Section 29-6606. DISABILITY REQUIREMENTS

 

6606.1If an applicant for IDA has previously been determined by SAA not to satisfy the disability requirements for SSI, the Department shall evaluate disability in the same manner as under the Medicaid Program, as provided in 42 C.F.R. 435.541.

 

6606.2An applicant shall be ineligible for IDA unless he or she:

 

(a)Alleges a disabling condition different from, or in addition to, which is considered by SSA in making its determination;

 

(b)Alleges more than twelve (12) months after the most recent SSA determination denying disability that his or her condition has changed or deteriorated since that SSA determination, alleges a new period of disability which meets the durational requirements of the Social Security Act and has not applied to SSA for a determination with respect to these allegations; or

 

(c)Alleges less that twelve (12) months after the most recent SSA determination denying disability that his or her condition has changed or deteriorated since that SSA determination, alleges a new period of disability which meets the durational requirements of SSA, and has applied to SSA for reconsideration or reopening of its disability decision.

 

source

Final Rulemaking published at 50 DCR 4948 (June 20, 2003).