(Apr. 6, 1982, D.C. Law 4-101, § 401, 29 DCR 1060; Mar. 20, 1998, D.C. Law 12-60, § 701(d), 44 DCR 7378; Apr. 20, 1999, D.C. Law 12-241, § 2(g), 46 DCR 905.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-204.1.
Temporary Amendments of Section
For temporary (225 day) repeal of section, see § 2(g) of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).
Emergency Act Amendments
For temporary repeal of §§ 4-204.01 through 4-204.04, see § 2(g) of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 2(g) of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 2(g) of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-552, December 24, 1998, 46 DCR 521), and § 2(g) of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-19, February 17, 1999, 46 DCR 2492).
Legislative History of Laws
For legislative history of D.C. Law 12-241, see Historical and Statutory Notes following § 4-201.01.
(Apr. 6, 1982, D.C. Law 4-101, § 402, 29 DCR 1060; Apr. 20, 1999, D.C. Law 12-241, § 2(g), 46 DCR 905.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-204.2.
Temporary Amendments of Section
For temporary (225 day) repeal of section, see § 2(g) of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).
Emergency Act Amendments
See notes to § 4-204.01.
Legislative History of Laws
For legislative history of D.C. Law 12-241, see Historical and Statutory Notes following § 4-201.01.
(Apr. 6, 1982, D.C. Law 4-101, § 403, 29 DCR 1060; Apr. 20, 1999, D.C. Law 12-241, § 2(g), 46 DCR 905.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-204.3.
Temporary Amendments of Section
For temporary (225 day) repeal of section, see § 2(g) of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).
Emergency Act Amendments
See notes to § 4-204.01.
Legislative History of Laws
For legislative history of D.C. Law 12-241, see Historical and Statutory Notes following § 4-201.01.
(Apr. 6, 1982, D.C. Law 4-101, § 404, 29 DCR 1060; Apr. 20, 1999, D.C. Law 12-241, § 2(g), 46 DCR 905.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-204.4.
Temporary Amendments of Section
For temporary (225 day) repeal of section, see § 2(g) of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).
Emergency Act Amendments
See notes to § 4-204.01.
Legislative History of Laws
For legislative history of D.C. Law 12-241, see Historical and Statutory Notes following § 4-201.01.
The District state plan required under title XIX of the Social Security Amendments of 1965 (42 U.S.C. § 1396 et seq.) shall provide that all persons in the following categories are eligible for full Medicaid benefits:
(1) All persons receiving Supplemental Security Income benefits;
(2) All persons categorically related to the Supplemental Security Income ("SSI") program (that is, aged, blind, or persons with permanent disabilities) and receiving benefits under the Old Age and Survivors Disability Insurance ("OASDI") program and who were eligible for SSI benefits (but for OASDI) cost-of-living increases received since April, 1977; and
(3) All persons categorically related to the SSI program (that is, aged, blind, or persons with permanent disabilities) whose monthly countable income, regardless of source, is equal to or less than the combined maximum monthly payment of SSI plus the District supplement for the person having no other income or resources.
(Apr. 6, 1982, D.C. Law 4-101, § 405, 29 DCR 1060; Apr. 24, 2007, D.C. Law 16-305, § 13(a), 53 DCR 6198.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-204.5.
Effect of Amendments
D.C. Law 16-305 substituted "persons with permanent disabilities" for "permanently disabled", throughout the section.
Legislative History of Laws
For legislative history of D.C. Law 4-101, see Historical and Statutory Notes following § 4-201.01.
For Law 16-305, see notes following § 4-110.
(a) The Mayor shall extend the transitional Medicaid program to 24 months pursuant to the Family Support Act of 1988, approved October 13, 1988 (P.L. 100-485; 102 Stat. 2343), and the District of Columbia State Plan for Medicaid. The Mayor shall seek any waivers and exemptions from federal statutes and regulations necessary to make such an extension.
(b) Increased transitional medical assistance benefits shall be made available to all working families eligible under subsection (a) of this section.
(c) Earned income shall be disregarded under the extended Transitional Medicaid Program in accordance with § 4-205.11(a)(5)(B).
