LSNJLAW SM

Find Free NJ Legal Information

Welcome to the LSNJLAWSM website, provided by Legal Services of New Jersey (LSNJ). LSNJ is a 501(c)(3) nonprofit offering free civil legal assistance to low-income people in New Jersey. Find legal information by clicking on a legal topic or typing a few words into the search box.

LAW Home > Legal Topics > Health Care > NJ FamilyCare/Medicaid > Renewing your Medicaid Coverage

What You Need to Know If You Have a Disability Determination from the Social Security Administration

 

From March 2020 through March 2023, NJ FamilyCare did not make any changes to Medicaid enrollment. This included not terminating anyone, even if they no longer qualified for the NJ FamilyCare program in which they were enrolled.

You may have become eligible for Medicare because your effective date of disability was over two years ago. If you became eligible for Medicare during this time period, then you may be enrolled in a Medicaid program that you are no longer eligible for. You will now need to be evaluated for coverage under programs for people who are enrolled in Medicare.

NJ WorkAbility is a Medicaid program specifically for people who have a disability determination and who have Medicare coverage. It provides Medicaid coverage for disabled people who are earning income from a job, either full time or part time. The income limit is much higher for this program, and it has recently been expanded so that a spouse’s income is not counted. It also no longer has an asset limit.

The old rules for this program stopped eligibility at the age of 65. However, that rule has been changed as of April 1, 2023. Now, anyone who was determined disabled by the Social Security Administration before they turned 65 can apply for this program. However, if you are under the age of 65 and do not have a Social Security determination of disability, you can instead request a review of your disability by the state Medical Review Team.

You should fill out the NJ FamilyCare Aged, Blind and Disabled (ABD) application to apply for NJ WorkAbility. You can apply online or submit a paper application to your county welfare agency. You will need to present proof of employment, either recent paystubs or a letter from your employer explaining how much you are paid.

The Social Security Administration has special rules for people who want to be employed. It is important to know these rules, to ensure that your benefits are not interrupted. Contact the NJ Wins organization for help in understanding the rules to reduce any impact on your disability benefits. After you start on the NJ WorkAbility program, you will also need to file a federal tax return listing your income, even if your income is too low to owe any taxes.

If you have questions about coverage under the NJ WorkAbility program, contact the LSNJ Health Care Access Project through the LSNJLAW Hotline at www.lsnjlawhotline.org (1-888-LSNJ-LAW, 1-888-576-5529), or your local Legal Services program.