If you lost Supplemental Security Income (SSI) years ago and just got denied Medicaid or a Medicare Savings Program for excess income, the Georgia Pickle Amendment may still qualify you. It is a federal Medicaid eligibility rule, codified at 42 CFR 435.135, that disregards Social Security cost-of-living adjustments (COLAs) when Georgia determines Medicaid eligibility for former SSI recipients.U.S. Government Publishing Office. (1977). 42 CFR 435.135 — Individuals who become ineligible for cash assistance as a result of OASDI cost-of-living increases received after April 1977 (eCFR, current/rolling edition). ecfr.gov. Retrieved Aug 3, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-B/section-435.135
The test is a counterfactual one: you qualify if you would still be eligible for SSI today once every Social Security COLA you have received since SSI ended is subtracted back out of your current check. In Georgia, the Division of Family and Children Services (DFCS) must apply this disregard, but it is not automatic, so you have to ask for it and document your former SSI receipt.
What the Georgia Pickle Amendment Does
The Georgia Pickle Amendment protects a specific group: people who once received SSI, lost it as Social Security cost-of-living adjustments raised their income, and now find their Social Security check sits above Medicaid's limits. SSI is the needs-based program for low-income aged, blind, or disabled people, and its 2026 federal benefit rate is $994/month for an individual and $1,491/month for a couple.U.S. Social Security Administration. (2026). SSI Federal Payment Amounts for 2026. ssa.gov. Retrieved Aug 8, 2026, from https://www.ssa.gov/oact/cola/SSI.html Medicaid and Medicare Savings Program income limits track the Federal Poverty Level, which in 2026 is $15,960/year (about $1,330/month) for one person.Office of the Assistant Secretary for Planning and Evaluation, U.S. Department of Health and Human Services. (n.d.). Poverty Guidelines. aspe.hhs.gov. Retrieved Jun 22, 2026, from https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines
Over years and decades, Social Security COLAs raise benefits faster than these thresholds grow. A longtime beneficiary can drift above the SSI limit, then above the QMB and full-Medicaid limits, purely because Social Security increased, not because their real circumstances improved. The Pickle Amendment reverses that drift. Georgia's Department of Community Health (DCH) and DFCS must disregard the cumulative Social Security COLAs received since SSI ended, rolling "Medicaid income" back toward what it was when SSI stopped.U.S. Government Publishing Office. (1977). 42 CFR 435.135 — Individuals who become ineligible for cash assistance as a result of OASDI cost-of-living increases received after April 1977 (eCFR, current/rolling edition). ecfr.gov. Retrieved Aug 3, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-B/section-435.135
This rule is widely underused. Many beneficiaries have never heard of it, and many DFCS eligibility workers do not flag it, because the calculation relies on historical COLA data the automated Georgia Gateway system does not apply on its own. If you fit the profile, raising the Pickle Amendment yourself, or through an advocate, is often the difference between a denial and the highest-tier dual-eligible benefit.
The Counterfactual Test: What Actually Qualifies You
The most important and most misunderstood point about the Pickle Amendment is how the qualifying test works. The federal regulation at 42 CFR 435.135 requires Georgia to provide Medicaid to individuals who are receiving Social Security (OASDI), were receiving SSI but became ineligible for it after April 1977, and "would still be eligible for SSI or State supplements if the amount of OASDI cost-of-living increases" received since SSI ended "were deducted from current OASDI benefits."U.S. Government Publishing Office. (1977). 42 CFR 435.135 — Individuals who become ineligible for cash assistance as a result of OASDI cost-of-living increases received after April 1977 (eCFR, current/rolling edition). ecfr.gov. Retrieved Aug 3, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-B/section-435.135
Read carefully, that is a counterfactual test, not a causal one. You do not have to prove that a COLA was the original or proximate reason your SSI stopped. You have to show that, with every post-loss COLA stripped back out of your current Social Security check, you would still pass the SSI income test today. The Social Security Administration's operating instructions (POMS SI 01715.015) describe the same mechanic: the Title II benefit is treated as frozen at the amount it stood at when SSI payment eligibility was lost, without the COLAs that came after.U.S. Government Publishing Office. (1977). 42 CFR 435.135 — Individuals who become ineligible for cash assistance as a result of OASDI cost-of-living increases received after April 1977 (eCFR, current/rolling edition). ecfr.gov. Retrieved Aug 3, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-B/section-435.135
The distinction matters in practice. Many family-facing explainers, and many eligibility workers, frame Pickle as a strict "you lost SSI specifically because of COLA" rule. That framing wrongly discourages people whose SSI ended for a mixed or unclear reason. If you can run the calculation and land under the limit with COLAs removed, you have a Pickle claim worth pursuing.
