DHA Case No. MLL 211983 (Wis. Div. of Hearings and Appeals March 18, 2024) (DHS) ↓ Download PDF A hardship waiver for estate recovery must be mailed within 45 days of the notice from DHS. In this tragic case, the waiver was due December 25. The petitioner called Estate Recovery on December 18 to ask […] Read more

DHA Case No. MLL 211310 (Wis. Div. of Hearings and Appeals February 19, 2024) (DHS) ↓ Download PDF When an heir applies for a hardship waiver of an estate recovery claim, the heir  must include documents establishing his or her relationship to the decedent. In this case, the heir failed to document her relationship, though […] Read more

DHA Case No. MLL 171792 (Wis. Div. of Hearings and Appeals March 21, 2016) (DHS) ↓ Download PDF Estate Recovery must file a claim or lien against the estate of decedents who received long-term care Medicaid benefits. In this case, the petitioner challenged the Department’s intent to file a lien against his mother’s estate, arguing […] Read more

DHA Case No. MLL 209268 (Wis. Div. of Hearings and Appeals September 29, 2023) (DHS) ↓ Download PDF An applicant for an estate recovery waiver must file his or her application within 45 days of the Department’s notice. In this case, the petitioner filed it a month after the deadline, then appealed when the waiver […] Read more

DHA Case No. MLL 209431 (Wis. Div. of Hearings and Appeals August 28, 2023) (DHS) ↓ Download PDF An applicant for a hardship waiver of estate recovery must file his or her application within 45 days of estate recovery’s claim, after which the applicant has 60 days to submit additional information. And if the applicant […] Read more

DHA Case No. MLL 210337 (Wis. Div. of Hearings and Appeals December 11, 2023) (DHS) ↓ Download PDF One way to get an undue hardship waiver of estate recovery is to show that the decedent’s real property is used as part of the waiver applicant’s business and recovery would take away the applicant’s livelihood. In […] Read more