In the Food and Nutrition Act, “elderly” and “disabled” are terms of art that affect CalFresh eligibility and benefits. [See, generally, 7 U.S.C. § 2012(j); 7 C.F.R. § 271.2 (definition of elderly or disabled member); MPP § 63-102(e)(1).]
The Food and Nutrition Act defines “elderly” as someone 60 years of age or older. [Id.]
To be considered “disabled” for CalFresh purposes, the person must receive disability benefits. The local CalFresh office cannot decide for itself that a person is disabled. Rather, people who receive any of the following disability benefits count as “disabled” in the CalFresh Program:
- Supplemental Security Income (SSI);
- Social Security disability or blindness benefits;
- Disability-related Medi-Cal or Medicaid;
- Disability-related General Assistance (GA) when the eligibility to receive those benefits is based upon disability or blindness criteria which are at least as
stringent as those used for eligibility for SSI; - Interim assistance pending receipt of SSI;
- Public disability retirement pensions, if it is for a kind of disability that Social Security says cannot get better;
- Railroad Retirement disability annuity payments;
- Veterans’ disability compensation;
[7 U.S.C. §§ 2012(j)(2-7); 7 C.F.R. § 271.2 (definition of “elderly or disabled member”); MPP §§ 63-102(e)(1)(B-K).]
The disability definition changes for veteran’s benefits depending on whether the recipient is the veteran, a spouse or child of a veteran. The following may qualify as “disabled”:
- Veterans: Eligibile if the verteran has a service or non-service connected disability that the Veterans Administration (“VA”) has rated or paid as “total.” Also, veterans with a service or non-service connected disability whom the VA deems in need of regular aid-and-attendance or permanently housebound.
- Spouse: If the VA says the surviving spouse is someone needing regular aid-and-attendance, or is permanently house-bound, or is receiving or approved for service-connected death benefits or pension benefits for a non-service-connected death, AND the spouse has a permanent disability under the Social Security standards.
- Child: A surviving child whom the VA says can never support himself or who is receiving or approved for service-connected death benefits or pension benefits for a non-service-connected death, and the child has a permanent disability under the Social Security standards.
[See MPP §§ 63-102(e)(1)(G) through (J).]