The Four Pickle Conditions
To qualify in Georgia, a beneficiary must meet all four conditions below. The regulation states each one.U.S. Government Publishing Office. (1977). 42 CFR 435.135 — Individuals who become ineligible for cash assistance as a result of OASDI cost-of-living increases received after April 1977 (eCFR, current/rolling edition). ecfr.gov. Retrieved Aug 3, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-B/section-435.135
1. Current aged, blind, or disabled status
You must currently meet one of Medicaid's categorical bases:
- Aged: 65 or older.
- Blind: meeting Social Security's definition of statutory blindness.
- Disabled: meeting Social Security's definition of disability.
The basis you use now does not have to match the basis you had on SSI. Someone who received SSI for disability at 40, moved to Social Security Disability Insurance (SSDI), and is now 72 can claim Pickle as an aged applicant. The original disability does not need to be re-documented.
2. Currently entitled to Social Security Title II benefits
You must currently receive a Title II Social Security benefit:
- Retirement (Retirement Insurance Benefits).
- Social Security Disability Insurance (SSDI).
- Survivors benefits (widow's, widower's, or other auxiliary benefits).
Most Pickle applicants are retirees who converted from SSDI to retirement, or SSDI beneficiaries who later aged into retirement.
3. Past SSI receipt after April 1977
You must have received SSI (Title XVI) at some point after April 1977, the regulation's effective floor. Even a single month of SSI decades ago qualifies. Social Security keeps records of SSI receipt; you can request your benefit history by calling the Social Security Administration at 1-800-772-1213 or visiting a local office.usa.gov. (n.d.). SSDI and SSI benefits for people with disabilities (USAGov). Retrieved Jul 13, 2026, from https://www.usa.gov/social-security-disability
4. You would still pass the SSI test with post-loss COLAs removed
This is the counterfactual condition above: with every Social Security COLA received since the last month you held SSI and Social Security together subtracted from your current benefit, the result must fall under the SSI limit. If it does, you are treated as if you were still on SSI for Medicaid purposes.U.S. Government Publishing Office. (1977). 42 CFR 435.135 — Individuals who become ineligible for cash assistance as a result of OASDI cost-of-living increases received after April 1977 (eCFR, current/rolling edition). ecfr.gov. Retrieved Aug 3, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-B/section-435.135
How the Georgia Pickle Amendment Calculation Works
The calculation translates condition 4 into arithmetic. The screening method used by advocates and state agencies multiplies (or divides) the current Social Security benefit by a published "reduction factor" tied to the year SSI was lost.
Step 1: Find your anchor month
The regulation runs the disregard from the last month after April 1977 in which you were both receiving SSI and entitled to Social Security, so that overlap month, not simply the last month an SSI check arrived, is what the arithmetic starts from.U.S. Government Publishing Office. (1977). 42 CFR 435.135 — Individuals who become ineligible for cash assistance as a result of OASDI cost-of-living increases received after April 1977 (eCFR, current/rolling edition). ecfr.gov. Retrieved Aug 3, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-B/section-435.135 Establish it from Social Security records, your SSI termination notice if you kept it, and your own account.
Step 2: Find your current Social Security benefit
Confirm your current monthly Title II benefit from your most recent Social Security award letter.
Step 3: Apply the COLA disregard
Subtract the cumulative Social Security COLAs received since the month after your anchor month. In practice, advocates divide the current benefit by a cumulative COLA factor for that loss year. The result is your "Pickle income," an estimate of what the benefit would have been at your anchor month.
