387.6 Continued MA"Special SSI MA" Categories

MA coverage is extended for an individual who becomes ineligible for SSI because of special circumstances. The CAO will determine whether any of the situations listed in this Chapter applies when SSI is closed, when an individual applies for MA, or when MA is renewed.

If an individual is eligible for continued MA under one of the "Special SSI MA” categories discussed in this section, the CAO will approve MA in an SSI-related category (PA, PJ, or PM).

When an individual is determined eligible for one of the “Special SSI MA” categorieseCIS will automatically send a notice after processing. Copies of the notices may be found in Appendix C, SSI Form Letters and Notices.

387.61 Loss of SSI—Disregard of Cost of Living Adjustments (COLAs) (Lynch v. Rank, “Pickle” Cases) (PJ 84, PA 84, PM 84)

The Pickle amendment, as expanded by the Lynch v. Rank court decision, provides for the disregard of Social Security Title II RSDI cost-of-living increases when an individual who is entitled to both SSI and RSDI is found ineligible for SSI because of the receipt of, or increase in, the RSDI income. The CAO must determine the individual’s eligibility for MA as it would for any other SSI individual, but it must not count the amount of the RSDI COLA that caused the SSI to terminate nor any additional RSDI COLAs that the individual received since the SSI closure. Eligibility for continued or restored MA under the Pickle Amendment is determined using the RSDI benefit amount the individual was entitled to in the last month of SSI eligibility.

      NOTE: The CAO will count any increases in RSDI that were given for reasons other than a COLA.

To qualify for continued or restored MA under the Pickle amendment, all of the following conditions must be met:

OR

The individual received SSI while their RSDI was being calculated and then lost the SSI when the RSDI turned out to be higher than the SSI income limit at the time. Now, the individual’s RSDI income (minus the COLAs received) is below the current SSI income limit.

387.611 Pickle Amendment Access Through DocuShare or Management Reporting in the Enterprise Data Warehouse (EDW)

The Social Security Administration (SSA) has given DHS a file of individuals who were entitled to SSI and Social Security benefits at the same time and whose SSI benefits were stopped after April 1977. The individuals listed on the file might be eligible for continued or restored MA as a “Special SSI MA Recipient” under the Pickle amendment. The information is available for the CAO to review on DocuShare and in Management Reporting in the EDW. The file is updated annually. The CAO must access the file for information if a former SSI recipient applies for benefits or if the CAO identifies an individual as potentially meeting “Special SSI MA Recipient” status under the Pickle Amendment.

The file includes lead information about the individual’s approximate SSI termination date and Title II (RSDI) benefit amount at the time the individual lost SSI entitlement.

 

To access this file, you may open it one of two ways.

 

1) Access DocuShare; the folder “MAPPER PICKLE Report” is on the landing page under “Other Collections:” see the screenshot below.

 

Open the Pickle Data excel spreadsheet with the most recent modified date.

 

 

OR

 

2) Sign into the EDW’s Management Reporting, using CWOPA credentials. The file is located under the following path: Public Folders>Income Maintenance>SSA Pickle Data Reporting Package. Once the package has been entered a landing page will be visible, the CAO can view or filter information using the individual’s claim account number, name and other search criteria (see below).   
 

To populate all individuals on the Pickle Report, do not select any filter criteria and click the “finish” button toward the bottom left-hand corner of the window.

 

 

NOTE: If researching more than two individuals at one time, export the report to an excel or csv file to ensure all the individuals’ records are captured.

387.612 Eligibility under the Pickle Amendment

If an individual receives Title II Social Security benefits, the CAO will review Exchange 6 to determine whether the individual received SSI in the past. The CAO will also review the case record to determine if the individual was ever open in an SSI MA budget (A, M or J). If needed, the CAO will ask the individual whether they ever received SSI. If the individual meets the conditions above, the CAO will determine the individual’s eligibility for PA, PJ, or PM as follows:       

   55 Pa. Code § 141.71(b)(5)

OR

Determine the monthly gross amount of the Title II Social Security RSDI first received immediately after the SSI terminated.

