As explained in SI 01210.300 through SI 01210.400, a converted blind recipient who was entitled to have countable income determined under the State plan can lose that right in two ways:

1. By not being a continuous resident of the State of conversion (SI 01210.400); (BCI protection ends at the end of the computation period in which residency is lost) or

2. By being ineligible* for a period in excess of six consecutive months (SI 01210.300).

   * For periods prior to October 1, 1983, “ineligible” in this context means ineligible for any payment, either Federal or federally administered state supplement. For periods beginning October 1, 1983, “ineligible” means ineligible for a Federal payment. Thus, a blind recipient who is eligible for only a state supplement will lose BCI protection in the seventh month of eligibility for state supplementation only, except for “protected” recipients SI 01210.300A.4.

It is important to identify loss of BCI protection in processing Livermore cases since it may limit the period for which a Livermore computation is needed. Obtain a full history query of the CMPH segment for the current SSR as well as all prior SSRs to determine whether a loss of BCI protection has occurred.

Examples:

Ms. Avoirdupois is a blind recipient converted in California, who met the criteria for BCI protection. She was continuously eligible for SSI from January 1974 through February 2014. Beginning March 2014, she had excess resources and continued to have excess resources through November 2014. Her benefits were reinstated effective December 2014. Ms. Avoirdupois lost her BCI protection because she was ineligible for more than six consecutive months. For purposes of applying the Livermore decision, the State plan can be used to determine her countable income through February 2014, but not thereafter.

Mr. Bracket is a blind recipient converted in California who met the criteria for BCI protection. He received State Disability Benefits (SDI) that resulted in a loss of federal eligibility beginning June 2016 through December 2016; he was eligible only for a state supplement payment for those months. He lost BCI protection effective December 2016, the seventh month in which he was eligible only for a state supplement.

Mr. Caridad is a blind recipient converted in California who met the criteria for BCI protection. He continuously resided in California until December 15, 2016 when he moved to Montana with the intention to reside in Montana permanently. Mr. Caridad lost his BCI protection beginning January 2017.