Application for Other Benefits 510-03-35-90

(Revised 1/18/2023 ML #3698)

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(N.D.A.C. Section 75-02-02.1-17)

 

  1. As a condition of eligibility, applicants and recipients (including spouses and financially responsible absent parents) must take all necessary steps to obtain any annuities, pensions, retirement, and disability benefits, to which they are entitled, unless they can show good cause for not doing so. Annuities, pensions, retirement, and disability benefits include, but are not limited to, veterans' compensation and pensions; old age, survivors, and disability insurance benefits; railroad retirement benefits; and unemployment compensation.
  2. Good cause under this section exists if:
    1. The recipient is a pregnant woman or a newborn who is within the twelve months of free Medicaid;
    2. The recipient is eligible for Transitional or Extended Medicaid Benefits;
    3. Receipt of the annuity, pension, retirement, or disability benefit would result in a loss of health insurance coverage; or
    4. The individuals is NOT permanently disabled and receipt of the annuity, pension, retirement, disability benefit, etc. would result in a penalty being imposed due to the age requirements of the benefit plan. If the individual is permanently disabled, they will be required to access the funds.

    Example: Individual is age 58, NOT permanently disabled and has an IRA. The IRA requirements state the individual can obtain a stream of income at age 59 ½ without a penalty. The individual would not be required to annuitize the IRA until he/she attains age 59 1/2 unless the individual becomes permanently disabled.

    1. An employed or self-employed individual who has not met their full retirement age chooses not to apply for Social Security early retirement or widows benefits.

Good cause must be documented in the case file.

  1. Application for needs based payments (e.g. SSI, TANF, etc.) cannot be imposed as a condition of eligibility.