 

NOTE: The CAO may need to review Exchange 3 and Exchange 6 historical records to determine the amount and point in time the Title II RSDI COLA or the new RSDI monthly income caused the individual to exceed the SSI payment level for that year, causing the SSI to terminate.

 

NOTE: Other income includes, but is not limited to, Railroad Retirement, trust funds, Sheltered Workshop wages, and VA benefits.

Example: If the date entered on the “SSI End” field is 12/15, the date entered for the RSDI Begin field must be no later than 11/15.

NOTE: Do not delete the Past SSI/RSDI screen if the individual does not currently financially qualify for the Pickle Amendment budget.

 

Example: Susie, age 46, applies for MA and notes on the application that she currently receives Title II RSDI income and received SSI in the past. The CAO reviews Susie for potential MA eligibility in the “Special SSI Recipient” Status under the Pickle Amendment as follows:

 

 

 

 

When the CAO receives an  Exchange 6 disposition reason code hit indicating that an individual is no longer receiving SSI, the CAO will:

 

Review the individual’s eligibility if a change takes place because of any of the following:

387.62 Title II—Social Security Disabled Adult Child (DAC) Benefits (PJ 81, PA 81, PM 81)

Disabled Adult Child (DAC) is an individual age 18 or older, who became disabled or blind before the age of 22, and who receives Title II Social Security child’s benefits as a survivor or dependent under the earnings record of a parent or guardian. The parent or guardian of the DAC must either be deceased or receiving SSA retirement or disability benefits.

 

A DAC may have received SSI and upon receiving the new Title II Social Security benefit or an increase in the Title Social Security benefit, lost their eligibility to continue to receive SSI.

 

In these cases, the individual must be reviewed for MA in a “Special SSI” DAC budget (PA, PJ, or PM with program status code 81). Section 1634(c) of the Social Security Act requires States to consider DACs who solely lose SSI eligibility due to the new or increased Title II Social Security benefit as still being SSI recipients for MA eligibility purposes. The individual is eligible for “Special SSI MA” in the DAC budget as long as the individual would still have been eligible to continue to receive SSI if the new or increased Title II Social Security benefits had not been counted and the individual meets the rest of the MA eligibility criteria for a DAC.

 

A DAC may be identified in any one of three ways:

 

 

387.621 Determining DAC Eligibility and Authorizing Benefits

Most DAC cases are systematically authorized, but some DAC cases will exception out of the automated process and need opened manually.

Automated DAC Openings:

When SSI terminates for the DAC, SSA sends DHS an updated Exchange 6 “8036 Pend” record that shows the SSI record closed. In most cases, the system automatically closes the SSI budget and opens the DAC budget within a few days of receiving the updated Exchange 6 record.

 

Manual DAC Openings:

Some DAC cases exception out of the auto-DAC authorization process and the CAO will need to manually close the SSI budget, if one was opened, and review for eligibility in a DAC budget.

 

 

CAOs should review this folder once a week to determine if a DAC case requires manual processing.

 

To review the individual’s continued eligibility in the “Special SSI MA” DAC budget, the CAO will:

 

NOTE: Other income includes, but is not limited to, Railroad Retirement, trust funds, Sheltered Workshop wages, and VA benefits.

NOTE:  If a DAC is receiving Medicare Part B, the individual is eligible for Buy-in.

 

If a DAC is in a Home and Community Based Services (HCBS) program, the individual is to remain in the DAC budget with the applicable waiver code entered. In most cases, the system changes to the waiver category instead of remaining in the DAC budget. When this occurs, the CAO needs to perform a manual non-financial override to change the categoryback into the DAC budget. Steps to complete this process are outlined in the HCBS Procedural Desk Guide.

 

If the individual is in a Long-Term Care (LTC) facility, the budget must change to PAN, PJN or PMN. The CAO is to enter a flagged case comment that the individual is a DAC. If the individual is released from the LTC facility, the CAO should change the individual’s MA category back to the DAC budget.

