N.M. Admin. Code § 8.281.400.18

Current through Register Vol. 35, No. 21, November 5, 2024

Section 8.281.400.18 - DISABILITY

To be considered disabled, an applicant or recipient under 65 years of age is considered to have a qualifying disability if they are unable to engage in any substantial gainful activity because of any medically determinable physical, developmental, or mental impairment which has lasted, or is expected to last, for a continuous period of at least 12 months.

A.Documentation of disability: An applicant or recipient must meet the social security administration (SSA)'s definition of disability. If the applicant or recipient is receiving social security or supplemental security income (SSI) benefits based on the condition of disability, verification of this factor can be accomplished through documents, such as award letters or benefit checks.

B.Status of SSA determination: If it has not been determined whether an applicant or recipient meets the SSA's definition of disability or if only a temporary determination was made, the ISS must request a determination from the DDU. Eligibility based on disability cannot be considered to exist without a DDS determination.

C.Redetermination of disability: A redetermination of disability by the DDU is not required on a re-application following an applicant or recipient's termination from SSI/SSA or medicaid, if a permanent condition of disability was previously established or the termination was based on a condition unrelated to disability and there was no indication of possible improvement in an applicant/recipient's physical condition.

D.Remedial treatment: If the DDU recommends remedial medical treatment that carries no more than the usual risk or a reasonable plan for vocational training, an applicant or recipient must comply with the recommendation unless good cause for not doing so exists.

N.M. Admin. Code § 8.281.400.18

2/1/95; 8.281.400.18 NMAC - Rn, 8 NMAC 4.ICM.424, 7/1/03, Adopted by New Mexico Register, Volume XXIX, Issue 24, December 27, 2018, eff. 1/1/2019, Amended by New Mexico Register, Volume XXXII, Issue 07, April 6, 2021, eff. 5/1/2021