108A-42. Determination of disability.
(a) For purposes of G.S. 108A-41(b)(1), a person is permanently and totally disabled if:
(1) This person was receiving aid to the disabled assistance in December 1973, and continues to be disabled under the definition of disability, having a physical or mental impairment which substantially precludes him from obtaining gainful employment and this impairment appears reasonably certain to continue without substantial improvement throughout his lifetime; or
(2) This person applied for assistance on or after January 1, 1974, and is disabled under the Social Security standards.
(b) For purposes of G.S. 108A-41(d), a "Certain Disabled" person is a person in a private living arrangement who is age 18 but less than age 65, having a physical or mental impairment which substantially precludes him from obtaining gainful employment, which impairment appears reasonably certain to continue without substantial improvement throughout his lifetime.
(c) Disability shall be reviewed by medical consultants employed by the Department. The final decision on the disability shall be made by these medical consultants under rules and regulations adopted by the Social Services Commission. (1979, c. 702, s. 9; 1981, c. 275, s. 1; 1983, c. 14, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 108A - Social Services
Article 2 - Programs of Public Assistance.
§ 108A-25 - Creation of programs; assumption by federally recognized tribe of programs.
§ 108A-25.1A - Responsibility for errors.
§ 108A-25.2 - Exemption from limitations for individuals convicted of certain drug-related felonies.
§ 108A-25.3 - Garnishment of wages to recoup fraudulent public assistance program payment.
§ 108A-26.5 - NC FAST caseworker training and certification program.
§ 108A-27.01 - Income eligibility and payment level for Work First Family Assistance.
§ 108A-27.1 - Time limitations on assistance.
§ 108A-27.2 - General duties of the Department.
§ 108A-27.3 - Electing Counties - Duties of county boards of commissioners.
§ 108A-27.4 - Electing Counties - County Plan.
§ 108A-27.5 - Electing Counties - Duties of the Department.
§ 108A-27.7 - Standard Program County Plan.
§ 108A-27.8 - Standard Program Counties - Duties of Department.
§ 108A-27.10 - Duties of the Director of the Budget/Governor.
§ 108A-27.11 - Work First Program funding.
§ 108A-27.12 - Maintenance of effort.
§ 108A-27.13 - Performance standards.
§ 108A-27.14 - Corrective action.
§ 108A-27.15 - Assistance not an entitlement; appeals.
§ 108A-29 - Priority for employment services.
§ 108A-29.1 - Drug screening and testing for Work First Program applicants and recipients.
§ 108A-31 - Application for assistance.
§ 108A-36 - Assistance not assignable; checks payable to decedents.
§ 108A-37 - Personal representative for mismanaged public assistance.
§ 108A-38 - Protective and vendor payments.
§ 108A-39 - Fraudulent misrepresentation.
§ 108A-41 - (Effective until contingency met see note) Eligibility.
§ 108A-42 - Determination of disability.
§ 108A-43 - Application procedure.
§ 108A-44 - State funds to counties.
§ 108A-46.1 - Transfer of assets for purposes of qualifying for State-county Special Assistance.
§ 108A-47 - Limitations on payments.
§ 108A-48 - State Foster Care Benefits Program.
§ 108A-49 - Foster care and adoption assistance payments.
§ 108A-49.1 - Foster care and adoption assistance payment rates.
§ 108A-50 - State benefits for certain adoptive children.
§ 108A-50.1 - Special Needs Adoptions Incentive Fund.
§ 108A-50.2 - Adoption Promotion Fund.
§ 108A-51 - Authorization for Food and Nutrition Services.
§ 108A-51.1 - Prohibition on certain waivers.
§ 108A-52 - Determination of eligibility.
§ 108A-53 - Fraudulent misrepresentation.
§ 108A-53.1 - Illegal possession or use of electronic food and nutrition benefits.
§ 108A-54.2 - (Effective until contingency met see note) Procedures for changing medical policy.
§ 108A-54.3A - Eligibility categories and income thresholds.
§ 108A-54.4 - Income disregard for federal cost-of-living adjustments.
§ 108A-54.5 - Maintenance of waivers for dependents of members of Armed Forces.
§ 108A-55.1 - Medicare enrollment required.
§ 108A-55.3 - Verification of State residency required for medical assistance.
§ 108A-55.4 - Insurers to provide certain information to Department of Health and Human Services.
§ 108A-55.5 - Eligibility monitoring for medical assistance.
§ 108A-56 - Acceptance of federal grants.
§ 108A-57.1 - Rules governing transfer of medical assistance benefits between counties.
§ 108A-58.2 - Waiver of transfer of assets penalty due to undue hardship.
§ 108A-60 - Protection of patient property.
§ 108A-62 - Therapeutic leave for medical assistance patients.
§ 108A-63 - Medical assistance provider fraud.
§ 108A-63.1 - Health care fraud subpoena to produce documents.
§ 108A-64 - Medical assistance recipient fraud.
§ 108A-64.1 - Incentives to counties to recover fraudulent Medicaid expenditures.
§ 108A-65 - Conflict of interest.
§ 108A-66.1 - Medicaid buy-in for workers with disabilities.
§ 108A-67 - Medicare/Qualified Disabled Working Individuals.
§ 108A-68 - Drug Use Review Program; rules.
§ 108A-68.1 - Certain prescription drugs exempt from prior authorization requirements.
§ 108A-69 - Employer obligations.
§ 108A-70 - Recoupment of amounts spent on medical care.
§ 108A-70.4 - Long-Term Care Partnership Program.
§ 108A-70.5 - Medicaid Estate Recovery Plan.
§ 108A-70.9A - (Effective until contingency met see note) Definitions; Medicaid recipient appeals.
§ 108A-70.9B - (Effective until contingency met see note) Contested Medicaid cases.
§ 108A-70.9C - Informal review permitted.
§ 108A-70.12 - Liability for certain acts; damages; effect of repayment.
§ 108A-70.13 - False claims procedure.
§ 108A-70.14 - Civil investigative demand.
§ 108A-70.15 - Employee remedies.
§ 108A-70.16 - Uniformity of interpretation.
§ 108A-70.37 - Timely decision standards.
§ 108A-70.38 - Timely processing standards.
§ 108A-70.39 - Average processing time standards.
§ 108A-70.40 - Percentage processed timely standards.
§ 108A-70.41 - Corrective action.
§ 108A-70.42 - Temporary assumption of Medicaid eligibility administration.
§ 108A-70.43 - (Effective until contingency met see note) Reporting.
§ 108A-70.46 - Audit of county Medicaid determinations.
§ 108A-70.47 - Medicaid eligibility determination processing accuracy standards.
§ 108A-70.48 - Quality assurance.
§ 108A-70.49 - Corrective action.
§ 108A-70.50 - Temporary assumption of Medicaid eligibility administration.
§ 108A-70.51 - (Effective until contingency met see note) Reporting.