Where application was lost, eligibility retroactive eligibility related back three months from date of original application. After receiving a personal injury settlement in May 2007, Petitioner was ineligible for Medicaid until she spent down. She spent down before July 1, 2007, reapplying for Medicaid by hand delivery on October 30, 2007. Petitioner did not receive a date stamped copy of the application. When the application was still pending, the same application was re-filed in December. DFCS had no record of the original application, so retroactive eligibility was granted for November, October and September, with denials for July and August. At the hearing, the court found Petitioner’s testimony that she filed the application in October credible and reversed the decision, granting eligibility for July and August.

OSAH-Haralson-Barnes-5-2008.pdf (May 13, 2008).