SECTION 340:50-5-4. Definition of elderly or disabled household member

(a)   An elderly or disabled household member is an individual who meets one of the following criteria:

(1)   Is age 60 or older.

(2)   Receives SSI or disability or blindness payments, including interim benefits pending receipt of SSI, under the Social Security Act.

(3)   Receives medicaid benefits based on categorical relationship to disability.

(4)   Receives a federal, state or local public disability retirement pension with a disability considered permanent under the Social Security Act (verification must be provided by the household if the disability is not obvious to the worker).

(5)   Receives a Railroad Retirement disability annuity from the Railroad Retirement Board and qualifies for Medicare (verification must be provided by the household).

(6)   Is a disabled veteran who meets one of the following conditions:

(A)   Receives 100% service-connected or non-service connected disability benefits. Benefits can be either compensation or pension. The household must present a statement from VA which clearly indicates that the person is rated as totally disabled or is paid at the total rate by VA.

(B)   Is considered by VA in need of regular aid and attendance or permanently housebound. Proof by the household that the disabled individual is receiving VA disability benefits is sufficient verification.

(7)   Is a surviving spouse of a veteran who meets one of the following conditions.

(A)   Is considered by VA to be in need of aid and attendance or permanently housebound.

(B)   Is considered permanently disabled under the Social Security Act and receives or is entitled to VA compensation or pension benefits.

(8)   Is a surviving child of a veteran and meets one of the following conditions:

(A)   Is considered by VA to be permanently incapable of self-support.

(B)   Is considered permanently disabled under the Social Security Act and receives or is entitled to VA compensation or pension benefits.

(b)   It is necessary for the worker to determine if an individual would be considered permanently disabled under the Social Security Act when the individual does not receive SSI or social security income based on disability and VA information is not conclusive. Social Security bases permanent disability on impairments included in, but not limited to the following:

(1)   Permanent loss of use of limbs, hands and feet as follows:

(A)   Both hands

(B)   Both feet

(C)   One hand and one foot

(D)   Amputation of leg at hip

(E)   Amputation of a leg or foot due to diabetes or vascular disease

(F)   Amputation of a limb at age 55 or older

(G)   Total deafness which is not correctable

(H)   Statutory blindness

(I)   Muscular dystrophy

(J)   Multiple sclerosis

(K)   Impaired kidney function requiring dialysis or transplant

(L)   IQ 59 or less established after age 16

(M)   Down's syndrome

(N)   AIDS

(O)   Stroke with loss of use of arms or hands

(2)   When it is not obvious that an individual has one of the above impairments, a physician's or licensed psychologist's statement that the individual is permanently disabled is required.

[Source: Amended at 11 Ok Reg 4587, eff 9-1-94 (emergency); Amended at 12 Ok Reg 1723, eff 6-12-95]