TN 9 (05-09)

SI 01310.206 Documenting Deeming Waiver Cases

A. Procedure for documenting case facts

The procedures in this section describe how and when to document the necessary information for cases where the deeming waiver provisions apply. For general information related to electronic documentation of evidence and retention of evidence, see GN 00301.285 through GN 00301.289.

1. How to document disability

Document disability following the rules in DI 11055.001 ff. If SSI records indicate that the child is blind, and the child is eligible for Medicaid under a state home care plan, presume (absent evidence to the contrary) that the child is also disabled for purposes of applying the deeming waiver provision.

If the child is reapplying for supplemental security income (SSI), verify eligibility for Medicaid under a state home care plan before you obtain a disability determination if:

  • the child is ineligible for SSI using the normal deeming rules; and

  • the child lives with his or her parents; and

  • a new period of disability has not been established by SSA.

2. When to document the receipt of an SSI personal needs allowance

No additional documentation is required when institutionalization has already been developed. When the supplemental security record (SSR) shows a Federal living arrangement code of “D,” a payment status of “C01”, and a payment greater than zero, presume that the issue has been developed.

If it has not, follow the documentation requirements in SI 00520.001ff.

3. Documenting eligibility for Medicaid under state home care plan

Document an allegation of eligibility for Medicaid under a state home care plan either on a signed statement or recorded on a DROC. Place a copy of any evidence the payee has regarding eligibility for Medicaid under a state home care plan (e.g., an eligibility notice from the state Medicaid agency) in the file.

Document any information obtained from the state Medicaid agency on the MSSICS DROC screen or an SSA-5002 (Report of Contact). For information that is specific to individual states, see regional instructions at SI BOS01310.207, SI CHI01310.207, SI DAL01310.207, SI DEN01310.207, and SI PHI01310.207.

4. Documenting ineligibility for SSI based on parental deeming

If the system computes the child's ineligibility for SSI based on deemed parental income, document the file with an SSI query showing the parental income deemed.

If the system does not compute deemed income, document the file; e.g., with a printout of an on-line deeming computation or a monthly deeming worksheet. For more information about the parent-child monthly deeming worksheet, see SI 01320.730.

If the child is ineligible for SSI because of excess deemed parental resources, retain the documentation of parents' resources in the file.

5. Documenting eligibility for less SSI than is payable under the waiver provisions

If the system computes the child's eligibility for SSI, but the child would receive a higher SSI benefit under the deeming waiver provision, document the file with an SSI query showing the parental income deemed and the SSI benefit amount.

If you manually compute eligibility for SSI using the deeming rules, and the child would receive a higher SSI benefit under the deeming waiver provision, document the file; e.g., with a printout of an on-line deeming computation or a monthly deeming worksheet.

B. References


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