Keys to Federal Benefits Access
| Key 1 Eligibility |
Identify individuals who may be eligible for SSI/SSDI and Medicaid early in the incarceration process. |
Recommendation
| A | Screen for SSI/SSDI and Medicaid eligibility during intake or early in the incarceration process and note potential eligibility in an inmate's record. |
Related Examples
The following examples illustrate how some jurisdictions have implemented this recommendation. By highlighting certain examples in this chart, however, the Justice Center is not promoting them as "best practices." They are simply efforts that involve partnerships, resourcefulness, or even longtime practices for other communities to consider.
TCOOMI Screening (Tex.)
Upon entry into prison each inmate is assessed to establish the presence of a mental illness. Inmates who have a history of receiving or a need for mental health services, are identified with an "alert code" in the offender database. The code allows the Texas Correctional Office on Offenders with Mental Impairments (TCOOMI) to quickly identify offenders who may need release planning services, including applications for benefits and/or entitlements.
Source: Justice Center, Reentry Policy Council, “Case Study: Texas," http://www.reentrypolicy.org/special_projects/reentry_federal_benefits.
Related Background Information
The information highlighted here provides background information on terms, processes, and other items mentioned in the recommendation.
Eligibility Criteria for Benefit Programs
Medicaid
The Centers for Medicaid & Medicare Services (CMS) outline certain “mandatory eligibility groups” to whom state agencies overseeing Medicaid must provide coverage to receive federal matching funds to operate the Medicaid program. Click here to view a list of mandatory eligibility groups, which includes disabled individuals. However, states may exercise some discretion in determining both documentation required to substantiate mandatory eligibility and income thresholds for receiving benefits.
Disability Eligibility and State Definitions
The policies and practices recommended in this tool are generally focused on individuals applying for coverage based on a disability due to serious mental illness. Disability under Medicaid, except in a handful of states, is defined according to the same guidelines that Social Security uses from Title XVI, sec. 1605, of the Social Security Act.[1]
In 32 states and the District of Columbia, known as “1634 states,” when individuals are deemed eligible for SSI, they are automatically deemed eligible for Medicaid.
In seven other states and one territory, known as "SSI criteria states," eligibility criteria for SSI and Medicaid are the same; however, individuals must submit separate applications for SSI/SSDI and Medicaid to become eligible for both programs. These states include Alaska, Idaho, Kansas, Nebraska, Nevada, Oregon, Utah, and Northern Mariana Islands.
Both 1634 states and SSI criteria states use Title XVI disability criteria. A serious mental illness diagnosis that is linked to evidence of functional impairment and prevents a person from engaging in "substantial gainful activity," or significant work, may be sufficient for some individuals to meet disability criteria. In some cases, individuals may need to demonstrate an inability to engage in substantial gainful activity by presenting evidence of mental illness in combination with other common nondisabling, nonterminal conditions (e.g., certain types of diabetes, asthma, and heart disease). As previously noted, this tool focuses on policies related to applicants with serious mental illnesses. However, individuals with impairments other than serious mental illnesses, such as various types of physical disabilities, may be eligible for SSI/SSDI. Click here for more information on these impairments.
Finally, in 11 states, known as "209b" states, people who receive SSI nearly always qualify for Medicaid; however applications and eligibility criteria for Medicaid and SSI are different. These states are Connecticut, Hawaii, Illinois, Indiana, Minnesota, Missouri, New Hampshire, North Dakota, Ohio, Oklahoma, and Virginia. Some of the state Medicaid programs use different eligibility criteria related to substantiating disabilities, and some use different resource criteria than SSI/SSDI programs.[2]
SSI/SSDI
To be eligible for SSI, individuals must be 65 or over, blind, or have a disability. In addition, applicants must demonstrate that they have limited income and limited resources and have applied for all other cash benefits for which they may be eligible (e.g., Temporary Assistance for Needy Families [TANF]). To view a full list of SSI eligibility criteria, click here.
To qualify for SSDI, an applicant must demonstrate that he or she has a disability or is blind and has paid federal insurance contributions (FICA) tax on income for a certain period of time, depending on age. In addition, some individuals may qualify for a type of SSDI based on parents’ earnings under the disabled adult child (DAC) benefit. To view a full list of SSDI eligibility criteria, click here.
Disability Definition
The Social Security Administration defines disability according to Title XVI, sec. 1605, of the Social Security Act.[3] To meet this definition, applicants must show that the impairment they experience is tied to a medical condition and results in an inability to engage in any substantial gainful activity. Further, applicants must demonstrate that the condition is either expected to result in death or is expected to last for a continuous period of not less than 12 months.[4]
Co-occurring Disorders
As of January 1, 1997, individuals who had received SSI and/or SSDI based on a substance use disorder that was deemed material or contributory to their disability, lost their SSI/SSDI eligibility and had to reapply to maintain benefits. This action was taken after the enactment of Public Law 104-121[5] ; Subsequent to this legislation, individuals with substance use disorders and another or multiple disabilities that prevent substantial gainful activity can still be eligible for SSI/SSDI so long as the substance use disorder is not presented as evidence of disability in applications.
Screening Tools
The following online screening tools can be used by corrections staff to screen for Medicaid and Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) eligibility.
- Benefit Eligibility Screening Tool: Can be used to determine eligibility for programs administered by the Social Security Administration, including SSI/SSDI.
- GovBenefits: Can be used to screen for Medicaid eligibility.
[1] http://www.ssa.gov/OP_Home/ssact/title16a/1605.htm
[2] For further reading on different eligibility criteria used by 209(b) states, see "A Word About States and Medicaid" and "A Primer on How to Use Medicaid to Assist Persons Who are Homeless to Access Medical, Behavioral Health, and Support Services" (scroll to section “State 209(b) option”).
[3] http://www.ssa.gov/OP_Home/ssact/title16a/1605.htm
[4] Ibid.
[5] Sec. 105 of this law amended the Title II disability definition used by Social Security: "An individual shall not be considered to be disabled for purposes of this title if alcoholism or drug addiction would (but for this subparagraph) be a contributing factor material to the Commissioner's determination that the individual is disabled.'' http://www.gpoaccess.gov/plaws/search.html

