The disability/incapacity consultation team shall determine disability following the guidelines for the SSI program provided in 42 U.S.C. §§ 1382c(a)(3)(A) to 1382c(a)(3)(C), inclusive, as of July 1, 2014, based on medical evidence supplemented by a social history. Medical evidence may be a physician's report, a copy of the physician's records, or the findings of a physical examination completed for this purpose. An individual who is receiving social security or SSI disability benefits meets the long-term care assistance disability requirements.

Source: 2 SDR 74, effective May 13, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 170, effective June 21, 1982; 18 SDR 67, effective October 13, 1991; transferred from § 67:16:18:08, effective August 23, 1992; 21 SDR 162, effective March 23, 1995; 41 SDR 93, effective December 3, 2014.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

Prior versions effective: 1995-03-23.