Individuals with disabilities must have access to fully participate in their communities. Services and benefits should be available in the community to ensure people with disabilities can maintain health, safety, and independence.
Many people with disabilities rely on public benefits and support programs to meet their healthcare, income, housing, and daily living needs. Understanding these programs and your rights can help you make informed decisions and protect your benefits.
This page provides information about major benefit programs, your rights, and how Protection & Advocacy (P&A) may be able to help.
Medicaid
Medicaid is a joint federal and state program that provides health coverage and long-term services for eligible individuals with disabilities and people with low income. In North Dakota, Medicaid is administered by the North Dakota Department of Health and Human Services.
Medicaid may cover:
- Doctor visits and hospital care
- Mental health and behavioral health services
- Prescriptions and medical equipment
- Home and Community-Based Services (HCBS)
- Personal care and nursing services
- Assistive technology
- Long-term care supports
Many people who receive SSI automatically qualify for Medicaid in North Dakota.
It is important to:
- Report changes in income, address, or household size
- Renew your coverage when required
- Review notices from Medicaid carefully
Rights Under Medicaid
Medicare
Medicare is a federal health insurance program for:
- People age 65 and older
- People who have received SSDI for a certain period
- People with specific medical conditions
Medicare includes:
- Part A (Hospital Insurance)
- Part B (Medical Insurance)
- Part D (Prescription Drug Coverage)
- Medicare Advantage Plans (Part C)
Free assistance with Medicare questions and plan choices is available through the North Dakota Insurance Department and the State Health Insurance Assistance Program (SHIP). Some individuals may qualify for programs that help pay Medicare premiums and out-of-pocket costs.
Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI)
Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) are federal disability benefit programs administered by the Social Security Administration. These programs provide monthly income to eligible individuals with disabilities.
Supplemental Security Income (SSI)
SSI is a needs-based program for people with disabilities who have limited income and resources.
SSI may help pay for basic living expenses such as:
- Housing
- Food
- Utilities
- Clothing
- Personal needs
Eligibility is based on:
- Disability status
- Income
- Assets and resources
- Living arrangements
In North Dakota, many people who receive SSI also qualify for Medicaid.
Social Security Disability Insurance (SSDI)
SSDI provides benefits to people with disabilities who have worked and paid into Social Security.
Eligibility is based on:
- Work history
- Payment of Social Security taxes
- Medical disability determination
Unlike SSI, SSDI is not based on financial need.
After receiving SSDI for a certain period, most individuals become eligible for Medicare.
Reporting Changes and Avoiding Overpayments
People who receive SSI or SSDI are required to report certain changes to Social Security. Reporting changes on time helps prevent overpayments and protects your benefits.
You should report changes such as:
- Starting or stopping work
- Changes in income
- Changes in living arrangements
- Marriage, separation, or divorce
- Changes in bank accounts or resources
- Changes in disability status
- Moving to a new address
Failure to report changes may result in an overpayment.
SSI and SSDI Overpayments
An overpayment occurs when Social Security determines that you received more benefits than you were eligible for.
Overpayments may happen when:
- Income changes are not reported
- Work is not reported timely
- Living situations change
- Information is missing or incorrect
- Administrative errors occur
If you receive an overpayment notice, you may have options, including:
- Requesting a reconsideration if you believe the overpayment is incorrect
- Requesting a waiver if you cannot afford to repay
- Setting up a repayment plan
It is important to read overpayment notices carefully and respond by the deadline listed in the letter.
What To Do If Social Security Overpays Me
Representative Payees
If the Social Security Administration determines that a person cannot manage their benefits independently, it may appoint a representative payee.
A representative payee:
- Receives benefit payments
- Uses the money for the person’s needs
- Keeps records of spending
- Reports to Social Security
- Acts in the best interest of the beneficiary
Payees must use funds only for the person’s benefit. Misuse of benefits is not allowed and should be reported.
Individuals have the right to:
- Request a change in payee
- Report concerns about misuse
- Be involved in decisions whenever possible
Your Rights to Benefits
People who apply for or receive public benefits have important rights, including the right to:
- Apply without discrimination
- Receive clear and understandable information
- Access services in community-based settings
- Request reasonable accommodations
- Receive notices about changes to benefits
- Appeal denials, reductions, or terminations
- Submit evidence and attend hearings
- Receive information in accessible formats
You have the right to challenge decisions you believe are incorrect. Deadlines for appeals are very important. Missing a deadline can affect your ability to keep or restore benefits.
How Protection & Advocacy (P&A) May Be Able to Help
Protection & Advocacy may be able to help individuals with disabilities understand and protect their benefits.
We might be able to help with:
- Explaining benefit programs and rules
- Answering questions about notices and letters
- Helping with applications and reporting changes
- Assisting with appeals and hearings
- Addressing service denials or reductions
- Advocating for community-based supports
- Providing information about rights
There are times when we may not be able to assist, including when:
- The issue must be resolved directly with the agency
- The matter is outside our legal authority
- There is a conflict of interest
- The case does not meet program priorities
If we cannot provide direct representation, we may be able to offer information or referrals.
The North Dakota Protection & Advocacy Project provides free and confidential advocacy services.
Learn More and Get Help
If you have questions about your benefits or are experiencing problems with services, you may contact P&A for assistance. Our staff can help you understand your options and determine whether we may be able to support you.