The complete official series is below, labeled the way the Social Security Administration publishes it. Read the year column carefully, because SSA names each COLA for the year it was determined and effective, not for the year it first reached a check: the 1975 through 1982 COLAs were effective with benefits payable for June of those years, and every COLA since has been effective with benefits payable for December, meaning it first shows up in the January check of the following year. So the 2.8% adjustment SSA labels "2025" is the one first payable in January 2026, which is how the Congressional Research Service lists it.U.S. Social Security Administration. (n.d.). SSA Office of the Chief Actuary — Cost-Of-Living Adjustments (full series). ssa.gov. Retrieved Jul 10, 2026, from https://www.ssa.gov/oact/cola/colaseries.html
| Year | COLA |
|---|---|
| 1975 | 8.0% |
| 1976 | 6.4% |
| 1977 | 5.9% |
| 1978 | 6.5% |
| 1979 | 9.9% |
| 1980 | 14.3% |
| 1981 | 11.2% |
| 1982 | 7.4% |
| 1983 | 3.5% |
| 1984 | 3.5% |
| 1985 | 3.1% |
| 1986 | 1.3% |
| 1987 | 4.2% |
| 1988 | 4.0% |
| 1989 | 4.7% |
| 1990 | 5.4% |
| 1991 | 3.7% |
| 1992 | 3.0% |
| 1993 | 2.6% |
| 1994 | 2.8% |
| 1995 | 2.6% |
| 1996 | 2.9% |
| 1997 | 2.1% |
| 1998 | 1.3% |
| 1999 | 2.5% (originally determined as 2.4%; set at 2.5% by P.L. 106-554) |
| 2000 | 3.5% |
| 2001 | 2.6% |
| 2002 | 1.4% |
| 2003 | 2.1% |
| 2004 | 2.7% |
| 2005 | 4.1% |
| 2006 | 3.3% |
| 2007 | 2.3% |
| 2008 | 5.8% |
| 2009 | 0.0% |
| 2010 | 0.0% |
| 2011 | 3.6% |
| 2012 | 1.7% |
| 2013 | 1.5% |
| 2014 | 1.7% |
| 2015 | 0.0% |
| 2016 | 0.3% |
| 2017 | 2.0% |
| 2018 | 2.8% |
| 2019 | 1.6% |
| 2020 | 1.3% |
| 2021 | 5.9% |
| 2022 | 8.7% |
| 2023 | 3.2% |
| 2024 | 2.5% |
| 2025 | 2.8% (first payable January 2026) |
SSI COLAs are generally the same percentages, effective the month after the Social Security effective month.U.S. Social Security Administration. (n.d.). SSA Office of the Chief Actuary — Cost-Of-Living Adjustments (full series). ssa.gov. Retrieved Jul 10, 2026, from https://www.ssa.gov/oact/cola/colaseries.html The most recent adjustment, 2.8%, was announced on October 24, 2025 and first appeared in January 2026 checks.U.S. Social Security Administration. (n.d.). Cost-of-Living Adjustment (COLA) Information. ssa.gov. Retrieved Jul 24, 2026, from https://www.ssa.gov/cola/
The annual "reduction factor" tables advocates use to screen Pickle cases are derived from this series rather than published by SSA: each factor chains the COLAs above from a given loss year forward. Versions circulated by legal-services organizations are a useful cross-check, but the series above is the authoritative input. The older your SSI loss, the larger the cumulative disregard: a loss in the 1980s removes far more from a current check than a loss in the 2010s.
Step 4: Compare Pickle income to the limit
Compare your Pickle income, not your actual current benefit, against the Medicaid threshold for the category you want. The 2026 Georgia limits (income figures include the standard $20 disregard) are:U.S. Social Security Administration. (2026). SSA - POMS: HI 00815.023 - Medicare Savings Programs Income and Resource Limits - 02/26/2026. secure.ssa.gov. Retrieved Jun 22, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0600815023,U.S. Social Security Administration. (2026). SSI Federal Payment Amounts for 2026. ssa.gov. Retrieved Aug 4, 2026, from https://www.ssa.gov/oact/cola/SSI.html
| Category | 2026 income limit (single) | 2026 income limit (couple) | Asset limit |
|---|---|---|---|
| QMB (100% FPL) | $1,350 | $1,824 | $9,950 / $14,910 |
| SLMB (120% FPL) | $1,616 | $2,184 | $9,950 / $14,910 |
| QI (135% FPL) | $1,816 | $2,455 | $9,950 / $14,910 |
| Aged, Blind, Disabled / full Medicaid | $994 | $1,491 | $2,000 / $3,000 |
Because Pickle treats you as still on SSI, your Pickle income usually lands well below 100% of the Federal Poverty Level, qualifying you for QMB, the most generous Medicare Savings Program, or for full Medicaid if your assets are also under the Aged, Blind, and Disabled limit.U.S. Social Security Administration. (2026). SSA - POMS: HI 00815.023 - Medicare Savings Programs Income and Resource Limits - 02/26/2026. secure.ssa.gov. Retrieved Jun 22, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0600815023,Office of the Assistant Secretary for Planning and Evaluation, U.S. Department of Health and Human Services. (n.d.). Poverty Guidelines. aspe.hhs.gov. Retrieved Jun 22, 2026, from https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines
Step 5: Apply the asset and categorical tests normally
Pickle changes only the income test. The asset limits above still apply, as do residency in Georgia and citizenship or qualified-immigrant status. A former SSI recipient with countable resources over the limit does not qualify even with the COLA disregard.
