42 U.S.C. § 1352 : US Code - Section 1352: State plans for aid to permanently and totally disabled

Search 42 U.S.C. § 1352 : US Code - Section 1352: State plans for aid to permanently and totally disabled

(a) A State plan for aid to the permanently and totally disabled
must (1) except to the extent permitted by the Secretary with
respect to services, provide that it shall be in effect in all
political subdivisions of the State, and, if administered by them,
be mandatory upon them; (2) provide for financial participation by
the State; (3) either provide for the establishment or designation
of a single State agency to administer the plan, or provide for the
establishment or designation of a single State agency to supervise
the administration of the plan; (4) provide (A) for granting an
opportunity for a fair hearing before the State agency to any
individual whose claim for aid to the permanently and totally
disabled is denied or is not acted upon with reasonable promptness,
and (B) that if the State plan is administered in each of the
political subdivisions of the State by a local agency and such
local agency provides a hearing at which evidence may be presented
prior to a hearing before the State agency, such local agency may
put into effect immediately upon issuance its decision upon the
matter considered at such hearing; (5) provide (A) such methods of
administration (including methods relating to the establishment and
maintenance of personnel standards on a merit basis, except that
the Secretary shall exercise no authority with respect to the
selection, tenure of office, and compensation of any individual
employed in accordance with such methods) as are found by the
Secretary to be necessary for the proper and efficient operation of
the plan, and (B) for the training and effective use of paid
subprofessional staff, with particular emphasis on the full-time or
part-time employment of recipients and other persons of low income,
as community service aides, in the administration of the plan and
for the use of nonpaid or partially paid volunteers in a social
service volunteer program in providing services to applicants and
recipients and in assisting any advisory committees established by
the State agency; (6) provide that the State agency will make such
reports, in such form and containing such information, as the
Secretary may from time to time require, and comply with such
provisions as the Secretary may from time to time find necessary to
assure the correctness and verification of such reports; (7)
provide that no aid will be furnished any individual under the plan
with respect to any period with respect to which he is receiving
old-age assistance under the State plan approved under section 302
of this title, assistance under a State program funded under part A
of subchapter IV of this chapter, or aid to the blind under the
State plan approved under section 1202 of this title; (8) provide
that the State agency shall, in determining need, take into
consideration any other income and resources of an individual
claiming aid to the permanently and totally disabled, as well as
any expenses reasonably attributable to the earning of any such
income; except that, in making such determination, (A) the State
agency may disregard not more than $7.50 of any income, (B) of the
first $80 per month of additional income which is earned the State
agency may disregard not more than the first $20 thereof plus one-
half of the remainder, and (C) the State agency may, for a period
not in excess of 36 months, disregard such additional amounts of
other income and resources, in the case of an individual who has a
plan for achieving self-support approved by the State agency, as
may be necessary for the fulfillment of such plan, but only with
respect to the part or parts of such period during substantially
all of which he is actually undergoing vocational rehabilitation;
(9) provide safeguards which permit the use or disclosure of
information concerning applicants or recipients only (A) to public
officials who require such information in connection with their
official duties, or (B) to other persons for purposes directly
connected with the administration of the State plan; (10) provide
that all individuals wishing to make application for aid to the
permanently and totally disabled shall have opportunity to do so,
and that aid to the permanently and totally disabled shall be
furnished with reasonable promptness to all eligible individuals;
(11) effective July 1, 1953, provide, if the plan includes payments
to individuals in private or public institutions, for the
establishment or designation of a State authority or authorities
which shall be responsible for establishing and maintaining
standards for such institutions; (12) provide a description of the
services (if any) which the State agency makes available (using
whatever internal organizational arrangement it finds appropriate
for this purpose) to applicants for and recipients of aid to the
permanently and totally disabled to help them attain self-support
or self-care, including a description of the steps taken to assure,
in the provision of such services, maximum utilization of other
agencies providing similar or related services; and (13) provide
that information is requested and exchanged for purposes of income
and eligibility verification in accordance with a State system
which meets the requirements of section 1320b-7 of this title.
(b) The Secretary shall approve any plan which fulfills the
conditions specified in subsection (a) of this section, except that
he shall not approve any plan which imposes, as a condition of
eligibility for aid to the permanently and totally disabled under
the plan -
(1) Any residence requirement which excludes any resident of
the State who has resided therein five years during the nine
years immediately preceding the application for aid to the
permanently and totally disabled and has resided therein
continuously for one year immediately preceding the application;
(2) Any citizenship requirement which excludes any citizen of
the United States.
At the option of the State, the plan may provide that manuals and
other policy issuances will be furnished to persons without charge
for the reasonable cost of such materials, but such provision shall
not be required by the Secretary as a condition for the approval of
such plan under this subchapter.