Direct Transfer to disabled child allowed from date ALS was diagnosed. Petitioner made transfers directly to a disabled child with ALS. However some transfers were made prior to the determination of disability and others were made after the disability determination. DFCS attempted to penalize all transfers since they were directly to the disabled child rather than to a trust for his sole benefit. The ALJ affirmed in part and reversed in part finding that transfers made after the disability determination cannot be subject to the penalty. However, transfers made prior to the disability determination were subject to the transfer penalty.

• Initially, the ALJ’s decision was affirmed on Appeal to the Commissioner.  That decision was reversed after Reconsideration because Petitioner’s child was deemed to be disabled from the date he was diagnosed with ALS. See POMS DI 23535.000; DI 24580.020, which was prior to the transfers

OSAH-Whitfield-Miller 2009 June 29, 2009).