N.M. Admin. Code § 8.201.500.14

Current through Register Vol. 35, No. 23, December 10, 2024

Section 8.201.500.14 - COMPUTATION OF COLA DISREGARDS IN PICKLE AND 503 LEADS CASES

A. An applicant/ recipient's countable income, after exclusion of the Title II COLAs received following SSI termination, must be less than the current SSI federal benefit rate (FBR).

B. To determine the total amount of the applicant/ recipient's Title II COLAs received since the applicant/recipient lost SSI, the following calculation must be completed:

(1) divide the current Title II amount by the percentage amount of the previous year's COLA;

(2) repeat this calculation for each Title II COLA benefit received after the applicant lost SSI; computations are based on the previous year's COLA and previous benefit; see 8.200.520.12 NMAC, COLA disregard computation, of 503 leads and pickle cases;

(3) when the last computation is completed, the result is the Title II benefit amount the applicant/ recipient was receiving when they lost SSI;

(4) subtract this amount from the current Title II benefit amount; the result is the aggregate Title II COLAs the applicant/recipient received after losing SSI; and

(5) subtract the aggregate COLAs from the applicant/recipient's countable income to determine if the income is below the current SSI FBR.

C. If the resulting income is below the current SSI FBR, and the applicant/recipient meets all other requirements for SSI, they are eligible for medicaid extension.

N.M. Admin. Code § 8.201.500.14

2/1/95; 8.201.500.14 NMAC - Rn, 8 NMAC 4.EXT.523 & A, 10/1/09; 8.201.500.14 NMAC - Rn, 8.201.500.13 NMAC, 10/1/12, Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024