2-007.03B Direct Referral to the State Review Team (SRT)

469 NAC 2-007.03B

In the following situations, the IM worker may submit a referral directly to the SRT for a determination of disability and its probable duration without waiting for an SSI determination if the individual is not eligible for another assistance program, e.g., and during the initial interview it is apparent that:

1. The individual has income and/or resources in excess of the limit for the SSI Program. The worker must continue to monitor the client's potential eligibility for SSI. If income and/or resources fall below the SSI limit, the worker must make a referral immediately. The client is allowed 60 days to apply for this potential benefit (see 469 NAC 2-010.01B6a);

2. The individual requires immediate long term hospitalization and/or treatment for a severe impairment before SSI can make a determination, or would be required to extend his/her hospital stay solely because of a delay in processing the SSI application, i.e., due to SSI's required waiting periods before a decision on certain types of disability can be made such as cancer or stroke (this does not include diagnostic examinations or tests, routine medications, or drug/alcohol treatment). The worker shall make an immediate referral to SSI;

3. The individual is institutionalized (e.g., nursing home or public institution) and SSI will be unable to make a determination. An individual is eligible for SSI benefits while institutionalized only if Medicaid will pay 50 percent of his/her care. Therefore, SSI may, in some cases, wait for a determination of eligibility for NMAP. The worker must make an immediate referral to SSI;

4. The individual is deceased and SSI will not make a disability determination; or

5. The individual is a non-U.S. citizen who SSI will not review.

See 469-000-329 for forms and procedures for making a referral to the State Review Team.

{8/18/03}