(Apr. 6, 1982, D.C. Law 4-101, § 405a, as added Oct. 27, 1995, D.C. Law 11-72, § 301, 42 DCR 4728; Apr. 20, 1999, D.C. Law 12-241, § 4(a), 46 DCR 905.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-204.5a.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 4(c) of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).
Emergency Act Amendments
For temporary amendment of section, see § 4(a) of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 4(a) of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 4(a) of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-552, December 24, 1998, 46 DCR 521), and § 4(a) of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-19, February 17, 1999, 46 DCR 2492).
Legislative History of Laws
For legislative history of D.C. Law 11-72, see Historical and Statutory Notes following § 4-205.61.
For legislative history of D.C. Law 12-241, see Historical and Statutory Notes following § 4-201.01.
Miscellaneous Notes
Expiration of Law 11-72: Section 401 of D.C. Law 11-72 provided that the act shall expire 5 years from the date of implementation of an approved federal waiver and rules promulgated by the Mayor.
(Apr. 6, 1982, D.C. Law 4-101, § 406, as added Sept. 14, 1982, D.C. Law 4-146, § 3, 29 DCR 3151; Mar. 10, 1983, D.C. Law 4-208, § 2(a), 30 DCR 202; Mar. 14, 1985, D.C. Law 5-159, § 17(b), 32 DCR 30; Apr. 30, 1988, D.C. Law 7-104, § 29, 35 DCR 147; Feb. 27, 1998, D.C. Law 12-53, § 2, 44 DCR 6228.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-204.6.
Legislative History of Laws
Law 12-53, the "Supplemental Security Income Payment Amendment Act of 1997," was introduced in Council and assigned Bill No. 12-254, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on July 1, 1997, and September 22, 1997, respectively. Signed by the Mayor on October 3, 1997, it was assigned Act No. 12-170 and transmitted to both Houses of Congress for its review. D.C. Law 12-53 became effective on February 27, 1998.
(a) The purpose of the Interim Disability Assistance ("IDA") program is to provide temporary financial assistance to adults with disabilities while their application for Supplemental Security Income ("SSI") is pending. The eligibility criteria are designed to qualify individuals who have a high likelihood of receiving SSI.
(b) Applications for IDA shall be approved or disapproved by the Mayor with reasonable promptness. Other aspects of the application process, including good-cause exceptions to the application-processing standard, shall be determined by rules established by the Mayor. The monthly grant amount shall be the same as that for a family size of one for an individual or 2 for a couple under the Temporary Assistance to Needy Families program, as determined under § 4-205.52.
(c) For the purposes of IDA, the term "disability" shall have the same meaning as that employed by the Social Security Administration ("SSA");
(d)(1) An individual shall be eligible for IDA if the individual is:
(A) A United States citizen or an alien who meets the alien eligibility requirements for SSI under title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, approved August 22, 1996 (110 Stat. 2260; 8 U.S.C. §§ 1601-1646);
(B) A resident of the District of Columbia, as determined under § 4-205.03;
(C) Financially in need, as determined under the rules established by the Mayor;
(D) Ineligible for a category of cash assistance in which there is federal financial participation, except that an individual who has applied for Social Security Disability Insurance ("SSDI") or Supplemental Security Income may be eligible during the period that the SSDI or SSI application is being processed; and
(E) Determined by the Department of Human Services ("DHS") to meet the definition of disability.
(2) An otherwise eligible individual may not receive assistance unless the individual:
(A) Applies to the Social Security Administration for SSI benefits;
(B) Signs an Interim Assistance Reimbursement Authorization form in accordance with subsection (e)(2) of this section;
(C) Provides a social security number or verification of application for a social security number; and
(D) As a condition of eligibility, an applicant for or recipient of IDA shall cooperate with an entity designated by the Mayor to provide case management and legal advocacy in the SSI application and appeal process.
(3)(A) An otherwise qualified individual's period of eligibility for IDA benefits shall begin in the month following the month in which his or her application for SSI was filed with the Social Security Administration.
(B) The period of eligibility for IDA benefits shall end either at the end of the month in which the Social Security Administration makes a final decision on the application for SSI benefits, if the Social Security Administration's decision is a denial of the application, or at the end of the month in which the Social Security Administration begins payment of benefits, if the decision is favorable.
