<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".08" citation="COMAR 07.03.03.08" title_num="07" subtitle_num="03" chapter_num="03" heading="Long Term Disability.">
  <paragraph num="A.">
    <text>Impairment.</text>
    <paragraph num="(1)">
      <text>An otherwise eligible individual who is impaired and whose medical report shows an impairment of 12 months or more, or if less than 12 months the impairment will result in the individual's death, or a parent or caretaker relative on behalf of an impaired child in the assistance unit, shall:</text>
      <paragraph num="(a)">
        <text>Be referred to the Social Security Administration for determination of eligibility for SSI or other benefit; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Sign an Interim Payment Reimbursement Authorization as described in §B of this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>To remain eligible for assistance as a disabled individual who is exempt from work requirements as described in Regulation .07-1 of this chapter, an individual who is potentially eligible for SSI or any other benefit, or a parent or caretaker relative other than a parent of a disabled child in the assistance unit, shall:</text>
      <paragraph num="(a)">
        <text>Apply for the benefit; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Provide all information for an eligibility determination by actively cooperating with appropriate agencies by pursuing an SSI application on their own or through a personal representative.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>An individual 16 years old or older who does not apply for all potential benefits or actively cooperate with the pursuit of all potential benefits as described in §A(2) of this regulation shall be sanctioned for noncompliance in accordance with Regulation .19 of this chapter.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>When an individual does not have the resources to obtain a medical report to verify the impairment, an individual's physician shall be paid a fee:</text>
      <paragraph num="(a)">
        <text>Of $60 from administrative funds for each examination; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Not to exceed $40 for laboratory work.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Interim Payment Reimbursement Authorization.</text>
    <paragraph num="(1)">
      <text>The individual shall pursue SSI as a condition of eligibility.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The individual shall sign an Interim Assistance Reimbursement Authorization which permits the:</text>
      <paragraph num="(a)">
        <text>Social Security Administration to send the individual's initial SSI payments to the Department or the local department; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Department or the local department to deduct from the payments an amount equal to the interim assistance provided.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Failure of the adult to sign the Interim Assistance Reimbursement Authorization shall result in ineligibility of the entire assistance unit as described in Regulation .19A(1) of this chapter.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Interim assistance is the amount of TCA assistance provided to an individual during the period:</text>
      <paragraph num="(a)">
        <text>Beginning the month the recipient applies for SSI benefits; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Ending the month the SSI payments begin.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>The Department or the local department shall be reimbursed from the initial SSI payments for the full value of interim assistance provided, except that when the first month's SSI payment is prorated, the reimbursement shall be prorated from the effective date of SSI eligibility.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>When the total amount of SSI received by the Department or the local department is greater than the amount of reimbursement, the Department or the local department shall pay the excess to the recipient within 10 working days after the date of receipt of the payment.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>If the individual dies before SSI eligibility has been determined, the:</text>
      <paragraph num="(a)">
        <text>State retains the right to receive benefits due for the retroactive period; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Department or the local department shall return any excess payment to the Social Security Administration district office that served the individual after deducting the amount of interim assistance for the retroactive period.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Presumptive SSI Payment.</text>
    <paragraph num="(1)">
      <text>A presumptive SSI payment is made by the Social Security Administration for a maximum of 6 months pending the final eligibility determination.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The individual shall report receipt of SSI presumptive eligibility payments to the local department within 10 days of receipt.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The individual is ineligible for the period during which presumptive SSI is paid.</text>
    </paragraph>
  </paragraph>
</regulation>