What Pickle Restores: QMB, SLMB, QI, and Full Medicaid
The Pickle Amendment is not tied to one category. It applies wherever an income test would otherwise disqualify a former SSI recipient. In Georgia, the common landing spots are the Medicare Savings Programs and full Aged, Blind, and Disabled Medicaid.
Qualified Medicare Beneficiary (QMB)
If your Pickle income is at or below $1,350/month (single, 2026), you qualify for the Qualified Medicare Beneficiary program, the most complete Medicare Savings Program.U.S. Social Security Administration. (2026). SSA - POMS: HI 00815.023 - Medicare Savings Programs Income and Resource Limits - 02/26/2026. secure.ssa.gov. Retrieved Jun 22, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0600815023 QMB pays the Medicare Part B premium, which is $202.90/month in 2026, along with Medicare deductibles and coinsurance.Centers for Medicare & Medicaid Services. (2026). 2026 Medicare Parts A & B Premiums and Deductibles. cms.gov. Retrieved Aug 7, 2026, from https://www.cms.gov/newsroom/fact-sheets/2026-medicare-parts-b-premiums-deductibles Federal law also bars every Medicare provider and supplier from billing a QMB enrollee for Part A or Part B cost sharing, even when Georgia Medicaid pays nothing toward it.U.S. Social Security Administration. (n.d.). Social Security Act Sec. 1902 [42 U.S.C. 1396a] - State Plans for Medical Assistance (subsection (n)(3)). ssa.gov. Retrieved Jul 10, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1902.htm QMB also triggers automatic enrollment in the Medicare Part D Low-Income Subsidy (Extra Help).
Specified Low-Income Medicare Beneficiary (SLMB) and Qualifying Individual (QI)
If Pickle income falls in the SLMB range (up to $1,616 single in 2026) or the QI range (up to $1,816 single), you qualify for the Specified Low-Income Medicare Beneficiary program or the Qualifying Individual program.U.S. Social Security Administration. (2026). SSA - POMS: HI 00815.023 - Medicare Savings Programs Income and Resource Limits - 02/26/2026. secure.ssa.gov. Retrieved Jun 22, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0600815023 Both pay the Part B premium and trigger Extra Help, but neither carries QMB's full deductible, coinsurance, and balance-billing protections. For that reason it is worth running the Pickle math against the QMB limit first, since many former SSI recipients land below it.