(C) For purposes of this paragraph, the final decision of the Social Security Administration shall be the decision by the Appeals Council of the Office of Hearings and Appeals, or the denial by the Disability Determination Division or Administrative Law Judge, if the IDA recipient fails, without good cause, to file a timely appeal from that decision.
(D) If the decision of the Administrative Law Judge is a denial and an appeal is filed timely, the Department of Human Services shall immediately make a determination whether to refer the IDA recipient for appropriate vocational rehabilitation services.
(E) If an IDA recipient requests a fair hearing to contest the termination of his or her benefits, any IDA benefits paid pending the outcome of the fair hearing shall terminate as of the last month of the period of eligibility, as defined in this section, regardless of whether the fair hearing process is complete.
(4) If an applicant for IDA has previously been determined by the Social Security Administration ("SSA") not to satisfy the disability requirements for SSI, DHS will evaluate disability in the same manner as under the Medicaid program, as provided in 42 C.F.R. §435.541. The applicant shall be ineligible for IDA unless he or she:
(A) Alleges a disabling condition different from, or in addition to, that considered by SSA in making its determination;
(B) Alleges more than 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 than 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 applied to SSA for reconsideration or reopening of its disability decision.
(e)(1) For any month or period of months in which an IDA recipient receives both IDA and SSI, the IDA recipient shall repay to the District of Columbia:
(A) The entire amount of the IDA assistance payments received if the SSI benefits received for the same period equaled or exceeded the IDA payment; or
(B) That portion of the IDA assistance payments equal in amount to the SSI benefits received for the same period if the SSI benefits received were less than the IDA payment.
(2) To make repayment in accordance with paragraph (1) of this subsection, an IDA applicant shall sign an Interim Assistance Reimbursement Authorization which:
(A) Permits the Social Security Administration to send the individual's past-due SSI benefit payment to the DHS; and
(B) Permits DHS to deduct from these payments an amount equal to the IDA benefits provided.
(3) Upon receipt of an IDA recipient's past-due SSI benefit, DHS shall calculate, in accordance with paragraph (1) of this subsection, the amount of the benefit due to DHS as repayment and the amount, if any, due the IDA recipient. DHS shall then provide the IDA recipient with a written explanation of this calculation and shall pay any amount due the IDA recipient, in accordance with section 1631 of the Social Security Act, approved October 30, 1972 (86 Stat. 1475; 42 U.S.C. § 1383(g)) and SSA Interim Assistance regulations, 20 C.F.R. §§ 416.1901 to 416.1922.
(4) Because having a pending SSI application is an eligibility requirement for IDA, if an IDA recipient is determined by the Social Security Administration to meet the disability requirements for purposes of SSI eligibility but withdraws the SSI application prior to payment of past-due SSI benefits, the IDA benefits received by that individual shall be considered an overpayment and that individual shall be liable to the District for repayment of all IDA benefits received.
(e-1)(1) The amount of a recipient's past-due SSI benefit payment that is due DHS as repayment under subsection (e) of this section shall be deposited into the Interim Disability Assistance Fund established by § 4-204.09.
(2) The amount of an overpayment of IDA benefits that is received from an IDA recipient pursuant to subsection (e)(4) of this section shall be deposited into the Interim Disability Assistance Fund established by § 4-204.09.
(f) The Mayor shall submit to the Council by March 15 of each year a report on the operation of the program for the previous calendar year. The report shall include:
(1) The total number of IDA applicants, the number approved, and the number denied;
(2) The number and percentage of IDA applicants approved for SSI. To the extent possible, the information should be provided for each of the four levels of adjudication (original application, reconsidered application, Administrative Law Judge decision, and Appeals Council of the Office of Hearings and Appeals;
(3) An analysis of the approvals and denials at each level, why the approval percentage is what it is, and what needs to be done to ensure a better match between SSI approvals and DHS approvals; and
(4) Observations on the best practices in other states.
(g) The payment of benefits under this section shall be subject to the availability of appropriations.
(h) The Department of Human Services shall establish eligibility criteria for participants in the Interim Disability Assistance program.
