Eligibility for medical assistance of aged, blind, or disabled individuals under State’s medical assistance plan
Determination by Commissioner pursuant to agreement between Commissioner and State; costs
The Commissioner of Social Security may enter into an agreement with any State which wishes to do so under which the Commissioner will determine eligibility for medical assistance in the case of aged, blind, or disabled individuals under such State’s plan approved under subchapter XIX. Any such agreement shall provide for payments by the State, for use by the Commissioner of Social Security in carrying out the agreement, of an amount equal to one-half of the cost of carrying out the agreement, but in computing such cost with respect to individuals eligible for benefits under this subchapter, the Commissioner of Social Security shall include only those costs which are additional to the costs incurred in carrying out this subchapter.
Preservation of benefit status for certain disabled widows and widowers
An eligible disabled widow or widower (described in paragraph (2)) who is entitled to a widow’s or widower’s insurance benefit based on a disability for any month under section 402(e) or (f) of this title but is not eligible for benefits under this subchapter in that month, and who applies for the protection of this subsection under paragraph (3), shall be deemed for purposes of subchapter XIX to be an individual with respect to whom benefits under this subchapter are paid in that month if he or she—
has been continuously entitled to such widow’s or widower’s insurance benefits from the first month for which the increase described in paragraph (2)(C) was reflected in such benefits through the month involved, and
would be eligible for benefits under this subchapter in the month involved if the amount of the increase described in paragraph (2)(C) in his or her widow’s or widower’s insurance benefits, and any subsequent cost-of-living adjustments in such benefits under section 415(i) of this title
, were disregarded.
For purposes of paragraph (1), the term “eligible disabled widow or widower” means an individual who—
was entitled to a monthly insurance benefit under subchapter II for December 1983,
was entitled to a widow’s or widower’s insurance benefit based on a disability under section 402(e) or (f) of this title for January 1984 and with respect to whom a benefit under this subchapter was paid in that month, and
because of the increase in the amount of his or her widow’s or widower’s insurance benefits which resulted from the amendments made by section 134 of the Social Security Amendments of 1983 (
[Public Law 98–21]) (eliminating the additional reduction factor for disabled widows and widowers under age 60), was ineligible for benefits under this subchapter in the first month in which such increase was paid to him or her (and in which a retroactive payment of such increase for prior months was not made).
This subsection shall only apply to an individual who files a written application for protection under this subsection, in such manner and form as the Commissioner of Social Security may prescribe, no later than July 1, 1988.
For purposes of this subsection, the term “benefits under this subchapter” includes payments of the type described in section 1382e(a) of this title
or of the type described in
[section 212(a) of Public Law 93–66]
Loss of benefits upon entitlement to child’s insurance benefits based on disability
If any individual who has attained the age of 18 and is receiving benefits under this subchapter on the basis of blindness or a disability which began before he or she attained the age of 22—
becomes entitled, on or after the effective date of this subsection, to child’s insurance benefits which are payable under section 402(d) of this title
on the basis of such disability or to an increase in the amount of the child’s insurance benefits which are so payable, and
ceases to be eligible for benefits under this subchapter because of such child’s insurance benefits or because of the increase in such child’s insurance benefits,
such individual shall be treated for purposes of subchapter XIX as receiving benefits under this subchapter so long as he or she would be eligible for benefits under this subchapter in the absence of such child’s insurance benefits or such increase.
[Aug. 14, 1935, ch. 531], title XVI, § 1634, as added [Pub. L. 92–603, title III, § 301], Oct. 30, 1972, [86 Stat. 1478]; amended [Pub. L. 99–272, title XII, § 12202(a)], Apr. 7, 1986, [100 Stat. 290]; [Pub. L. 99–643, § 6(a)], Nov. 10, 1986, [100 Stat. 3578]; [Pub. L. 100–203, title IX], §§ 9108, 9116(a), Dec. 22, 1987, [101 Stat. 1330–302], 1330–305; [Pub. L. 101–508, title V, § 5103(c)(1)], Nov. 5, 1990, [104 Stat. 1388–251]; [Pub. L. 103–296, title I, § 107(a)(4)], title II, § 201(b)(3)(D), Aug. 15, 1994, [108 Stat. 1478], 1504; [Pub. L. 104–121, title I, § 105(b)(4)(B)], Mar. 29, 1996, [110 Stat. 854].)