Community Spouse Resource Allowance administratively raised. Evidence was stipulated that the combined marital income of the couple did not result in post-eligibility income for the Community Spouse that equaled or exceeded the MMMNA. Therefore, the Community Spouse Monthly Income Allowance (CSMIA), 42 U.S.C. § 1396r-5(d)(1)(B), was inadequate to raise the Community Spouse’s post-eligibility income to the MMMNA. Under 42 U,S,C, § 1396r-5(e)(2)(C), if the CSMIA is inadequate, the CSRA may be administratively raised to generate the income necessary to raise the Community Spouse’s income to the MMMNA. Based on the stipulated evidence, the CSRA was raised and all marital resources were set aside as CSRA.
OSAH-Dekalb-Gatto-12-2008.pdf (December 11, 2008)