Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 170 - DEPARTMENT FOR CHILDREN AND FAMILIES (DCF) › Chapter 270 - AID TO THE AGED, BLIND, OR DISABLED (2700) › Section 13 170 270 - AID TO THE AGED, BLIND, OR DISABLED (2700)

Current through June, 2024
Section 2700 Aid to
				the Aged, Blind or Disabled (AABD)
Effective January 1, 1974, the major portion of Vermont's
				  federal-state program of Aid to the Aged, Blind or Disabled (AABD) became the
				  federal program of Supplemental Security Income (SSI) through amendment of
				  title XVI of the Social Security Act. SSI guarantees a minimum national
				  standard of assistance to aged, blind or disabled persons at full federal
				  expense. Vermont supplements the SSI payment with a state funded AABD
				  payment.
The Social Security Administration (SSA) determines SSI
				  eligibility and issues SSI benefits for applicants and recipients in all living
				  arrangements (see 2731). For persons in federally administered living
				  arrangements, SSA also determines eligibility for the AABD state supplement to
				  SSI and issues a combined SSI/AABD benefit to those determined eligible for
				  both SSI and the AABD state supplement and an AABD only benefit to those
				  determined eligible for only the AABD state supplement. For persons in the
				  state-administered living arrangement, SSA issues an SSI only benefit to those
				  determined eligible for SSI benefits.
The department determines eligibility for the AABD state
				  supplement for applicants and recipients in the state-administered living
				  arrangement. When SSA has determined a person in the state-administered living
				  arrangement eligible for SSI benefits, the department deems that person
				  eligible for the maximum AABD state supplement for this living arrangement and
				  issues a separate AABD state supplement benefit to this person. When a person
				  in the state-administered living arrangement is ineligible for SSI benefits,
				  the department determines the person's eligibility for an AABD state supplement
				  and, if eligible, also determines the amount of the benefit and issues an AABD
				  state supplement benefit to this person.
Beginning July 1, 1977, Vermont's AABD program was expanded
				  to include cash assistance payments to cover the needs of an ineligible spouse
				  or other essential person (see Sections 2750-2759 ). Eligibility operations for
				  this Essential Person (EP) program are carried out through department's
				  district offices, and benefits are issued in the form of direct deposits to
				  recipients' bank accounts or transfers to EBT cash accounts.
Section 2701 Authorized Representative
The parent, guardian or other caretaker responsible for a
				  minor child acts as the child's representative in the eligibility
				  process.
When a person cannot act for himself or herself, because of a
				  physical or mental condition, one of the following people may act as his or her
				  authorized representative in the eligibility process:
a court appointed legal guardian or legal representative;
				  or
relative, friend, or other person who knows about or handles
				  his or her affairs; or
a person he or she names in a letter to the Department to act
				  for him or her because of an unexpected emergency.
Section 2702 Case Records
The Department keeps a permanent written record of facts and
				  actions concerning a person's AABD-EP eligibility for administrative and
				  accountability purposes. Information about each person is kept in an individual
				  case file in the district office responsible for the town where the person or
				  group lives. Information necessary to assure prompt and correct payment of
				  AABD-EP benefits is also stored in computer files.
Information which identifies a person or couple as an AABD-EP
				  applicant or recipient is only given out when it is necessary for payment of
				  benefits. A recipient may permit the Department to give information to another
				  agency to help him or her get services from that agency.
Information about many applicants or recipients, which does
				  not identify persons or groups by name or other individual characteristics, may
				  be combined in the form of statistics or general descriptions for planning,
				  research and program administration.
Section 2703 Recipient Fraud
A person who deliberately hides or omits information or gives
				  false information to get, or to help someone to get benefits for which he or
				  she would not otherwise be eligible, may be prosecuted under Vermont law for
				  recipient fraud. If convicted, the person may be fined or imprisoned or both.
				  The Department may take action to recover the value of benefits paid in error
				  due to fraud.
When the Department learns that fraud may have been
				  committed, it will investigate the situation with respect for confidentiality
				  and the legal rights of the recipient. If appropriate, the case will be
				  referred to the State's Attorney or Attorney General or a decision on whether
				  or not to prosecute.
Section
				2710 Application
Application for Supplemental Security Income (SSI) must be
				  filed with a Social Security district office. This SSI application is
				  automatically an application for supplementary Aid to the Aged, Blind or
				  Disabled (AABD) in Vermont. Social Security offices are located in Burlington,
				  Montpelier and Rutland. A letter, telephone call or personal visit to one of
				  these offices will start the application process. Toll-free telephone service
				  (as listed in local directories and periodic itinerant service to population
				  centers within the district area) are available outside the office
				  location.