 

In addition, any future increases in the Title II Social Security child’s benefits are not counted as income for MA eligibility in the DAC budget.  

 

NOTE: Do not delete the Past SSI/RSDI screen if the individual does not currently financially qualify for the Pickle Amendment budget.

 

Example One: Mary receives SSI in the amount of $97 and a Title II Social Security child’s benefit of $866 each month. On 1/3, SSA sends DHS an updated Exchange 6 file showing SSI is terminating due to countable income exceeding the Title XVI (SSI) payment amount, with the month of change occurring in February. On 1/4, the case goes through the Auto-DAC process by which the system automatically closes the individual’s SSI budget and opens a DAC PJ81 budget effective 2/1. The CAO worker receives a DAC 047 alert on their dashboard to review the individual for continuing MA eligibility.  When reviewing the case, the CAO worker reviews Exchange 3 and determines that the individual’s Title II Social Security child’s benefit increased to $1,120 per month. The CAO worker completes the Past SSI/RSDI screen in the case record and reviews their income eligibility to remain in the DAC budget. Mary’s countable income of $846 per month is below the current SSI Payment level of $965.10 in 2024. Mary is income eligible to remain in the DAC budget.

 

 

Example Two: John receives SSI in the amount of $943 each month. On 1/3, he provides verification to the CAO his SSI will end and that he will receive RSDI in the amount of $1,300 per month effective 2/1. Since he does not receive Medicare and his $1,300 per month income exceeds the Healthy Horizons income limit of $1,255 in 2024, the CAO transitions John into the MG 91 category. On 1/6, SSA sends DHS an updated Exchange 6 file that SSI is terminating due to countable income exceeding the Title XVI payment amount, with the month of change occurring in February. The case exceptions out of the auto-DAC process because John was not in an SSI budget when the updated file was received. His case is reported on the CAO’s DAC05DR01-DAC Exception Report-DAILY folder in Docushare later that day. The CAO reviews his case, including information on Exchange 3 and 6, and determines the RSDI he will be receiving is a Title II Social Security child’s benefit and that he must be reviewed for MA eligibility in the DAC budget. The CAO worker completes the Past SSI/RSDI screen in the case record and reviews his income.

John’s countable income of $0.00 per month is below the SSI Payment level of $965.10 in 2024. John is income eligible for MA in the DAC budget.

 

 

In SDX, a payment status code of N01 or E01 with a Medicaid Eligibility Code of “D” may generate an Exchange 6 disposition reason code 01 (Non-payment of SSI benefits to a Disabled Adult Child (DAC) hit if an individual potentially meeting DAC criteria is not authorized in a DAC budget. The Exchange hit alert must be reviewed and cleared by the CAO. The CAO is to also review the individual’s eligibility in the DAC budget per the steps indicated above. The CAO may need to contact the local Social Security office for assistance in determining the individual’s eligibility for continuing MA benefits.

 

NOTE: See Section 387.53, End of SSI MA Benefits, for instructions on reviewing eligibility.

387.63 Disabled—Employment, “1619(b) Eligibles” (PJ 85, PA 85, PM 85)

"Special SSI MA Recipient status is given to a disabled or blind individual who is not eligible for SSI because of their earnings from employment the Social Security Administration (SSA) refers to these individuals as, “1619(b) Eligibles.” The SSA makes the MA eligibility determination for these Special SSI Recipients. An individual with this status remains eligible for MA and Buy-In.

Individuals who are given Special SSI MA Recipient status must be treated as full SSI recipients (A/J/M) when determining eligibility for other household members for other MA programs. These household members and their income and resources are, therefore, excluded from the decision.

 

When the CAO receives an  Exchange 6 hit, “Reason Code 04-Active A, J, M in CIS, Not found on SDX master file,” the CAO will review the SDX payment status and Medicaid eligibility code on the “8036 Pend” file. When the MA Eligibility Code on the MA/FS tab on the file is set to “C-Federally administered Medicaid coverage should be continued regardless of payment status code (1619b)”, this identifies the individual as meeting the “1619b Eligible Special SSI Recipient” Status. In this situation, the CAO will:

1. Close MA in the SSI category.

2. Open MA in the SSI-related category (PJ, PA or PM with program status code 85) effective the day after the SSI budget is closed.