Part D Extra Help (Low-Income Subsidy)
Any of these Pickle-restored statuses (QMB, SLMB, QI, or full Medicaid) automatically enrolls you in the Part D Low-Income Subsidy. In 2026, full Extra Help caps covered-drug copays at $5.10 generic and $12.65 brand, with $0 owed once out-of-pocket drug costs reach the $2,100 catastrophic threshold.U.S. Social Security Administration. (n.d.). SSA POMS HI 03030.025 - Resource Limits for Subsidy Eligibility. secure.ssa.gov. Retrieved Jun 22, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0603030025 It also zeroes the annual Part D deductibleU.S. Social Security Administration. (n.d.). SSA POMS HI 03001.005 - Medicare Part D Extra Help (Low-Income Subsidy or LIS). secure.ssa.gov. Retrieved Jul 15, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0603001005 and, for a plan priced at or below your region's benchmark, the monthly premium.U.S. Social Security Administration. (n.d.). SSA POMS HI 03001.005 - Medicare Part D Extra Help (Low-Income Subsidy or LIS). secure.ssa.gov. Retrieved Jul 15, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0603001005
Full Aged, Blind, and Disabled Medicaid
If Pickle income is below Georgia's Aged, Blind, and Disabled income limit, which tracks the SSI federal benefit rate at $994/month single in 2026, and assets are under $2,000, you can qualify for full Medicaid.U.S. Social Security Administration. (2026). SSI Federal Payment Amounts for 2026. ssa.gov. Retrieved Aug 4, 2026, from https://www.ssa.gov/oact/cola/SSI.html Full Medicaid adds traditional services on top of Medicare cost-sharing and opens the door to home and community-based services. Georgia runs four Section 1915(c) waivers, including the Elderly and Disabled Waiver Program (EDWP), which DCH administers for people who need a nursing-facility level of care but want to stay at home. EDWP delivers those services through two models, the Community Care Services Program (CCSP) and Service Options Using Resources in a Community Environment (SOURCE).Centers for Medicare & Medicaid Services. (1915). CMS/Medicaid.gov — Georgia 1915(c) HCBS waivers (DCH corrective action plan). medicaid.gov. Retrieved Aug 3, 2026, from https://www.medicaid.gov/medicaid/home-community-based-services/downloads/ga-prop-cap.pdf
An Illustrative Pickle Case
The following case is hypothetical, used only to show the mechanics. It is not a specific person, and the dollar figures are illustrative rather than sourced facts; run your own numbers with current Social Security records.
Picture a 78-year-old in Atlanta who received SSI in the 1980s, moved to SSDI, and converted to retirement Social Security. Her current retirement benefit now exceeds the 2026 QMB limit of $1,350/month, so DFCS denies QMB for excess income.U.S. Social Security Administration. (2026). SSA - POMS: HI 00815.023 - Medicare Savings Programs Income and Resource Limits - 02/26/2026. secure.ssa.gov. Retrieved Jun 22, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0600815023
A GeorgiaCares counselor recognizes the Pickle issue.Administration for Community Living. (n.d.). Administration for Community Living — State Health Insurance Assistance Program (SHIP). acl.gov. Retrieved Jul 30, 2026, from https://acl.gov/programs/connecting-people-services/state-health-insurance-assistance-program-ship Working from her anchor month and the official COLA series, the counselor divides her current benefit by the cumulative COLA factor for that loss year. Her Pickle income lands well under the $1,350 QMB limit.U.S. Social Security Administration. (2026). SSA - POMS: HI 00815.023 - Medicare Savings Programs Income and Resource Limits - 02/26/2026. secure.ssa.gov. Retrieved Jun 22, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0600815023 With documentation of former SSI receipt, a DFCS supervisor approves QMB through Pickle. Her restored QMB now covers the $202.90 monthly Part B premium plus Medicare deductibles and coinsurance,Centers for Medicare & Medicaid Services. (2026). 2026 Medicare Parts A & B Premiums and Deductibles. cms.gov. Retrieved Aug 7, 2026, from https://www.cms.gov/newsroom/fact-sheets/2026-medicare-parts-b-premiums-deductibles and bars her providers from billing her for that cost sharing.U.S. Social Security Administration. (n.d.). Social Security Act Sec. 1902 [42 U.S.C. 1396a] - State Plans for Medical Assistance (subsection (n)(3)). ssa.gov. Retrieved Jul 10, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1902.htm The numbers depend entirely on her actual loss year and benefit; the lesson is that the COLA disregard, not a higher income limit, is what makes her eligible.
Applying for Pickle in Georgia Through DFCS
Federal law requires Georgia to apply the Pickle Amendment, but the determination depends on whether you raise it. Georgia Gateway's automated income calculation does not apply the COLA disregard on its own, so Pickle cases generally need manual review by a DFCS specialist or supervisor.