A person who wants cash assistance payments for an ineligible
				  spouse or another essential person must file an application for AABD-EP with
				  the Department.
Application forms are available from any Social Welfare or
				  Social Security Office.
Filing an application means taking or mailing an application
				  form signed by the person applying for AABD-EP benefits, or his or her
				  authorized representative (see Section 2716 ), to a Department office,
				  preferably the district choice responsible, or the town where the applicant
				  lives.
Any person who has applied for AABD-EP benefits before and is
				  not now receiving benefits, may reapply at any time by filing a new up-to-date
				  application with the district office responsible for the town where he or she
				  is now living.
The date of application is the day on which an application
				  for SSI/AABD is filed with a Social Security Office or the day on which a
				  signed application for AABD-EP benefits is received in a Department office. The
				  application date sets the time limit for making a decision on the application
				  and the starting date for benefits, if eligible.
Section 2711 Initial Eligibility
Eligibility investigation and decision on SSI/AABD
				  applications are carried out by the Social Security Office according to time
				  limits and procedures set for the SSI Program by Social Security.
Eligibility investigation and decision on AABD-EP
				  applications filed with the Department are carried out according to the
				  policies in the following sub-sections.
Section 2712 Application Decisions
A decision to grant or deny an application for AABD-EP
				  payments must be made within:
90 days after the application date, ill the application is
				  based on the applicant's disability; or
30 days after the application date for any other application.
AABD-EP benefits are granted when all eligibility tests are
				  passed. The amount of the payment is the difference between the applicable
				  payment standard and the applicant's net countable income from other
				  sources.
AABD-EP benefits are denied when the applicant's situation
				  fails to pass any one or more of the eligibility tests. When an applicant fails
				  to do his or her part in the eligibility investigation process, his or her
				  application may be denied if a decision cannot be made within the time limit,
				  for example:
an applicant fails to give necessary information or proofs
				  asked for or takes longer than expected without explaining the delay; or
an applicant fails to have necessary medical examinations
				  asked for.
When an applicant has done everything he or she was asked to
				  do, his or her application will not be denied even though a decision cannot be
				  made before the time limit.
Section
				2713 Statement of Need
An applicant's statement of need is the main source of facts
				  used to make a decision on his or her application. It may be necessary to write
				  or telephone the applicant for more information or explanation of the facts
				  given in the statement.
The statement of need is the applicant's written record, on a
				  Department form, of the facts about his or her situation as related to AABD-EP
				  eligibility tests. A relative, friend, or other interested person may help the
				  applicant fill out the statement form. If the applicant has no one to help, he
				  or she may ask for help at a Department office.
The applicant, or his or her authorized representative (see
				  Section 2716 ), who signs the statement form, is held responsible for the truth
				  of the information on the form.
Section
				2714 Interviews
An interview is a face-to-face meeting between the applicant,
				  or his or her authorized representative (see Section 2716 ), and a Department
				  employee to the applicant's statement and resolve any problems or questions
				  about his or her situation and the eligibility tests.
An interview is not necessary for an AABD-EP eligibility
				  decision. The applicant's statement with necessary proofs is usually enough. An
				  interview may be helpful however, to work out complex eligibility test problems
				  or to help an applicant who has trouble understanding eligibility rules or in
				  giving written information.
Interviews are private. One representative chosen by the
				  applicant may be present to help explain the applicant's situation. Interviews
				  are normally held at the district office, but may be arranged at home, or some
				  other location convenient for both, if unusual health or transportation
				  problems make an office visit impossible for the applicant or his or her
				  representative.
Section
				2715 Verification
Verification means proof of an applicant's statements by
				  written records or documents shown to a Department employee, or by statements
				  of another person who adds to or supports the applicant's statements.
Proof of the following is required:
a medical decision, based on professional examination and
				  judgment, on blindness or disability; and
all income and resources.
Proof may also be necessary when the statement form and
				  interview (if one is held), do not give enough clear and consistent information
				  to make a decision on any other eligibility test.
Proof documents mailed with the statement form are returned
				  to the applicant as soon as necessary information is recorded. Added proofs
				  asked for after review of the applicant's statement may be sent or brought to
				  the office.
When an applicant refuses to give necessary proofs, his or
				  her application may be denied.