(Apr. 6, 1982, D.C. Law 4-101, § 407, as added Apr. 3, 2001, D.C. Law 13- 252, § 2(b), 48 DCR 673; Oct. 1, 2002, D.C. Law 14-190, § 1902(a), 49 DCR 6968; May 18, 2004, D.C. Law 15-156, § 2, 51 DCR 3393; Sept. 14, 2011, D.C. Law 19-21, § 5092, 58 DCR 6226.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 14-190 added subsec. (e-1).
D.C. Law 15-156 rewrote subsec. (b); and in subsec. (d), substituted "established by the Mayor" for "applicable to the TANF program" in subpar. (1)(C), made nonsubstantive changes to subpars. (2)(B) and (2)(C), and added subpar. (2)(D). Prior to amendment, subsec. (b) had read as follows:
"(b) The application and financial eligibility processes shall be administered in accordance with the rules for the Temporary Assistance to Needy Families ("TANF") program. The monthly grant amount shall be the same as that for a family size of one under the TANF program, as determined under § 4-205.52."
D.C. Law 19-21 added subsec. (h).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2 of Interim Disability Assistance Temporary Amendment Act of 2002 (D.C. Law 14-141, 200, law notification 49 DCR 5058).
For temporary (225 day) amendment of section, see § 2 of Interim Disability Assistance Temporary Amendment Act of 2003 (D.C. Law 15-1, May 3, 2003, law notification 50 DCR 3781).
For temporary (225 day) amendment of section, see § 2 of Interim Disability Assistance Temporary Amendment Act of 2004 (D.C. Law 15-116, March 30, 2004, law notification 51 DCR 3803).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2 of Interim Disability Assistance Emergency Amendment Act of 2002 (D.C. Act 14-285, February 25, 2002, 49 DCR 2315).
For temporary (90 day) amendment of section, see § 1902(a) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).
For temporary (90 day) amendment of section, see § 2 of Interim Disability Assistance Emergency Amendment Act of 2003 (D.C. Act 15-2, January 22, 2003, 50 DCR 1424).
For temporary (90 day) amendment of section, see § 2 of Interim Disability Assistance Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15- 48, March 24, 2003, 50 DCR 2820).
For temporary (90 day) amendment of section, see § 2 of Interim Disability Assistance Second Emergency Amendment Act of 2003 (D.C. Act 15-278, December 18, 2003, 51 DCR 58).
For temporary (90 day) amendment of section, see § 2 of Interim Disability Assistance Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15- 402, March 18, 2004, 51 DCR 3643).
Legislative History of Laws
For D.C. Law 13-252, see notes following § 4-202.01.
Law 14-190, the "Fiscal Year 2003 Budget Support Act of 2002", was introduced in Council and assigned Bill No. 14-609, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 7, 2002, and June 4, 2002, respectively. Signed by the Mayor on July 3, 2002, it was assigned Act No. 14-403 and transmitted to both Houses of Congress for its review. D.C. Law 14-190 became effective on October 1, 2002.
Law 15-156, the "Interim Disability Assistance Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-608, which was referred to Committee on Human Services. The Bill was adopted on first and second readings on February 3, 2004, and March 2, 2004, respectively. Signed by the Mayor on March 18, 2004, it was assigned Act No. 15-391 and transmitted to both Houses of Congress for its review. D.C. Law 15-156 became effective on May 18, 2004.
Law 19-21, the "Fiscal Year 2012 Budget Support Act of 2011", was introduced in Council and assigned Bill No. 19-203, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 25, 2011, and June 14, 2011, respectively. Signed by the Mayor on July 22, 2011, it was assigned Act No. 19-98 and transmitted to both Houses of Congress for its review. D.C. Law 19-21 became effective on September 14, 2011.
Miscellaneous Notes
Sections 3 and 4 of D.C. Law 13-252 provides:
"Sec. 3. The Interim Disability Assistance Amendment Act of 2000 shall be applicable beginning October 1, 2001, unless funds are made available by reprogramming for implementation during the fourth quarter of fiscal year 2001.
