CAPI Applicants with Expired SSI/SSP Benefits

Refugees and other humanitarian immigrants (including asylees, persons granted withholding of deportation or removal, Cuban and Haitian Entrants, Amerasians, and victims of human trafficking) may be eligible for SSI/SSP for a period of seven years.

Under the “SSI Extension for Elderly and Disabled Refugees Act” (Public Law 110-328), which became effective on October 1, 2008, eligible SSI/SSP recipients were able to receive SSI/SSP for at least two additional years. However, the two-year extension in eligibility provided by the P.L. 110-328 has expired on October 1, 2010.

Process

EW must verify the following for all CAPI applicants whose SSI/SSP were recently terminated:

Termination of SSI/SSP benefits (Refer to Ineligibility for SSI/SSP) and
Disability status and reexamination date (only applies to disabled clients). Refer to Disability.

Verifying Termination of SSI/SSP Benefits

The EWs must verify that the CAPI applicant is no longer receiving SSI/SSP prior to the approval of CAPI benefits. It must still be ensured that an applicant’s SSI/SSP was terminated due to immigration status before approving CAPI benefits. Verification may include, but not limited to, the following:

An informal denial letter (L-991) from SSA issued within 6 months of the CAPI application date that states the person is ineligible for SSI/SSP due to immigration status.
A formal denial letter from the SSA issued within 6 months of the CAPI application date that states the person is ineligible for SSI/SSP due to immigration status;
Verification that an SSI/SSP application based on disability has been filed with SSA and is pending a final determination. (This includes pending appeals if related to disability or immigration status.); or
“Referral To/From Social Security” (SCD 169) form completed by SSA.

Reminder: The “Authorization for Reimbursement of Interim Assistance Initial Payment or Initial Posteligibility Payment” (SSP 14) must be signed and scanned to Imaging whenever a client is referred to SSA with the SCD 169.

Verifying Client’s Disability

For CAPI applicants, who are not aged or blind but claim to be disabled, the disability status and reexamination date must be verified prior to the approval of CAPI.

The disability status and reexamination date may be verified through the following:

Official letter from Social Security Administration,
Previous disability determination from DDSD, only if client’s disabling condition remains the same, or
Current data from CDB/MEDS or SDX/MEDS.

Requesting Information from Social Security

For additional information, the EW must submit the SCD 169 to Social Security Administration requesting, under item #V, the following:

Disability onset date, and/or
Medical reexamination date (enter in CalSAWS when reexam date becomes available).

Requesting Information from DDSD

If the EW is still unable to verify the CAPI applicant’s disability status and/or reexamination date from Social Security, then a Limited Referral Packet must be submitted to DDSD. A Limited DDSD Packet includes:

A copy of the prior “Disability Determination and Transmittal” (MC 221) if available, and “DDSD Disability Determination - Response to MC 221” (SP2 DDSD 221R), and
A new MC 221 with the reason for the limited referral clearly stated in the “County Worker Comments” section.

Note: Check “CAPI” on item #8, “Type of Referral.” Write on item #10, “County Worker Comment(s),” the statement, “Unable to confirm Reexamination Date through Social Security. Reexamination Date is needed prior to CAPI approval.”

Expired Reexamination Dates

When it is found that the CAPI applicant’s reexamination date for disability had expired or is due, a FULL disability packet must be submitted to DDSD before CAPI benefits can be approved. On the MC 221, mark the “Reexamination” box under Item #8.