Elder Law

Medicaid: Personal Services Contract Rejected

Personal Services Contract rejected. Petitioner was admitted to a nursing home in October 2008, where she continued to stay. At…

3 years ago

Medicaid: VA Improved Pension is not income

VA Improved Pension Not Income. Petitioner applied for Medicaid on November 4, 2008. Petitioner was the surviving spouse of a…

3 years ago

Medicaid: Transfer to Disabled Child Approved Upon ALS Diagnosis

Direct Transfer to disabled child allowed from date ALS was diagnosed. Petitioner made transfers directly to a disabled child with…

3 years ago

Medicaid: Court Adjusted CSRA

Increase CSRA in Superior Court, followed by Application and Fair Hearing. After admission to a nursing home, but prior to…

3 years ago

Medicaid: No Transfer Penalty Where Transfer Was Exclusively for Purpose Other Than to Qualify for Medicaid

Transfer penalty cannot be imposed where transfer was exclusively for purpose other than to qualify for Medicaid. Petitioner was admitted…

3 years ago

Medicaid: Denial Affirmed Because Applicant was Over-Resourced

The Limit is the Limit, Part 3. Petitioner was originally admitted to Ridgewood Manor, a nursing home in Dalton, and…

3 years ago

Medicaid: Use of Burial Funds is Income

Use of Burial Funds for Care Results in them Being Treated as Income. In a one page decision, the ALJ…

3 years ago

Medicaid: Transfer Penalty Affirmed

Penalty Affirmed After Life Estate Conveyed; Hardship Waiver Unavailable Because No Legal Action was Taken to Recover Property. Petitioner, a…

3 years ago

Medicaid: Transfer Penalty Reversed Where Services Provided Under Agreement

Transfer Penalty Reversed Where Care Services Were Provided Under Agreement. Petitioner was discharged from a nursing home to home in…

3 years ago

Medicaid: Can’t Designate Cash Value of Life Insurance for Burial

Cash Value of Life Insurance Cannot Be Designated as Burial Fund. Denial of eligibility was affirmed where Petitioner had a…

3 years ago