[Code of Federal Regulations]
[Title 20, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR416.265]

[Page 749-750]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
               CHAPTER III--SOCIAL SECURITY ADMINISTRATION
 
PART 416_SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED
--Table of Contents
 
                          Subpart B_Eligibility
 
Sec. 416.265  Requirements for the special SSI eligibility status.

    In order to be eligible for the special SSI eligibility status, you 
must have been eligible to receive a regular SSI benefit or a federally 
administered State supplementary payment (see Sec. 416.2001) in a month 
before the month for which we are making the special SSI eligibility 
status determination. The month you were eligible for a regular SSI 
benefit or a federally administered State supplementary payment may not 
be in a prior period of eligibility which has been terminated according 
to Sec. Sec. 416.1331 through 416.1335. For periods prior to May 1, 
1991, you must be under age 65. Also, we must establish that:
    (a) You are blind or you continue to have a disabling impairment 
which, if drug addiction or alcoholism is a contributing factor material 
to the determination of disability as described in Sec. 416.935, has 
not resulted in your receiving SSI cash benefits, special SSI cash 
benefits, or special SSI eligibility status for a total of 36 months, or 
Social Security benefit payments when treatment was available for a 
total of 36 months;

[[Page 750]]

    (b) Except for your earnings, you meet all the nondisability 
requirements for eligibility for SSI benefits (see Sec. 416.202);
    (c) The termination of your eligibility for Medicaid would seriously 
inhibit your ability to continue working (see Sec. 416.268); and
    (d) Your earnings after the exclusions in Sec. 416.1112(c) (6), 
(8), and (9) are not sufficient to allow you to provide yourself with a 
reasonable equivalent of the benefits (SSI benefits, federally 
administered State supplementary payments, Medicaid, and publicly-funded 
attendant care services, including personal care assistance under Sec. 
416.269(d)) which would be available to you if you did not have those 
earnings (see Sec. 416.269).

[47 FR 15324, Apr. 9, 1982, as amended at 59 FR 41404, Aug. 12, 1994; 59 
FR 49291, Sept. 27, 1994; 60 FR 8149, Feb. 10, 1995]