Deeming Exception Due to the Sponsored Noncitizen’s Disability (for I-134 only)

THIS RULE ONLY APPLIES TO THE OLD AFFIDAVIT OF SUPPORT (I-134). THIS RULE DOES NOT APPLY TO THE NEW AFFIDAVIT OF SUPPORT (I-864)

For sponsored noncitizens whose sponsor signed the “Affidavit of Support” (I-134), deeming may be inapplicable or may cease, if the sponsored noncitizen becomes blind or disabled (as defined for SSI/SSP purposes) AFTER admission to the United States.

Note: This provision DOES NOT apply to sponsored noncitizens whose sponsor signed the “Affidavit of Support” (I-864).

Disability Determination Service Division (DDSD) Referral

Whenever an applicant or recipient, whose sponsor signed the “Affidavit of Support” (I-134), claims to have a disability that occurred AFTER admission to the United States, the EW must complete a DDSD Referral, which consists of the following forms:

“Authorization for Release of Medical Information” (MC 220)
- Complete one for each treatment source, and have the applicant sign and date three extra blank MC 220s.
“Disability Determination and Transmittal” (MC 221)
- Write “CAPI SPONSOR DEEMING” at the top of the form under “Comments.”
“Applicant’s Supplemental Statement of Facts for Medi-Cal” (MC 223).
- Every question on the form must be answered.

Once completed, the packet must be forwarded to DDSD. Refer to Medi-Cal Handbook, [“DDSD — EW Procedures,” page 22-46.]

Note: A new DDSD referral is still needed for sponsor-deeming disability evaluations even if there is a current DDSD determination and client’s disability-based Medi-Cal is active.

Applicants

Whenever an applicant whose sponsor signed the “Old Affidavit of Support” (I-134) AND the individual claims to have a disability that occurred AFTER admission to the United States, the application is to remain in pending status until a decision is rendered by the DDSD, unless the 10-year period has expired for Extended CAPI.

Reminder: Under NO circumstances are individuals applying for CAPI who fall under the category of “Sponsored Immigrants” or “Extended CAPI” to be discouraged from applying due to sponsor deeming. The application MUST be accepted and a formal eligibility determination made.

Recipients

Whenever a recipient who is receiving Extended CAPI claims to have a disability that occurred AFTER admission to the United States, and the sponsor has signed the “Affidavit of Support” (I-134), deeming is NOT to cease until a decision is rendered by the DDSD, unless the 10-year sponsor-deeming period has expired.

Presumptive Disability

Eligibility Workers may make a Presumptive Disability determination while awaiting for the formal disability decision from DDSD. Sponsor-deeming will only cease when the presumptive disability is granted AND it is verified that the client’s disability occurred AFTER his or her admission to the United States.

Refer to Blindness / Disability for more details.