Section
				2716 Collateral Sources
A collateral source means a person, outside the applicant's
				  assistance group, or an organization who has records of or knows about the
				  applicant's situation in relation to one or more eligibility tests.
When an applicant does not have, or cannot get, necessary
				  proof documents, he or she may get a statement from a collateral source or give
				  a Department employee permission to write or talk to the collateral
				  source.
If there is no other way to get necessary information and the
				  applicant refuses to let the Department contact a collateral source, the
				  application may be denied.
Section
				2720 Continuing Eligibility
Once granted, AABD payments continue in the same amount until
				  changed or ended allowing review of the recipient's current situation.
Eligibility review and decision on continued AABD benefits
				  paid through the Federal SSI/AABD payment system are carried out by the Social
				  Security Office according to procedures set for the SSI Program by Social
				  Security.
Eligibility review and decision on continued AABD-EP benefits
				  paid through the State payroll system are carried out according to the policies
				  in the following sub-sections.
Section
				2721 Review Decisions
A decision to continue, in the same or a changed amount, or
				  end AABD-EP benefits must be made:
whenever a recipient reports a change in the facts of his or
				  her situation; and
within 12 months after the starting date of initial AABD-EP
				  benefits or after the date of the last full eligibility review.
AABD-EP benefits continue when the recipient continues to
				  pass all eligibility tests. The amount of the payment may go up or down when
				  payment levels and/or the recipient's net countable income have changed since
				  the initial eligibility or last review decision.
AABD-EP benefits end when the recipient no longer passes any
				  one or more of the eligibility tests. When a recipient fails to do his or her
				  part in the eligibility review process, benefits may be ended if a decision
				  cannot be made within the time limit. When a recipient has done everything he
				  or she was asked to do, benefits will not be ended until a decision has been
				  completed.
Section 2722
				Chance Report
Each AABD-EP recipient is responsible for reporting to the
				  Department any change in his or her situation that is related to AABD-EP
				  eligibility tests, such as: income goes up or down; more resources; a different
				  living arrangement; improvement in disability. Any change must be reported
				  within ten days after the recipient learns of it.
Continuing eligibility and amount of payment is re-figured
				  using the changed facts in place of the facts used to figure the current
				  benefits. When the change report shows several changes occurring at the same
				  time, a full eligibility review may be necessary.
Section 2723 Eligibility Review
At least once a year, the recipient's situation must be
				  reviewed in full to be sure that all eligibility tests, continue to be passed
				  and the correct amount of benefits is being paid. Eligibility reviews are
				  carried out under the same procedure rules as for initial eligibility (see
				  Sections 2712.2 - 2712.5 ).
A new up-to-date statement of need, with necessary proofs
				  must be filed. Interviews and collateral sources may be used as needed.
The Department reminds recipients when eligibility must be
				  reviewed by sending necessary forms and directions far enough ahead to complete
				  the review within the scheduled time limit.
Section 2730 Notice and Appeal
The Social Security Administration issues notices of decision
				  and handles appeals for the SSI and SSI/AABD eligibility determinations it
				  makes. The department issues notices of decisions and handles appeals for the
				  AABD state supplement eligibility determinations it makes (see 2143).
Notice and appeal of AABD-EP application and review decisions
				  made by department offices are carried out according to the policies in the
				  following subsections.
Section
				2731 Notice of Decision
Each AABD-EP applicant must be given written notice of the
				  decision on his or her application. Each AABD-EP recipient must be given
				  written notice of the decision which results from any review of his or her
				  AABD-EP eligibility. A group notice must include notice of the decisions about
				  each member of the group.
All notice letters must explain:
the decision and why it was made, including a clear and
				  concise written explanation of the basis for a decision that an applicant is
				  not disabled or that a recipient is no longer disabled; and
the action to carry out the decision and when it will take
				  place;
and how to appeal the decision if not satisfied.
When an eligibility review decision will end or reduce the
				  amount of AABD-EP payment a person has been receiving, the notice of decision
				  must be mailed at least ten (10) days before the closure or change will take
				  effect, except when:
a new or changed AABD-EP rule, adopted under the State
				  Administrative Procedures Act, will affect the benefits of a large number of
				  AABD-EP recipients; or
the Department has facts confirming the death of an AABD-EP
				  recipient; or
the Department has facts confirming that the recipient has
				  moved to another State; or
the recipient shows that he or she expects the chance or
				  closure to take effect immediately by signing a formal waiver of notice, or by
				  giving written information which includes a clear statement that he or she
				  understands that change or closure will result; or
the recipient has been admitted or committed to an
				  institution where he or she no longer meets AABD-EP eligibility tests.
