ASRA JAWAID v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, Etc.
CourtDistrict Court of Appeal of Florida
Date FiledApril 15, 2020
Docket3D19-0673
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed April 15, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-673
Lower Tribunal Nos. 18F-09737; 1593181370
________________
Asra Jawaid,
Appellant,
vs.
Florida Department of Children and Families, etc.,
Appellee.
An Administrative Appeal from the Florida Department of Children and
Families.
Asra Jawaid, in proper person.
Leslie Hinds, Chief Regional Legal Counsel, for appellee.
Before SALTER, LOGUE, and HENDON, JJ.
PER CURIAM.
Asra Jawaid (“Jawaid”) appeals the entry of a Final Order affirming the
denial of her Medicaid Application Based on Disability Criteria.
Jawaid applied for disability through the Social Security Administration and
was denied. Within one year of that denial, and for the same reasons, she applied for
disability to the Department of Children and Families. Jawaid’s answers to questions
in the application admitted that her disability had not been established, that she had
been denied disability through the Social Security Administration within the year,
and that her health condition had not changed since that denial.
As required by law, the Department adopted the Social Security
Administration’s determination and denied Jawaid’s Disability Application. 42
C.F.R. § 435.541; § 435.912, Fla. Stat. Following an administrative evidentiary
hearing, the Final Order, affirming the Department’s denial of Jawaid’s application,
was entered.
This Court reviews a public benefits matter for whether the Final Order is
supported by competent, substantial evidence. § 120.68, Fla. Stat.; Smith v. Dep’t of
Children & Families, 188 So. 3d 81, 82 (Fla. 3d DCA 2016) (citing McMillan v.
Dep’t. of Children and Families, 868 So. 2d 1286 (Fla. 1st DCA 2004)).
A disability determination by the Social Security Administration is binding
on a State agency. 42 C.F.R. § 435.541. An applicant, like Jawaid, who is under 65
years of age with no minor children, must meet certain disability criteria. See 20
C.F.R. § 416.905. Specifically, the federal regulation provides, in pertinent part:
(2) The agency may not make an independent determination of
disability if SSA has made a disability determination within the time
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limits set forth in §435.912 on the same issues presented in the
Medicaid application. A determination of eligibility for SSI payments
based on disability that is made by SSA automatically confers Medicaid
eligibility, as provided under § 435.909.
(b) Effect of SSA determinations. (1) Except in the circumstances
specified in paragraph (c) (3) of this section—
(i) An SSA disability determination is binding on an agency until the
determination is changed by SSA.
....
(2) The agency must refer to SSA all applicants who allege new
information or evidence affecting previous SSA determinations of
ineligibility based upon disability for reconsideration or reopening of
the determination, except in cases specified in paragraph (c) (4) of this
section.
(c) Determinations made by the Medicaid agency. The agency must
make a determination of disability in accordance with the requirements
of this section if any of the following circumstances exist:
....
(4) The individual applies for Medicaid as a non-cash beneficiary,
whether or not the State has a section 1634 agreement with SSA. and—
(i) Alleges a disabling condition different from, or in addition to, that
considered by SSA in making its determination; or
(ii) Alleges more than 12 months after the most recent SSA
determination denying disability that his or her condition has changed
or deteriorated since that SSA determination and alleges a new period
of disability which meets the durational requirements of the Act, and
has not applied to SSA for a determination with respect to these
allegations.
(iii) Alleges less than 12 months after the most recent SSA
determination denying disability that his or her condition has changed
or deteriorated since that SSA determination, alleges a new period of
disability which meets the durational requirements of the Act, and—
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(A) Has applied to SSA for reconsideration or reopening of its disability
decision and SSA refused to consider the new allegations; and/or
(B) He or she no longer meets the nondisability requirements for SSI
but may meet the State’s nondisability requirements for Medicaid
eligibility.
42 C.F.R. § 435.541.
Here, the Final Order is supported by competent, substantial evidence. Jawaid
is under the age of 65 with no minor children, was denied disability by the Social
Security Administration within the last year for the same reasons sought in her
application to the Department, and failed to assert a new or worsening condition.
That is not to say Jawaid is precluded from utilizing any appeal process available to
her through the Social Security Administration, or that she could not, at some future
time, meet one of the abovementioned exceptions that could allow her to obtain a
disability determination. However, on the record before us at this time, the Final
Order is supported by competent, substantial evidence and consistent with federal
and Florida law.
Affirmed.
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