NDAC 75-02-02.1-14
Blindness and disability
Cite as N.D. Admin. Code ยง 75-02-02.1-14
1.
In any instance in which a determination is to be made as to whether any individual is
disabled, each medical report form and social history shall be reviewed by a review team
consisting of technically competent individuals, not less than a physician and an individual
qualified by professional training and pertinent experience, acting cooperatively, who shall
determine if the applicant meets the appropriate definitions of disability.
2.
In any instance in which a determination is to be made whether an individual is blind, the
individual shall be examined by a physician skilled in the diseases of the eye, or by an
optometrist, whichever the individual may select, who shall prepare and submit an eye
examination report. The state review team shall review and compare that report with the
state's definition of blindness and determine:
a.
Whether the individual meets the definition of blindness; and
b.
Whether and when reexaminations are necessary for periodic redeterminations of
eligibility.
3.
The state review team must decline to determine blindness or disability for a period of time
that such a determination is made for supplemental security income or title II disability benefits
by the social security administration, unless the Medicaid applicant is applying for workers with
disabilities coverage and is not eligible for title II disability due to substantial gainful activity.
4.
The agency may not make an independent determination of disability if the social security
administration has made a disability determination or will make a disability determination
within ninety days after the date of application for Medicaid.