---
kind: "section"
citation: "20 C.F.R. § 416.265"
title: "20"
number: "416.265"
heading: "Requirements for the special SSI eligibility status."
url: "https://uscodex.org/cfr/20/416.265"
---

# §416.265. Requirements for the special SSI eligibility status.


In order to be eligible for the special SSI eligibility status, you must have been eligible to receive a regular SSI benefit or a federally administered State supplementary payment (see [§ 416.2001](/cfr/20/416.2001.md)) in a month before the month for which we are making the special SSI eligibility status determination. The month you were eligible for a regular SSI benefit or a federally administered State supplementary payment may not be in a prior period of eligibility which has been terminated according to [§§ 416.1331 through 416.1335](/cfr/20/416.1331..416.1335.md). For periods prior to May 1, 1991, you must be under age 65. Also, we must establish that:

- (a) **You continue to be blind or continue to have a disabling impairment.**
- (b) Except for your earnings, you meet all the nondisability requirements for eligibility for SSI benefits (see [§ 416.202](/cfr/20/416.202.md));
- (c) The termination of your eligibility for Medicaid would seriously inhibit your ability to continue working (see [§ 416.268](/cfr/20/416.268.md)); and
- (d) Your earnings after the exclusions in [§ 416.1112(c)](/cfr/20/416.1112.md?p=c) (6), (8), and (9) are not sufficient to allow you to provide yourself with a reasonable equivalent of the benefits (SSI benefits, federally administered State supplementary payments, Medicaid, and publicly-funded attendant care services, including personal care assistance under [§ 416.269(d)](/cfr/20/416.269.md?p=d)) which would be available to you if you did not have those earnings (see [§ 416.269](/cfr/20/416.269.md)).

## Notes

### Amendments

[47 FR 15324, Apr. 9, 1982, as amended at 59 FR 41404, Aug. 12, 1994; 59 FR 49291, Sept. 27, 1994; 60 FR 8149, Feb. 10, 1995; 91 FR 16830, Apr. 3, 2026]

### Authority

Authority: Secs. 702(a)(5), 1110(b), 1602, 1611, 1614, 1619(a), 1631, and 1634 of the Social Security Act (42 U.S.C. 902(a)(5), 1310(b), 1381a, 1382, 1382c, 1382h(a), 1383, and 1383c); secs. 211 and 212, Pub. L. 93-66, 87 Stat. 154 and 155 (42 U.S.C. 1382 note); sec. 502(a), Pub. L. 94-241, 90 Stat. 268 (48 U.S.C. 1681 note); sec. 2, Pub. L. 99-643, 100 Stat. 3574 (42 U.S.C. 1382h note ).

### Source

Source: 47 FR 3103, Jan. 22, 1982, unless otherwise noted.

### Amendments

[47 FR 15324, Apr. 9, 1982, as amended at 59 FR 41404, Aug. 12, 1994; 59 FR 49291, Sept. 27, 1994; 60 FR 8149, Feb. 10, 1995; 91 FR 16830, Apr. 3, 2026]