In the Omnibus Budget Reconciliation Act of 1990 (OBRA '90), Congress permanently revised the special, more restrictive disability standard for
DWBs to the disability standard that applies to all title II and title XVI adult disability
Effective January 1, 1991, section 1634(d) of the Act was amended so that any former
SSI eligible widow(er) who:
Would continue to be eligible for SSI benefits or SSP but for their title II benefits;
Received an SSI/SSP benefit the month before their title II payments began; and
Is not entitled to Medicare Part A,
will be considered by the State to be an SSI/SSP recipient for Medicaid purposes until
they become entitled to Medicare Part A.
This provision does not “sunset;” it is permanent. SSA notifies members of this group as they become ineligible for
federally-administered payments due to excess income and notifies the 1634 States
as these cases occur through the SDX.
Widow(er)s in all States get special Medicaid referral notice paragraphs 1142 and 1144 (NL 00804.110) in their automated Notice of Planned Action when:
they lose SSI eligibility due to excess income in a month of title II entitlement;
they have continuing title II income with a BIC of “D” or “W” ; and
they are not entitled to Medicare Part A.
NOTE: From July 1, 1988 through December 31, 1990, section 1634(d) of the Act provided that
the States would continue to consider otherwise eligible widow(er)s at least age 60
but not yet 65 as SSI recipients for Medicaid purposes if they became ineligible because
of their title II benefits. Medicaid would continue for members of this group until
they became entitled to Medicare Part A. This provision was superseded by the OBRA