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A Summary of the Revised Section 301 Regulations - 2011
When the Social Security Administration (SSA) conducts a continuing disability review (CDR) or an SSI age-18 medical redetermination, it may find that the beneficiary no longer meets the medical requirements to receive disability benefits. If that happens, SSA usually stops the individual’s benefits. Under certain specific conditions, however, SSA may continue to provide cash disability payments and medical insurance (Medicare and/or Medicaid) to individuals who are participating in programs that may enable them to become self-supporting.
Because the statutory authority for these continued benefits first appeared in section 301 of the Social Security Disability Amendments of 1980, they often are called "section 301 payments." The current statutory authority for them is in sections 225(b) and 1631(a)(6)(A) of the Social Security Act.
Important Section 301 Facts
• Section 301 provisions only offer extended benefits to eligible individuals who would otherwise terminate from benefits due to medical recovery, not individuals who lose benefits due to work activity or other reasons.
• Section 301 allows continued benefit payments for any auxiliaries drawing off of the insured worker (such as a spouse or dependent children).
• Section 301 payments are accompanied by continuation of Medicare and/or Medicaid health insurance, as applicable.
• Section 301 provisions apply to SSI as well as the disability benefits authorized under title II of the Social Security Act. This would include Social Security Disability Insurance (SSDI), Childhood Disability Benefits (CDB) and Disabled Widow(er) Benefits (DWB).
• SSI recipients must continue to meet all SSI eligibility criteria such as the income and resource limits to retain section 301 payments
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