Apply and ask for Pickle by name
Submit your Medicaid or Medicare Savings Program application through Georgia Gateway (gateway.ga.gov), the DFCS customer service line (1-877-423-4746), or a county DFCS office. In the application, state that you are a former SSI recipient and specifically request Pickle Amendment treatment.dhs.georgia.gov. (n.d.). Georgia Department of Human Services - Contact (Customer Contact Center / Office of Family Independence). Retrieved Jul 30, 2026, from https://dhs.georgia.gov/contact
Document your SSI history
Attach what you can: your current Social Security award letter, any SSI termination notice, and a benefit history from the Social Security Administration (request it at 1-800-772-1213). The termination notice is the strongest evidence, but Social Security records can establish the SSI history when the notice is long gone.usa.gov. (n.d.). SSDI and SSI benefits for people with disabilities (USAGov). Retrieved Jul 13, 2026, from https://www.usa.gov/social-security-disability
Provide a Pickle calculation
Include a worksheet showing your anchor month, the cumulative COLA factor, and your resulting Pickle income against the relevant limit. If you cannot build it yourself, ask DFCS to calculate it or bring in an advocate.
Follow up and escalate
Confirm the application was received and that Pickle was raised. If an eligibility worker processes it under standard income rules and denies it, request a supervisor review, and request a fair hearing as well. The deadline for that request is printed on the denial notice itself, so read the notice the day it arrives. Georgia agencies transmit Medicaid hearing requests to the Office of State Administrative Hearings (OSAH), which can be reached at 1-877-809-0007.osah.ga.gov. (n.d.). Georgia Office of State Administrative Hearings - Home (main office contact). Retrieved Aug 1, 2026, from https://osah.ga.gov/ Put your Pickle worksheet and the federal authority, 42 CFR 435.135, in the record.U.S. Government Publishing Office. (1977). 42 CFR 435.135 — Individuals who become ineligible for cash assistance as a result of OASDI cost-of-living increases received after April 1977 (eCFR, current/rolling edition). ecfr.gov. Retrieved Aug 3, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-B/section-435.135
Pickle Compared With Two Look-Alike Protections
Three different rules protect former SSI recipients, and they are routinely confused. Only the Pickle Amendment turns on the COLA disregard.
| Protection | Who it covers | Trigger |
|---|---|---|
| Pickle Amendment (42 CFR 435.135) | Former SSI recipients now on Social Security | Would still pass SSI test with post-loss COLAs removed |
| Disabled Adult Child (Section 1634(c)) | Adults disabled before 22 who lost SSI on a parent's record | Loss of SSI due to a Social Security child's-benefit on a parent's earnings |
| Section 1619(b) | Working SSI recipients | Loss of SSI cash due to earnings, not COLA |
If your SSI ended because you began receiving a disabled-adult-child benefit on a parent's record, the Section 1634(c) protection (not Pickle) is yours; if it ended because of earnings from work, Section 1619(b) may apply instead.U.S. Government Publishing Office. (1977). 42 CFR 435.135 — Individuals who become ineligible for cash assistance as a result of OASDI cost-of-living increases received after April 1977 (eCFR, current/rolling edition). ecfr.gov. Retrieved Aug 3, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-B/section-435.135
Pickle, Assets, and Estate Recovery
Two points cause repeated confusion. First, the asset test never goes away. Pickle restores income eligibility only, so a former SSI recipient with countable resources above the QMB limit of $9,950 (single, 2026) still does not qualify.U.S. Social Security Administration. (2026). SSA - POMS: HI 00815.023 - Medicare Savings Programs Income and Resource Limits - 02/26/2026. secure.ssa.gov. Retrieved Jun 22, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0600815023
Second, estate recovery treats Medicare Savings Program coverage differently from full long-term-care Medicaid. Federal law (42 USC 1396p(b), enacted by OBRA 1993) requires Georgia to recover from the estates of people 55 or older who received nursing-facility or home and community-based long-term-care services.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. §1396p(b)(1)(B) — Office of the Law Revision Counsel, U.S. Code (prelim edition). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim Medicaid payments for Medicare cost sharing made for QMB, SLMB, and QI enrollees are carved out of recovery by 42 USC 1396p(b)(1)(B)(ii).Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 USC 1396p(b)(1)(B)(ii) - Office of the Law Revision Counsel, U.S. House. uscode.house.gov. Retrieved Jun 23, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim Georgia also waives recovery against the first $25,000 of any estate for deaths on or after July 1, 2018.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. §1396p — Office of the Law Revision Counsel, U.S. Code (prelim edition). uscode.house.gov. Retrieved Jul 22, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim So Pickle-restored QMB or SLMB carries no estate-recovery exposure, while Pickle-restored full Medicaid that funds long-term-care services can.
