209 AID TO THE PERMANENTLY AND TOTALLY DISABLED (AAM-A)

SR 21-01 Dated 01/21

Previous Policy

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To be eligible for financial or medical assistance under the Aid to the Permanently and Totally Disabled (APTD) program, an individual must meet all the requirements below:

• be between the ages of 18 and 64;

• meet the requirements in PART 300, NON-FINANCIAL CRITERIA;

• meet the financial requirements listed below;

• be physically or mentally disabled to the extent the individual cannot engage in a substantial gainful employment activity; and

• have a disability that is a condition of physical or mental disease, impairment, or limitation which is likely to result in death, or can be expected to last for a continuous period of not less than 48 months.

The Family Services Specialist (FSS) is responsible for determining if an individual meets the Substantial Gainful Activity (SGA) criteria. SGA applies to initial eligibility only. Individuals with earned income who are applying for APTD must have adjusted earned income, computed by subtracting allowable Impairment Related Work Expenses (IRWE) from gross earned income, of less than $1,310. If the net income exceeds $1,310, the application must be denied. See the Adult Assistance Manual (AAM) Section 603.01, Earned Income Disregard, for policy regarding IRWE’s.

 

The Disabilities Determination Unit (DDU) determines if an individual meets the medical criteria of disabled.

If an individual loses APTD eligibility due to earnings exceeding the SGA limit, the individual may be eligible for Medicaid for Employed Adults with Disabilities (MEAD). See the Medical Assistance Manual (MAM) PART 211, MEDICAID FOR EMPLOYED ADULTS WITH DISABILITIES (MEAD).

 

References: He-W 606.69, RSA 167:3-j, 20 CFR 404.1574(b), 20 CFR 404.1575(c), 20 CFR 404.1584(d), 20 CFR 416.974(b), 20 CFR 416.975(c), 20 CFR 416.976, 20 CFR 416.1112(c)(6)