid beginning with the month after they lose their SSI and are receiving a widow's benefit from Social Security. The protected Medicaid may last until they become entitled to Part A Medicare. See below to determine eligibility for this group of disabled widows and widowers.

How to Identify Disabled Widows and Widowers

Check the individual’s Social Security benefit claim number. The claim number will be the spouse's SSN with a D or a W at the end. To get widow or widower’s benefits a person has to be at least 50 years old and disabled. Widow's age 60-64 can also receive Social Security widow/widower benefits, but to qualify for this protected group, they had to have received SSI, continue to be disabled and are not entitled to Medicare Part A.

C. Eligibility Criteria