Elder Law

Medicaid: Corpus of Irrevocable Trust Countable

Corpus of Irrevocable Trust was Countable Resource. Two trusts Petitioner created in 2000 held a cumulative balance of approximately $64,000.…

3 years ago

Medicaid: Cost-share deduction for health insurance premium

Cost-share deduction for health insurance premiums. The ALJ stated the issue as whether a nursing home resident is entitled to…

3 years ago

Medicaid: The Limit is the Limit

The Limit is the Limit. An 84 year old applicant was denied Medicaid for the months of December 2007 through…

3 years ago

Medicaid: Lost application; eligibility retroactiev to three months from original appliction

Where application was lost, eligibility retroactive eligibility related back three months from date of original application. After receiving a personal…

3 years ago

Medicaid: DFCS directed to determine eligibility where application pending over one year

DFCS directed to determine eligibility where application was pending for over one year. Petitioner filed an application for Medicaid on…

3 years ago

Medicaid: Sole Benefit Trust rejected and transfer penalty imposed

Sole Benefit Trust rejected and transfer penalty imposed. An 86 year old applicant established an irrevocable trust for the benefit…

3 years ago

Medicaid: Transfer Penalty Reversed Where Cured

Transfer Penalty Reversed Where Home Was Returned. Three months prior to a nursing home admission, a 98 year old Petitioner…

3 years ago

Medicaid: Court Reaches Wrong Conclusion Regarding Community Spouse

Incorrect Decision Reached Regarding Status of Community Spouse. A nursing home resident’s spouse was denied a Community Spouse Monthly Income…

3 years ago

Medicaid: Federal Law Trumps State Law When They Conflict

Georgia’s Medicaid Manual cannot be enforced when it conflicts with federal law. Applicant resided in an assisted living facility until…

3 years ago

Medicaid: Ignorance of QIT Requirement No Excuse

Ignorance of QIT Requirement Does Not Excuse Failure to Comply. Nursing home resident’s son assisted with her October 25, 2007…

3 years ago