Section 2732 Right to Appeal
Any AABD-EP applicant or recipient has a right to appeal any
				  decision of the Department about his or her AABD-EP eligibility or amount of
				  payment, and to request a fair hearing before the Human Services Board (see
				  Section 2714.4 ). A person may also appeal if he or she thinks the Department
				  is taking too long to make a decision. The right to appeal and procedures for
				  making an appeal must be explained in Department forms and publications used by
				  AABD-EP applicants and recipients and by Department employees during
				  eligibility investigation and review contacts.
A request for a fair hearing must be made within ninety (90)
				  days after the date the notice of the decision being appealed was mailed. Oral
				  requests must be accepted as although the request must be put in writing to
				  start the fair hearing process. A representative or Department employee may
				  help the person to make his or her written request.
Complaints or misunderstandings about Department decisions
				  may be discussed with the employee who made the decision or his or her
				  supervisor. If this review does not satisfy the applicant or recipient, he or
				  she still has the right to appeal formally and request a fair hearing.
Section 2733 Continued Benefits
When an AABD-EP recipient appeals a decision to end or reduce
				  his or her AABD-EP payment, he or she has a right, under certain conditions, to
				  have his or her benefits continue without change until the appeal is decided,
				  except when the decision does not require the minimum advance notice (see
				  Section 2714.1 ). To receive continued benefits he or she must request a
				  hearing before the effective date of the adverse action (i.e. no later than the
				  last day of the month). If the last day of the month is on a weekend or
				  holiday, the recipient has until the end of the first working day in the new
				  month to appeal the decision and receive continued benefits.
A recipient may choose to waive his or her right to continued
				  benefits. If he or she does so and wins his or her appeal, any benefits due
				  will be paid retroactively.
This Department is allowed to recover the value of any
				  AABD-EP benefits paid during the appeal period when:
The reason for the appeal is an issue of law or policy and
				  the Department's position is confirmed by the fair hearing decision; or
The recipient withdraws his or her appeal before a fair
				  hearing decision is made.
An issue of law or policy means that the person is
				  questioning the legality of a law or rule rather than the facts used or
				  Department judgment in applying the rules to make the decision being
				  appealed.
Section 2734 Fair
				Hearing Procedures
All Programs Procedures P-2127.
Section 2740 Eligibility Expenses
The department pays the reasonable charge for professional
				  examination and reports required to establish blindness or disability related
				  to determinations it makes concerning eligibility for AABD state supplements or
				  AABD-EP benefits. To receive payment for covered charges, the examiner must
				  submit the required report along with an itemized bill for the services
				  necessary to complete the report.
The Social Security Administration handles professional
				  examinations required for the decisions it makes related to eligibility for SSI
				  and combined SSI/AABD benefits.
Section
				2741 SSI/AABD Payments
The Social Security Administration (SSA) issues all SSI
				  benefits. For recipients in federally administered living arrangements, SSA
				  issues combined SSI/AABD benefits. The department issues AABD state supplement
				  benefits to recipients in state-administered living arrangements. All SSI,
				  SSI/AABD, and AABD state supplement benefits arrive on or about the first of
				  the month for which the recipient has been determined eligible.
Section 2742 Assistance Pending
				SSI
An agreement between the Social Security Administration and
				  the department allows the department to recover General Assistance given to an
				  SSI/AABD applicant while he or she is waiting for a decision on his or her
				  SSI/AABD application. The applicant must agree to this recovery from his or her
				  first SSI/AABD check by signing an Interim Assistance agreement (see General
				  Assistance Policy).
Section
				2743 AABD-EP Benefit Payments
AABD-EP benefit payments granted by the department are issued
				  monthly through the regular monthly payment system also used for Aid to Needy
				  Families With Children (ANFC) payments. (See Method of Payment, Welfare
				  Assistance Manual 2232.) Benefits issued for receipt on or about the first of
				  the month cover that month.
The monthly payroll is adjusted when application decisions
				  grant new recipients and when review decisions end or change the amount of
				  benefits due.
Daily payments for the authorized amount will be made fro the
				  following situations:
1. Grants
				authorized after the regular monthly payments are made for that month or the
				following month.
2. Increases
				authorized for the current month or the following month when payroll closing
				precludes implementation of the change through the regular monthly payment
				system.
3. Other authorized
				situations, such as benefits issued to correct an underpayment.