DHA Case No. MDV 153086 (Wis. Div. Hearings and Appeals Jan. 17, 2014) (DHS) ↓ Download PDF Generally, selling real estate for less than its fair market value is a divestment. In this case the petitioner sold her property (in which she had a life estate) for $55,000 after it was appraised at $74,000. The […] Read more

DHA Case No. MDV 37/61571 (Wis. Div. Hearings and Appeals Apr. 7, 2004) (DHS) ↓ Download PDF Fair market value is an estimate of the amount an asset will sell for in an arms-length transaction on the open market. In this case, the petitioner sold three residential properties to his sons for their appraised value, […] Read more

DHA Case No. MDV 45/55210 (Wis. Div. Hearings and Appeals, 2003) (DHS) ↓ Download PDF It is generally a divestment for a community spouse to transfer assets for less than fair market value to anyone other than the institutionalized spouse. In this case, the community spouse’s interest in marital property was transferred by his revocable […] Read more

DHA Case No. MDV 13/106538 (Wis. Div. Hearings and Appeals Jan. 4, 2010) (DHS) ↓ Download PDF A transfer to an irrevocable trust is generally a divestment if the trust cannot make payments back to (or for the benefit of) the grantor under any circumstances, but a divestment can be cured if the full value […] Read more

DHA Case No. MGE 157892 (Wis. Div. of Hearings and Appeals July 30, 2014) (DHS) ↓ Download PDF County agencies may not over-verify; they may only require the verification needed to determine eligibility. In this case, the agency requested verification of an old family trust that had been depleted and the value of a Wispact […] Read more

DHA Case No. MED 70/82111 (Wis. Div. of Hearings and Appeals February 28, 2007) (DHS) ↓ Download PDF The asset limit for Institutional MA is $2,000. In this case, the petitioner misidentified a savings account as life insurance on her application. The county worker, who was “simply scanning the application” at the time, advised the […] Read more

DHA Case No. MDV 211510 (Wis. Div. of Hearings and Appeals April 5, 2024) (DHS) ↓ Download PDF DHA Case No. MGE 211214 (Wis. Div. of Hearings and Appeals April 5, 2024) (DHS) ↓ Download PDF Generally, the transfer of a life estate without receiving fair market value in return is a divestment. In this […] Read more

DHA Case No. MGE 198675 (Wis. Div. of Hearings and Appeals August 5, 2020) (DHS) ↓ Download PDF An asset is unavailable if a member lacks the ability to provide legal access, no one else can access the asset, and a process has been started to get legal access. In this case, the petitioner was […] Read more

DHA Case No. MGE 213476 (Wis. Div. of Hearings and Appeals July 8, 2024) (DHS) ↓ Download PDF The county agency must give individuals adequate written notice of verification requests. In this case, the requests “became numerous and internally inconsistent,” confusing the petitioner. ALJ Kenneth Duren concluded the agency failed to follow proper verification procedures […] Read more

DHA Case No. MDV 213193 (Wis. Div. of Hearings and Appeals June 17, 2024) (DHS) ↓ Download PDF The surrender value of life insurance is generally available if the owner has the right to surrender it and the proceeds will be made available in less than 30 days. In this case, the petitioner divested and […] Read more

DHA Case No. MGE 211474 (Wis. Div. of Hearings and Appeals May 20, 2024) (DHS) ↓ Download PDF IRIS Consultant Agencies (ICAs) must now help participants maintain MA eligibility, including monitoring and reporting any medical or remedial expenses. In this case, the petitioner had more than $2,000 in privately paid personal care expenses that were […] Read more

DHA Case No. MGE 212097 (Wis. Div. of Hearings and Appeals May 6, 2024) (DHS) ↓ Download PDF When there is a change in anticipated self-employment earnings, the MEH generally requires the agency to average the most recent months of earnings that reflect the changed circumstances. In this case, the petitioner had royalty income from […] Read more

DHA Case No. MGE 212254 (Wis. Div. of Hearings and Appeals April 29, 2024) (DHS) ↓ Download PDF The cash value of annuities that can be surrendered is a countable asset. In this case, the petitioner’s annuity had a cash value of about $24,000 but was scheduled to annuitize in less than a year, at […] Read more

DHA Case No. MAP 211814 (Wis. Div. of Hearings and Appeals April 8, 2024) (DHS) ↓ Download PDF A trust is not an available asset if it was funded by a third party and the Medicaid applicant or member cannot, by the terms of the trust, require the trustee to make distributions. In this case, […] Read more