Frequently Asked Questions
What is the Georgia Pickle Amendment?
It is a federal Medicaid eligibility rule (42 CFR 435.135, from Section 503 of the Tax Reform Act of 1976) that requires Georgia to disregard Social Security cost-of-living adjustments when determining Medicaid eligibility for former SSI recipients. The effect is to restore Medicaid for people whose Social Security benefit grew past Medicaid's limits over the years.U.S. Government Publishing Office. (1977). 42 CFR 435.135 — Individuals who become ineligible for cash assistance as a result of OASDI cost-of-living increases received after April 1977 (eCFR, current/rolling edition). ecfr.gov. Retrieved Aug 3, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-B/section-435.135
Do I have to prove I lost SSI because of a COLA?
No. The test is counterfactual: you qualify if you would still pass the SSI income test today with all Social Security COLAs received since SSI ended subtracted from your current benefit. You do not have to prove the COLA was the original reason your SSI stopped.U.S. Government Publishing Office. (1977). 42 CFR 435.135 — Individuals who become ineligible for cash assistance as a result of OASDI cost-of-living increases received after April 1977 (eCFR, current/rolling edition). ecfr.gov. Retrieved Aug 3, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-B/section-435.135
Does Pickle increase my Social Security check?
No. Pickle is a Medicaid eligibility rule only. Social Security keeps paying your full COLA-adjusted benefit. What Pickle restores is Medicaid coverage and Medicare cost-sharing help, which carries real value but is not cash.
Does Pickle eliminate the asset test?
No. Pickle affects only the income test. The 2026 asset limits still apply: $9,950 single for QMB, SLMB, and QI, and $2,000 single for full Aged, Blind, and Disabled Medicaid.U.S. Social Security Administration. (2026). SSA - POMS: HI 00815.023 - Medicare Savings Programs Income and Resource Limits - 02/26/2026. secure.ssa.gov. Retrieved Jun 22, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0600815023,U.S. Social Security Administration. (2026). SSI Federal Payment Amounts for 2026. ssa.gov. Retrieved Aug 4, 2026, from https://www.ssa.gov/oact/cola/SSI.html
Will DFCS apply Pickle automatically?
No. Georgia Gateway does not apply the COLA disregard on its own. You must request Pickle treatment, document your former SSI receipt, and often ask for supervisor review if the first decision uses standard income rules.
How far back can my SSI loss be?
There is no time limit, as long as the SSI was after April 1977. An older loss generally produces a larger COLA disregard and a more valuable result.U.S. Government Publishing Office. (1977). 42 CFR 435.135 — Individuals who become ineligible for cash assistance as a result of OASDI cost-of-living increases received after April 1977 (eCFR, current/rolling edition). ecfr.gov. Retrieved Aug 3, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-B/section-435.135
Where do I apply, and who can help?
Apply through DFCS at gateway.ga.gov or 1-877-423-4746. For free help, contact GeorgiaCares, Georgia's State Health Insurance Assistance Program, at 1-866-552-4464; for contested cases, Atlanta Legal Aid Senior Citizens Law Project (404-377-0701) or Georgia Legal Services Program (1-800-498-9469).Administration for Community Living. (n.d.). Administration for Community Living — State Health Insurance Assistance Program (SHIP). acl.gov. Retrieved Jul 30, 2026, from https://acl.gov/programs/connecting-people-services/state-health-insurance-assistance-program-ship,dhs.georgia.gov. (n.d.). Georgia Department of Human Services - Contact (Customer Contact Center / Office of Family Independence). Retrieved Jul 30, 2026, from https://dhs.georgia.gov/contact,gabar.org. (n.d.). State Bar of Georgia - Contact Us. Retrieved Aug 1, 2026, from https://www.gabar.org/about-the-bar/contact-us
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The information on Brevy.com is for educational purposes only and is not a substitute for professional legal, financial, or medical advice. Rules vary by state and program and change frequently. Always verify with the relevant agency or a qualified professional. Brevy is not a law firm, financial advisor, or healthcare provider.