"Sec. 4. The Mayor shall provide the Council, no later than November 15, 2001, a report on how to implement a computer system that, at a minimum, would enable the District's Interim Disability Assistance program to interface and directly exchange information with the computer systems of the federal Social Security Disability Insurance and Supplemental Security Income programs. The report shall include a description of at least one proposed computer system, its capabilities and limitations, preliminary cost estimates to obtain the system, and timetables for acquisition and implementation."
Short title of title XIX of Law 14-190: Section 1901 of D.C. Law 14-190 provided that title XIX of the act may be cited as the Interim Disability Assistance Fund Establishment Amendment Act of 2002.
Short title: Section 5091 of D.C. Law 19-21 provided that subtitle J of title V of the act may be cited as "Interim Disability Assistance Amendment Act of 2011".
(a) The Mayor shall establish a pilot program for providing Interim Disability Assistance, beginning no later than February 1, 2002. Eligibility for assistance under the program shall be based on a minimum appropriation of no less than $2,150,000, and assistance shall continue to be provided if additional funds in excess of the $2,150,000 become available. During any period in which eligibility for assistance is capped due to the unavailability of funds, the Mayor shall establish and maintain a waiting list of likely eligible applicants.
(b) The Department of Human Services, Income Maintenance Administration ("IMA") shall conduct a study to determine the size of the eligible population for assistance. The report shall be completed in time for the IMA to recommend to the Mayor the appropriate funding level for the program in Fiscal Year 2003.
(c) Based on an analysis of the available data, including the size of the eligible population determined pursuant to subsection (b) of this section, the IMA shall recommend to the Mayor the appropriate funding level to fully fund the Interim Disability Assistance program for Fiscal Year 2003.
(d) The Mayor shall fully fund the Interim Disability Assistance program for Fiscal Year 2003 by including a line item for that purpose in the Fiscal Year 2003 base budget and operational plan.
(Apr. 6, 1982, D.C. Law 4-101, § 408, as added Oct. 3, 2001, D.C. Law 14- 28, § 5002, 48 DCR 6981; Mar. 13, 2004, D.C. Law 15-105, § 29, 51 DCR 881.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 15-105 validated a previously made technical correction.
Emergency Act Amendments
For temporary (90 day) addition of section, see § 4502 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
For temporary (90 day) addition of §§ 4-204.11 to 4-204.16, see §§ 1501 to 1506 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).
For temporary (90 day) addition of §§ 4-204.51 to 4-204.56, see §§ 1551 to 1556 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).
For temporary (90 day) addition of § 4-204.09, see § 1902(b) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).
Legislative History of Laws
Law 14-28, the "Fiscal Year 2002 Budget Support Act of 2001", was introduced in Council and assigned Bill No. 14-144, which was referred to the Committee Of the Whole. The Bill was adopted on first and second readings on May 1, 2001, and June 5, 2001, respectively. Signed by the Mayor on June 29, 2001, it was assigned Act No. 14-85 and transmitted to both Houses of Congress for its review. D.C. Law 14-28 became effective on October 3, 2001.
Law 15-105, the "Technical Amendments Act of 2003", was introduced in Council and assigned Bill No. 15-437, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 4, 2003, and December 2, 2003, respectively. Signed by the Mayor on January 6, 2004, it was assigned Act No. 15-291 and transmitted to both Houses of Congress for its review. D.C. Law 15-105 became effective on March 13, 2004.
(a) There is established as a nonlapsing, revolving fund the Interim Disability Assistance Fund ("Fund") which shall be separate from the General Fund and into which shall be deposited funds to be used solely for the purpose of implementing the Interim Disability Assistance program established by § 4- 204.07.
(b) All funds shall be deposited into the Fund without regard to fiscal year limitation pursuant to an act of Congress. All funds deposited into the Fund shall not revert to the General Fund at the end of any fiscal year or at any other time, but shall be continually available for the purpose of funding the Interim Disability Act program, subject to authorization by Congress in an appropriations act.
(Apr. 6, 1982, D.C. Law 4-101, § 409, as added Oct. 1, 2002, D.C. Law 14- 190, § 1902(b), 49 DCR 6968.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 14-190, see notes following § 4-204.07.
