Medicaid

Medicaid: Court Adjusted CSRA

Increase CSRA in Superior Court, followed by Application and Fair Hearing. After admission to a nursing home, but prior to application for Medicaid, the Superior Court in Glascock County issued an order setting aside all of Petitioner’s marital resources for the Community Spouse’s benefit for the purpose of generating sufficient income to reach the MMMNA. The Order was issued  October 18, 2007, nunc pro tunc to July 2007 (three months prior to the Medicaid application). The resources set aside were approximately 4290,000 at a time when the default CSRA was $103,640. DFSC nonetheless denied eligibility alleging Petitioner was over resourced. The ALJ found that 42 U.S.C. § 1396r-5(d)(5) requires adjustment of the default resource allowance where an order for support has been entered. “In the current case, Petitioner made no application for benefits until after obtaining a Court order establishing a community spouse resource allowance that results in a PRA higher than that otherwise allowed for Petitioner in a manner consistent with the provisions of 42 U.S.C. § 1396r-5(f)(2)(A)(iv) and (f)(2) and (3). Whether the Superior Court order correctly determined the community spouse allocation is beyond the scope of this hearing.”

OSAH-Unknown-Teate-2008 (February 5, 2008).

Recent Posts

2025 Spousal Impoverishment Standards

On November 15, 2024, the Centers for Medicare and Medicaid Services posted the 2025 spousal…

3 days ago

Social Security Disability versus Veteran’s Disability

The word disability doesn't have the same meaning in all contexts. If you have a…

2 weeks ago

Social Security Announces 2.5 Percent Benefit Increase for 2025

On October 10, 2024, the Social Security Administration announced that Americans will increase a 2.5…

1 month ago

Getting Organized

Many people think that estate planning is just having documents prepared. They have a lawyer…

1 month ago

Beneficiary who accepted inheritance under Will could not bring action for tortious interference

In Chambers v. Edwards, 365 Ga. App. 482 (2022), William Chambers sued his sister, Kathy…

2 months ago

Medicaid’s payment of medical bills does not bar recovery from negligent party

When an injured party sues someone who negligently injured him or her, one form of…

2 months ago