An Act To Assist Persons Who May Be Eligible for Social Security Disability Assistance
Maine Legislature, Session 125, LD 1001
Committee: Health and Human Services
Sponsors: EVES, ROSEN, FOSSEL, ROTUNDO, SANBORN, STRANG BURGESS, STUCKEY
Amends: 22 MRSA §3788

Legislative Document 
No. 1001 
H.P. 737 
House of Representatives, March 10, 2011 
An Act To Assist Persons Who May Be Eligible for Social Security 
Disability Assistance 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative EVES of North Berwick. 
Cosponsored by Senator ROSEN of Hancock and 
Representatives: CORNELL du HOUX of Brunswick, FOSSEL of Alna, ROTUNDO of 
Lewiston, SANBORN of Gorham, STRANG BURGESS of Cumberland, STUCKEY of 
Portland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §3788, sub-§3, as amended by PL 2001, c. 335, §2, is further 
amended to read: 
3.  Assessment.  Each participant's case manager shall conduct an initial assessment 
to determine that individual's education, training and employment needs based on 
available program resources, the participant's skills and aptitudes, the participant's need 
for supportive services, local employment opportunities, the existence of any good cause 
circumstances under section 3785 and, to the maximum extent possible, the preferences 
of the participant.  The department shall document findings in the participant's case 
record indicating any barriers to participation, including, but not limited to, any physical 
or mental health problems or other good cause circumstances specified in section 3785. 
If it is determined upon initial assessment or at a later date that the participant has 
significant employment barriers, including physical or mental health problems, learning 
disabilities or limitations related to providing care for a disabled household member or a 
child with serious behavioral problems, the case manager shall refer that participant for a 
comprehensive disability screening and assessment conducted by a qualified individual to 
identify the abilities, limitations and needs of that participant.  The participant may 
supplement the assessment with medical records or any other credible information related 
to the participant’s ability to participate in program activities.  Such an assessment may 
also be initiated at the request of the participant at any time. 
The case manager shall use the comprehensive disability screening and assessment to 
determine appropriate services and supports to enable economic self-sufficiency and 
family well-being for the participant that may include: 
A.  Referral to a community agency qualified to assist the participant with services, 
supports, education, training and accommodations needed to reduce or overcome any 
barriers to achieve self-sufficiency and to fulfill each participant's personal and 
family responsibilities; or 
B.  Assistance applying for federal social security disability insurance benefits or 
federal supplemental security income benefits needed by that participant to access 
those benefits in accordance with subsection 3-A. 
Nothing in this subsection may preclude a determination that the participant is 
temporarily unable to participate due to good cause circumstances as described in section 
3785. Any determination made under this subsection may be appealed in accordance with 
section 3762, subsection 9. 
A participant identified as qualifying for the comprehensive disability screening and 
assessment under this subsection may not be sanctioned for failing to comply with an 
assigned activity until assessment results are received and reviewed by the department. 
The department shall provide training for case managers to ensure that they are able to 
identify participants needing the comprehensive disability screening and assessment and 
understand the requirements of the federal Americans with Disabilities Act. 
Sec. 2.  22 MRSA §3788, sub-§3-A is enacted to read: 
3-A.  Application assistance; Social Security Administration.  The department 
shall develop a system to expedite and maximize the award of federal social security 
disability insurance benefits and federal supplemental security income benefits for a 
participant receiving assistance under the ASPIRE-TANF program who has been 
assessed as having a severe illness or disability and any dependent of the participant who 
may be eligible for benefits administered through the United States Social Security 
Administration.  If it is determined under subsection 3 that the participant has a physical 
or mental health problem that may be severe enough for the participant to qualify for 
federal social security disability insurance benefits or federal supplemental security 
income benefits, the case manager shall provide or arrange for assistance in accessing the 
benefit for which the participant may be eligible.  The department shall work with 
members of the medical and mental health provider community to increase and update 
their knowledge of the social security law and procedures related to a disability so that 
they may provide more comprehensive and effective evidence in support of disability 
applications. 
The department shall: 
A.  Assist the participant or dependent in submitting a timely and complete 
application to the United States Social Security Administration for assistance; 
B.  Obtain consent to become the participant's or dependent's representative during 
the application process when necessary and appropriate; 
C.  Determine if the participant or dependent may have an impairment that warrants a 
finding of presumptive disability under the social security law and, if so, advise the 
United States Social Security Administration of the condition; 
D.  Assist in collecting comprehensive medical evidence to document functional and 
medical disability sufficient to permit a claims adjudicator to make an accurate 
determination of disability, increase the likelihood of disability benefit award at the 
time of the initial application and substantially reduce the processing time associated 
with the application; 
E.  Arrange for any additional medical assessment necessary to accurately determine 
disability; 
F.  Prepare a summary report for inclusion with the application stating all relevant 
evidence in support of the participant's or dependent's claim for consideration by the 
claims adjudicator conducting the disability determination; and 
G.  Arrange for legal representation when necessary to appeal an adverse decision 
related to the participant's or dependent's application when an appeal is warranted. 
SUMMARY 
This bill requires the Department of Health and Human Services to assist 
ASPIRE-TANF participants who have been determined to have a physical or mental 
health problem that may be severe enough to qualify for federal social security disability 
insurance benefits or federal supplemental security income benefits to apply for those 
benefits.  The bill also establishes guidelines and criteria that the department is required 
to follow in assisting the participants.