Thursday, April 3, 2014

Medicaid Disability Determinations

Some claimants applying for Social Security Disability (“SSD”) benefits also seek Medicaid. The medical reports that are completed when applying for Medicaid can also prove helpful for the SSD application. 

The State agency makes the initial medical decision when applying for SSD benefits. Similarly, a State agency makes the Medicaid disability determination, and asks doctors to complete Form LDSS-1151. 

The State agency routinely favors the opinions of its doctors over claimant’s doctors. However, when the findings and opinions of a treating doctor have been accepted in connection with approving Medicaid, the State agency usually gives the treating doctor’s opinion great, if not controlling, weight. 

I filed an SSD application for a property manager who was also seeking Medicaid. I submitted the claimant’s LDSS-1151 form that her doctor had completed. Right after her Medicaid was approved, the claimant’s SSD application was approved.

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