Section 1614 of the Social Security Act provides that an individual shall be considered
to be disabled or blind for Title XVI purposes if they :
Are blind or permanently and totally disabled as defined under a State plan in effect
Received aid under such a State plan due to disability and blindness for 12/1973,
For disability cases, also received aid for at least 1 month prior to 07/1973.
Section 1614 also provides that individuals who meet these criteria will continue
to be disabled or blind for Title XVI purposes so long as they are continuously disabled
or blind as defined under a State plan.
ALERT: If disability or blindness ceased under the State plan, the date of disability cessation
is the current date of determination under both the Federal and State plan definitions.
1. General information on non-rollback conversion cases
A non-rollback conversion individual who has been ineligible because of an event unrelated
to disability or blindness may re-establish Title XVI eligibility. The re-established
eligibility is based on meeting the State plan criteria so long as they have been
continuously disabled or blind as defined by the State plan since 12/1973.
2. State welfare agency (SWA) records
Follow these procedures:
SWA procedures for housing and maintaining records and their duplicating capacities
vary to such an extent that arrangements must be made with each SWA to obtain the
folders or certified photocopies of the necessary records.
The Disability Processing Branch (DPB) negotiates these arrangements subject to the
capabilities and needs of the parties concerned.
SSA does not require the individual's consent to secure the records.
SWA publishes a manual of instructions to provide direction, coordination, and control
of its program.
Generally, manuals contain guidelines that interpret provisions in a State plan to
define disability and blindness. When these guidelines do not conflict with the approved
State plan, we may treat them as part of the State plan definition.