THE FOLLOWING STUDY ARTICLE  POSTING IS INTENDED TO SUPPORT AWARENESS AND UNDERSTANDING. IT IS ONLY A PRELIMINARY LEVEL LEGAL STUDY ARTICLE AND IT IS NOT LEGAL ADVICE.   IF THE READER SEEKS LEGAL ADVICE CONCERNING HIS OR HER PARTICULAR SITUATION, HE OR SHE SHOULD SEEK OUT AN ATTORNEY IN A LAWYER CLIENT RELATIONSHIP.

As A Condition Of Eligibility For Pennsylvania Medical Assistance, An Applicant/Recipient Shall Take Necessary Steps to Obtain And Make Available Potential Sources Of Income Available To Him Or Her.

However,  When An Individual Age 62 or Older Is Working An Average Of 30 Hours Or More Per Week And Has Not Reached Their Full Retirement Age ,  The County Assistance Office Will Grant The Individual Good Cause From Applying For Early Social Security Retirement Benefits. 

Preliminary Legal Study Basis

(d) As a condition of eligibility for MA, an applicant/recipient shall take necessary steps to obtain and make available potential sources of income available to him, such as, but not limited to, benefits under retirement, unemployment compensation, workers compensation, State or county retirement and disability benefits, veterans benefits, union pensions and employer’s pensions and annuities.

See 55 Pa. Code § 181.1 – General policy on MA income common to all categories of MA

The applicant/recipient must apply for or obtain any potential source of income available to him or her. If an individual is cooperating with pursuing potential sources of income, MA must not be rejected, closed or delayed. An individual who, without good cause , does not cooperate in obtaining potential benefits is ineligible for MA. MA should not be delayed or terminated for an individual whose responsible caretaker/relative fails or refuses to apply for potential benefits for himself/herself or the individual.

See Medical Assistance Eligibility Handbook – Section 312.4 Income

When an individual age 62 or older is working an average of 30 hours or more per week and has not reached their full retirement age, the CAO ( i.e. County Assistance Office) will grant the individual good cause from applying for early Social Security retirement benefits……. Good cause will not be granted to an individual who is not working an average of 30 hours or more per week but wants to delay applying for retirement benefits to avoid a penalty and receive a higher benefit at their full retirement age.

See Medical Assistance Eligibility Handbook –Section 350.121 Early Social Security Retirement – Good Cause