Section 361.210 - Elderly or Disabled IndividualsIndividuals meeting the following requirements are entitled to special treatment including waiver of the in-office interview (see 106 CMR 361.510 ); the gross income standard exception (see 106 CMR 364.370: Determining Eligibility Based on Gross Income); a maximum asset limit of $3250 (see 106 CMR 363.110(A) ); the excess medical deduction (see 106 CMR 364.400(C) ); an uncapped shelter deduction (see 106 CMR 364.400(G) ) and the 165% Income Standard for Elderly and Disabled Individuals (see 106 CMR 361.200 ).
(A) To be considered an elderly individual, he or she must be 60 years of age or older by the last day of the month of application. A disabled individual is someone who meets one of the following requirements: (1) Receives or is certified to receive Supplemental Security Income (SSI) benefits (Title XVI), or disability or blindness payments under Titles I (Old Age Assistance), II (Retirement, Survivor and Disability Insurance [RSDI]), X (Aid to the Blind), XIV (Aid to the Permanently and Totally Disabled) or XVI of the Social Security Act; or Receives or is certified to receive federally or State-administered supplemental benefits under section 1616(a) of the Social Security Act provided that the eligibility to receive the benefits is based upon the disability or blindness criteria used under title XVI of the Social Security Act or receives federally or State-administered supplemental benefits under section 212(a) of Pub. L. 93-66;(2) Receives disability-related medical assistance under Title XIX of the Social Security Act (MassHealth);(3) Receives disability retirement benefits from a governmental agency because of a disability considered permanent under section 221(i) of the Social Security Act;(4) Is a veteran with a service-connected or nonservice-connected disability rated or paid as total by the Veterans' Administration (VA) under 38 USC;(5) Is a veteran considered by the VA to be in need of regular aid and attendance or permanently housebound under 38 USC;(6) Is a surviving spouse of a veteran and considered by the VA to be in need of regular aid and attendance or permanently housebound or a surviving child of a veteran and considered by the VA to be permanently incapable of self-support under 38 USC;(7) Is a surviving spouse or surviving child of a veteran receiving or approved by the VA to receive compensation for a service-connected death or pension benefits for a nonservice-connected death under 38 USC and has a disability considered permanent under section 221(i) of the Social Security Act; or(8) Receives an annuity payment under: section 2(a)(1)(iv) of the Railroad Retirement Act of 1974 and is determined to be eligible to receive Medicare by the Railroad Retirement Board; or section 2(a)(1)(v) of the Railroad Retirement Act of 1974 and is determined to be disabled based upon the criteria used in determining eligibility for SSI.(B) The requirements in 106 CMR 361.210(A)(1), (2), (4) through (6), and (8) shall be verified in all cases. The requirements in 106 CMR 361.210(A)(3) and (7) regarding a disability considered permanent shall be verified only if the disability and its permanence are not obvious to the Department. The requirements listed in 106 CMR 361.210(A)(1) through (8) are verified as follows. (1)106 CMR 361.210(A)(1): the household shall provide proof that the disabled individual is receiving or is certified to receive SSI benefits or disability or blindness payments under RSDI.(2)106 CMR 361.210(A)(2): the household shall provide proof that the disabled individual is receiving or is certified to receive MassHealth on the basis of disability or blindness criteria used under title XVI of the Social Security Act, if the Department is unable to do so.(3)106 CMR 361.210(A)(4): the household must present a statement from the VA that clearly indicates the disabled individual is receiving VA disability benefits for a service-connected or nonservice-connected disability rated as total or paid at the total rate by the VA.(4)106 CMR 361.210(A)(5) and (6): proof by the household that the disabled individual is receiving VA disability benefits is sufficient verification of disability.(5)106 CMR 361.210(A)(3) and (7): the Department shall use the Social Security Administration's (SSA) most current list of disabilities considered permanent under the Social Security Act. If it is obvious to the worker that the individual has one of the listed disabilities, the household shall be considered to have verified the disability. If the disability is not obvious to the worker, the household shall verify the disability by providing a statement from a physician or a licensed or certified psychologist certifying that the individual has one of the nonobvious disabilities listed.(6)106 CMR 361.210(A)(8), the household shall provide proof that the individual receives a Railroad Retirement disability annuity from the Railroad Retirement Board and has been determined to qualify for Medicare.Amended by Mass Register Issue 1329, eff. 12/30/2016.