I, along with a strong chorus in the disability law community, observe with increasing frequency the plight of persons with disabilities who do not fit neatly in the public benefits system’s categories, which I’ll term “in between” persons. These persons need healthcare coverage, but because of their “in between” qualification status, receive non-disability-based
Medicaid and miss out on important income benefits.
Further, as states consider Medicaid funding proposals, these “in between” persons are vulnerable to elimination or cutback of their Medicaid.
A recent Special Needs Alliance Blog, “Understanding
Medicaid Work Requirements: What Families Need to Knowhttps://www.specialneedsalliance.org/blog/understanding-medicaid-work-requirements-what-families-need-to-know/, ” by Victoria Blair Struse, Esq., stopped me in my
tracks. It was as if the author had participated in my client
meetings and written exactly about several of my clients.
The author wrote of her autistic brother, why he doesn’t
have a Social Security Administration (SSA) disability
determination, the invisible barriers to work he faces, and
how state Medicaid work requirements could impact him
and others similarly situated.
I write based on my clients’ experiences to explain: 1) who are “in between” persons for disability law purposes,
2) some of the reasons why it’s difficult for “in between”
persons to receive disability-based public benefits under current law, 3) how “in between” persons miss out on important public benefits now and may be especially at risk for cutbacks to their Medicaid as states consider ways to fund a
possible Medicaid shortfall, and 4) why finding good
solutions for “in between” persons is necessary for the
future of public benefits.
Who are “In Between” Persons under Disability Law?
A person can be “in between” public benefits categories for many reasons.
The most common reason is he lacks a SSA determination of disability, which requires extensive documentation the individual is: “unable to engage in any substantial gainful
activity by reason of any medically determinable physical or
mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months”. 42 U.S.C. § 1382c(a)(3).
The consequence of no SSA disability determination is significant: without the SSA disability determination, even if one meets the income and resource tests, a person is ineligible to receive Supplemental Security Income (which is a
monthly income stipend for food and shelter) and, for many the all-more important benefit, the Medicaid health care coverage which accompanies SSI (in states whose
Medicaid is automatic for SSI recipients). If a person cannot afford to purchase sufficient health insurance under the
Affordable Care Act (which often has high monthly
premiums), the person is left with MAGI Medicaid, which is Medicaid that looks not at resources but at income: a
person must have modified adjusted gross income under a
limit to qualify. In this way, a person with a disability is left
receiving Medicaid that is not-disability based.
Another common way a person may be “in between” is a
qualification gap: for example, for Child’s Insurance Benefits for a Disabled Adult Child on a parent’s work record, a
person must have been disabled before age 22 (among
other requirements). Consider a person who was disabled
at age 25 and meets all other requirements. This person is
“in between” the categories. There are numerous ways a
person can be “in between” the many public benefits categories.
Why it’s Difficult for “In Between” Persons to Receive
Disability-Based
Public Benefits under Current Law
One might wonder why it’s difficult for a person with a
disability to receive a SSA disability determination.
Reasons include but are not limited to:
- No disability diagnosis, especially for older individuals for whom their disability such as autism was not understood in their youth, individuals who rarely see a
doctor, or individuals whose disability is not identified.
- Lack of extensive documentation required to receive
the SSA disability determination.
- Medical Verification of Inability to Work. The definition for inability to “engage in any substantial gainful activity” and the factors to offset that determination are complex. Many healthcare providers are not equipped to evaluate those requirements.
- Actual work that exceeds Substantial Gainful Activity, which is an income level a person cannot exceed and still be considered disabled.
Consider a woman in her early 60s who works very part-time, but just enough to be too much for the SSA disability determination, and lacks a disability diagnosis though she struggles with cognitive tasks. She is “in between.” Her income is too high for the SSA disability determination but
low enough for non-disability-based MAGI Medicaid.
Consider a man in his late 30s who cannot work now due to severe deterioration in his disease, but in his 20s he did work for a short time. Years ago before his disease progressed, he applied for the SSA disability determination and
was denied. Because he lives with his father and his needs are met, he never re-applied, and instead receives MAGI Medicaid though he is much more ill now. He is “in
between” until he reapplies for the determination and
receives it.
How “In Between” Persons Miss Out on Important
Public Benefits Now and May Be Especially at Risk for Cutbacks to their Non-Disability Based
Medicaid as States Consider Ways to Fund a
Possible Medicaid Shortfall
Disability-based Medicaid (via SSI) are not the only public
benefits lost due to lack of SSA disability determination.
Consider also other key benefits requiring an SSA disability determination:
- Social Security Disability Insurance on one’s own work record;
- Child’s Insurance Benefit as a Disabled Adult Child if disabled before 22 and other conditions are met: the Disabled Adult Child of the retired worker receives 50% of the worker’s Primary Insurance Amount, 75% of the deceased worker’s Primary Insurance Amount.
- Medicare, which is automatic after two years of receiving the foregoing Social Security benefits on one’s own record or of the retired or deceased worker.
Disqualification for the Social Security Child’s Insurance Benefits is a significant detriment. Consider how many disabled adult children are cared for by their aging parents. When the parents retire or pass away, that monthly income
benefit is a lifeline.
“In between” persons as MAGI Medicaid recipients may be especially at risk for cutbacks to their Medicaid as states consider ways to fund a possible Medicaid shortfall.
States are likely to consider work requirements, some of
which the Centers for Medicaid and Medicare Services
have approved in the past, as a way to make Medicaid
dollars stretch. As noted in the linked Special Needs Alliance Blog, proposals include a minimum of 20 hours perweek, varying exemptions, and different standards for proving disability or exemption status, and many proposals
base exemptions on having a SSA disability determination, which of course is a problem for many “in between” persons.
Work is difficult for many persons with disabilities in invisible ways. In her Blog, the author noted about her brother, almost exactly the same things parent clients of mine noted about their daughter, and also what a different client in her
60s noted about herself: they work, but they struggle to do so; they can only work a certain number of hours per week; they get overwhelmed and make mistakes following tasks; they lack a filter and get in trouble for saying the wrong things; they get fired from one job and find the next, until the work record makes it difficult to find a new job. These are persons who want to work and try to do so. But working more than what they can sustain is not feasible, proven time and again.
And as the author noted, these are productive members of society: a 2023 survey revealed that 71% of working-age adults receiving Medicaid are either working (full or part-time) or in school. That accounts for my clients who are able to work up to their limit. But do not forget the persons who cannot work due to invisible barriers.
Finding Good Solutions for “In Between” Persons is
Necessary for the Future of Public Benefits
Inclusion is the cornerstone of disability law and a healthy
society. And “in between” persons are perfect candidates for inclusion. Their very status as “in between” shows many of
them can, want to, and do work – up to their abilities – or if they can’t, the invisible barriers should not be so invisible when one looks.
Others who are “in between” don’t fit neatly in a category because of strict definitional requirements that lack nuance and titration for common circumstances. The common circumstances of these “in between” individuals is repeated enough that a healthy dose of listening, common sense,
and creativity by legislators ought to be able to get closer toa good solution. As persons in these situations, including
teenagers with diagnosed disabilities graduating from
schools and vocational training, continue to fill important functions in society, public benefits law needs to adapt to meet these “in between” persons where they are: with health care coverage and financial supports that correctly identify, respect, and support the disabilities these
individuals have, rather than omit these “in between”
persons from disability-based benefits.
Source: https://www.specialneedsalliance.org/blog/understanding-medicaid-work-
requirements-what-families-need-to-know/
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