Medicaid

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 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).

Recent Posts

Are Video Wills Valid?

You might wonder whether you can make a video recording of yourself stating who gets…

2 days ago

2025 Georgia Medicaid Transfer Penalty

2025 Georgia Medicaid Transfer Penalty If an applicant for long-term care Medicaid (e.g., nursing home…

4 days ago

Another Scam, and this one makes my blood boil

Recently, my dad died. While I was driving back from being sworn in as his…

1 month ago

Review of Georgia Cases on Testamentary Capacity

In Georgia, an individual has legal capacity to make a Will "when the testator has…

2 months ago

Georgia Power of Attorney Act

Last updated 2/28/2025 The Georgia Power of Attorney Act was enacted in 2017 (HB 221)…

2 months ago

Due Process Limits State’s Power to Tax Out of State Trust

In North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust, the…

2 months ago