 

Important: When the Medicaid Eligibility Code on Exchange 6 is set to “C”, MA is continued no matter the payment status code.

 

NOTE: If the individual received RSDI while they received the SSI, the RSDI fields should be entered on the screen. The fields names are listed below:

 

3. Send the individual a notice of eligibility.

4. Keep the “Special SSI 1619b Eligible” budget open until SSA notifies DHS via an Exchange 6 “8036 Pend” file that Special SSI Recipient status has ended. The Medicaid Eligibility Code will change from a “C” to an “R” when SSA determines the individual no longer meets “Special SSI 1619b Eligible” Status. The individual must be reviewed for other “Special SSI MA” categories and other MA before being closed.

NOTE: Individuals eligible in the “Special SSI 1619 Eligible” category are not subject to a renewal.

387.64 Disabled Widows and Widowers (PJ 83)

“Special SSI MA Recipient” status is given to certain disabled widows and widowers who lost SSI eligibility because of the receipt of Social Security Title II Widow or Widower’s RSDI benefits. Individuals who are given “Special SSI MA Recipient” status must be treated as full SSI recipients (A/J/M) when determining eligibility for other household members for other MA programs. These household members and their income and resources are, therefore, excluded when determining MA eligibility for the individual with “Special SSI MA Recipient” status from the decision.

To qualify as a disabled widow or widower, an individual must meet all of the following conditions:

NOTE: The law providing MA coverage for disabled widows or widowers who lose SSI (42 U.S.C. § 1383c(d)) specifies that Medicaid coverage applies if the widow or widower is eligible for Social Security benefits under 42 U.S.C. §§ 402(e) or (f). One of the requirements under those sections is that the individual’s disability start date must have begun before the end of a special period, which is within 84 months (seven years) of one of the following:
     

1. The spouse's death.

2. The last month in which they were eligible for mother's or father's survivor benefits.

3. The last month in which they were previously determined ineligible for Widow(er)'s coverage due to the end of their disability.   

SSA contacts these individuals and lets them know by letter about their possible MA eligibility. SSA tells these individuals to contact the CAO to apply for MA.

The following information will be on the Exchange 6 8036 Pend” file:

The individual’s Title II Social Security claim number for the Widow or Widowers benefits will either have a “D-Aged Widow(er), age 60 or over” or a “W-Disabled widow(er), age 50 or over” at the end of it.

 

When an individual who may be eligible contacts the CAO or when the CAO receives an Exchange 6 hit or alert that indicates an individual is no longer eligible for SSI, the CAO will review the individual’s case and determine whether they can continue to receive MA under the “Special SSI MA Recipient” status of “Disabled Widow or Widower”. The CAO will:

1. Determine whether the individual is eligible under the above conditions and the financial rules for SSI-related MA

NOTE: A Medicaid Eligibility Code of “W- Widow(er)” designates that the individual may meet “Disabled Widow or Widower Special SSI MA Recipient” status.

NOTE: Other income includes, but is not limited to, Railroad Retirement, trust funds, Sheltered Workshop wages, and VA benefits.

 

NOTE:  Do not delete the Past SSI/RSDI screen if the individual does not currently financially qualify for the Disabled Widow or Widower’s budget.

 

2. Create a thorough narrative that includes the individual is a “disabled widow” or “disabled widower” in the eCIS case comments.

3. Review the case for continued MA, such as Healthy Horizons, MAWD, NMP, or MNO or for the Medicare cost-sharing and Buy-In programs when the individual becomes eligible for Medicare Part A.

4.Send advance notice to close if the individual is not eligible for  MA.

      NOTE: See Section 387.53, End of SSI MA Benefits, for more information.

 

Updated May 14, 2024, Replacing February 14, 2012