Are there special rules for elders and persons with disabilities?

Yes! If you are disabled or elderly (60 years of age or older) you can benefit from special program rules. 106 C.M.R. § 361.210.

• You can deduct out-of-pocket medical expenses and un-capped shelter expenses from your income. 106 C.M.R. § 364.400(C), (G). See What medical expenses can I claim if I am elderly (60+) or disabled?
• You may still qualify for benefits if your gross income exceeds the 200% gross income test and your net income after deductions is below the 100% poverty level test. See Are there gross and net income tests I must pass before I can get SNAP/food stamp benefits? However, you must also meet the $3,000 asset test. 106 C.M.R. §§ 363.110(A), 364.370, 364.550. See When do assets count?
• You do not have to comply with work requirements. 106 C.M.R. §§ 362.310(B), 362.320(B). See Who must register for work and do job search, and who's exempt? through What if I have a "good cause" for not meeting the SNAP/food stamp work registration or work search rules?
• If you are a legal permanent resident, battered immigrant or parolee— and you are also disabled— you are not required to wait five years from when you got status to get benefits. 106 C.M.R. § 362.220(B)(7)(e). See How can I prove disability so I do not have to wait five years?
• You can sometimes be a separate SNAP/food stamp household even if someone else buys and prepares food for you. 106 C.M.R. § 361.200(B)(4). See What if I am elderly or disabled and live with other people but I cannot buy and cook my own food?

You are considered elderly when you turn age 60 or older. You must show proof of your age. DTA will ask you for proof of your age if questionable. Chances are you verified your age when you verified your identity or DTA checked your SSN in the Social Security data base, which data base also confirms your age.

You are considered disabled if you get:

• Supplemental Security Income (SSI) benefits or social security disability benefits,
• a public disability retirement pension, if you have the kind of disability that social security considers permanent,
• railroad retirement disability benefits,
• veteran's disability benefits or veteran's benefits for a spouse or children if you meet special rules,
• MassHealth for the disabled (DTA can verify this by calling MassHealth),
• EAEDC benefits based on a severe disability, or
• TAFDC benefits and you are exempt from the work rules or time limits based on a severe disability.

If you receive EAEDC or TAFDC cash assistance, in order to meet the SNAP/food stamp disability criteria, you need to meet the SSI standards of disability as determined by the Disability Evaluation Service (DES). DES codes cases that meet SSI standards as decision code 100, 110, 120, or 130 on the "Disability Determination Tracking Form" it sends to DTA. Many disabled EAEDC and TAFDC recipients meet SSI standards even though they have not been approved for SSI benefits.

For elder immigrants who do not get a DES evaluation, DTA has developed a form on which a doctor can certify that the immigrant meets the SSI standards. This is especially important for legal permanent residents subject to the 5-year waiting period. See How can I prove disability so I do not have to wait five years?

Additional Policy Guidance on Disability