Dear Colleague,
Our program has disseminated information in the past about Section 1634 of the Social Security Act, which explains who is eligible to have Medicaid again after a Disabled Adult Child (DAC) -- who previously had SSI -- starts to receive a different Social Security benefit due to the retirement, disability, or death of a parent.
It has come to our attention that some families have recently been told --
incorrectly
-- that the DAC process has ended and their son/daughter with I/DD will not be able to receive Medicaid in accordance with Section 1634 of the Social Security Act. Therefore, we are doing another large dissemination of the Section 1634 DAC flyer.
It is always our program's goal to educate and inform about these and other complicated issues. With that in mind, if you know of families who were given misinformation about Section 1634 DAC, or of Social Security or Medicaid personnel who would benefit from increased awareness of the DAC process, please let me know so that our program can reach out to them and provide accurate materials.
These are some excerpts from the Section 1634 DAC flyer, which was created by the NJ Department of Human Services: The complete flyer can be downloaded
here
.
Eligibility Group Requirements*: An individual who was receiving Supplemental Security Income (SSI) benefits and meets the following:
• Is at least 18 years of age;
• Has blindness or a disability which began before the age of 22;
• Has been receiving Supplemental Security Income (SSI) based on blindness or disability; and
• Has lost Supplemental Security Income (SSI) due to the receipt of Social Security benefits on a parent’s record due to the retirement, death or disability of a parent.
*If an individual meets all of the above criteria, they may qualify as a Disabled Adult Child under Section 1634 of the Social Security Act (regarding DAC). This designation comes from the Social Security Administration. Eligibility for Medicaid may continue as long as the person is determined blind or disabled. However, if the person receives income from another source or exceeds the resource limits, they may become ineligible for Medicaid coverage.
To obtain Medicaid Eligibility when SSI is ending, individuals must complete the NJ FamilyCare Aged, Blind, Disabled (ABD) Medicaid Application. They must submit the completed ABD Application and all necessary documents to the County Welfare Agency, including the letter from the SSA verifying that the individual may be eligible for DAC status for consideration of Medicaid eligibility under Section 1634 of the Social Security Act (regarding DAC). The ABD Application can be accessed
here
.
Please note: There is a different procedure, known as "Non-DAC" that was started a few years go by the NJ Division of Developmental Disabilities (DDD). Perhaps some staff have confused eligibility for Medicaid, as stated in Section 1634 of the Social Security Act, with DDD's "Non-DAC" policy. A couple of months ago, we disseminated a Non-DAC fact sheet. Very briefly, the Non-DAC process is applicable for
individuals with I/DD who never had SSI,
and who receive Social Security income due to the the work record of a parent who is retired, disabled, or deceased. If that income is too high to be eligible for any of the regular Aged Blind and Disabled (ABD) Medicaid categories, DDD has established a process to allow them to receive DDD services at age 21, and to apply for Medicaid through the DDD Supports Program. DDD will review each request for Non-DAC status individually. The Non-DAC fact sheet can be downloaded
here
.
Thank you,
Bev
Beverly Roberts
Director, Mainstreaming Medical Care
The Arc of New Jersey
