DHA Case No. MDD 208783 (Wis. Div. of Hearings and Appeals August 15, 2023) (DHS) ↓ Download PDF In making a disability determination, the Disability Determination Bureau (DDB) applies a 5-step test. Step 5 considers whether the individual can adjust to types of work the individual has not performed in the past, considering his or […] Read more

DHA Case No. MDD 208892 (Wis. Div. of Hearings and Appeals August 22, 2023) (DHS) ↓ Download PDF In making a disability determination, the Disability Determination Bureau (DDB) applies a 5-step test. Step 5 considers whether the individual can adjust to types of work the individual has not performed in the past, considering his or […] Read more

DHA Case No. MKB 200031 (Wis. Div. of Hearings and Appeals January 14, 2021) (DHS) ↓ Download PDF Mosaic Down Syndrome and non-mosaic Down Syndrome are treated differently under the Social Security disability rules. The latter is listed as a severe impairment and automatically meets the requirements; the former is not. So for mosaic Down […] Read more

DHA Case No. MKB 207607 (Wis. Div. of Hearings and Appeals April 28, 2023) (DHS) ↓ Download PDF To qualify for the Katie Beckett Medicaid program, a child must meet the Social Security standards for childhood disability, which requires “a disabling impairment … that causes marked and severe functional limitations.” In this case, the child […] Read more

DHA Case No. MDD 207161 (Wis. Div. of Hearings and Appeals March 27, 2023) (DHS) ↓ Download PDF A disability determination for the MAPP does not involve the usual “substantial gainful activity” test, but that is only the first step in a 5-step analysis that often comes down to “residual functional capacity” to perform different […] Read more

DHA Case No. MDD 206834 (Wis. Div. of Hearings and Appeals March 28, 2023) (DHS) ↓ Download PDF To be eligible for MAPP, an applicant must meet the SSI definition of disability. In this case, the petitioner was a 64-year-old woman with a high school diploma; diagnoses including Bipolar Disorder, ADHD, PTSD, torn rotator cuff, […] Read more

DHA Case No. MKB 200405 (Wis. Div. of Hearings and Appeals January 6, 2021) (DHS)  ↓ Download PDF The final step in the disability determination process for the Katie Beckett program is determining if the child has “marked limitations” in two of six domains or an “extreme limitation” in one. In this case, the DDB […] Read more

DHA Case No. MKB 200264 (Wis. Div. of Hearings and Appeals January 11, 2021) (DHS)  ↓ Download PDF The final step in the disability determination process for the Katie Beckett program is determining if the child has “marked limitations” in two of six domains or an “extreme limitation” in one. In this case, the DDB […] Read more

DHA Case No. MDD 199954 (Wis. Div. of Hearings and Appeals January 14, 2021) (DHS) ↓ Download PDF If the Social Security Administration makes a finding of no disability for an SSI or SSDI application within 12 months of a state Medicaid application, that finding is generally binding on the state. In this case, the […] Read more

DHA Case No. MDD 200680 (Wis. Div. of Hearings and Appeals February 10, 2021) (DHS) ↓ Download PDF In making a disability determination, the Disability Determination Bureau (DDB) applies a 5-step test. Step 5 considers whether the individual can adjust to types of work the individual has not performed in the past, considering his or […] Read more

DHA Case No. MDD 201432 (Wis. Div. of Hearings and Appeals April 9, 2021) (DHS) ↓ Download PDF To determine if an applicant can engage in substantial gainful activity, the Disability Determination Bureau applies a 5-step test. In the fifth step, the DDB must determine if the person can do any kind of work that […] Read more

DHA Case No. MDD 203616 (Wis. Div. of Hearings and Appeals January 19, 2022) (DHS) ↓ Download PDF Even if a person cannot engage in any substantial gainful activity, he must still pass a 5-step test to be determined disabled. If he can perform work he has done in the past, Step 4 requires a […] Read more

DHA Case No. MGE 160646 (Wis. Div. Hearings and Appeals January 9, 2015) (DHS)  ↓ Download PDF This case involved two main issues: (1) the date the petitioner transferred ownership of a life insurance policy to her Wispact sub-account, and (2) the effect of a pending disability determination on retroactive eligibility. On the first issue, […] Read more