Tag: 5.04 Institutional Long-Term Care

DHA Case No. MDV 171354 (Wis. Div. Hearings and Appeals Mar. 28, 2016) (DHS) ↓ Download PDF Payments to relatives for care and services are not considered divestments if the services directly benefited the institutionalized person, compensation was reasonable, and, if the total exceeds 10% of the Community Spouse Asset Share, there is a preexisting […] Read more

DHA Case No. MDV 156359 (Wis. Div. Hearings and Appeals May 9, 2014) (DHS) ↓ Download PDF Payments to relatives for care and services are not considered divestments if the services directly benefited the institutionalized person, compensation was reasonable, and, if the total exceeds 10% of the Community Spouse Asset Share, there is a preexisting […] Read more

DHA Case No. MDV 138130 (Wis. Div. Hearings and Appeals Jun. 27, 2012) (DHS) ↓ Download PDF Transfers for fair market value are not divestments. In this case, the petitioner was a 96-year-old woman living in northern Wisconsin who had named her daughter as her financial agent. After she was admitted to a nursing home, […] Read more

DHA Case No. MRA 223077 (Wis. Div. Hearings and Appeals Jul. 22, 2026) (DHS) ↓ Download PDF An ALJ may increase the community spouse income allocation (CSIA) if the community spouse does not have enough income to pay his or her “necessary and basic maintenance needs.” In this case, the petitioner’s community spouse had expenses […] Read more

DHA Case No. MRA 158565 (Wis. Div. Hearings and Appeals Sep. 22, 2014) (DHS) ↓ Download PDF An ALJ may increase the community spouse resource allowance (CSRA) if needed to generate income up to the minimum monthly maintenance needs allowance (MMMNA). In this case, the petitioner’s community spouse was $1,706.16 short of the MMMNA and […] Read more

DHA Case No. MRA 12/62917 (Wis. Div. Hearings and Appeals Jul. 13, 2004) (DHS) ↓ Download PDF An ALJ may increase the community spouse resource allowance (CSRA) if needed to generate income up to the minimum monthly maintenance needs allowance (MMMNA). In this case, the petitioner and his wife had low income but had sold […] Read more

DHA Case No. MRA 153656 (Wis. Div. Hearings and Appeals Feb. 6, 2014) (DHS) ↓ Download PDF An ALJ may increase the community spouse income allocation (CSIA) if the community spouse does not have enough income to pay his or her “necessary and basic maintenance needs.” In this case, the petitioner’s community spouse had expenses […] Read more

DHA Case No. MRA 139500 (Wis. Div. Hearings and Appeals May 24, 2012) (DHS) ↓ Download PDF An ALJ may increase the community spouse income allocation (CSIA) if the community spouse does not have enough income to pay his or her “necessary and basic maintenance needs.” In this case, the petitioner’s community spouse had expenses […] Read more

DHA Case No. MRA 138721 (Wis. Div. Hearings and Appeals May 15, 2012) (DHS) ↓ Download PDF An ALJ may increase the community spouse income allocation (CSIA) if the community spouse does not have enough income to pay his or her “necessary and basic maintenance needs.” In this case, the petitioner’s community spouse had expenses […] Read more

DHA Case No. MRA 139168 (Wis. Div. Hearings and Appeals Apr. 26, 2012) (DHS) ↓ Download PDF An ALJ may increase the community spouse income allocation (CSIA) if the community spouse does not have enough income to pay his or her “necessary and basic maintenance needs.” In this case, the petitioner’s community spouse had expenses […] Read more

DHA Case No. MRA 139362 (Wis. Div. Hearings and Appeals Apr. 5, 2012) (DHS) ↓ Download PDF An ALJ may increase the community spouse income allocation (CSIA) if the community spouse does not have enough income to pay his or her “necessary and basic maintenance needs.” In this case, the petitioner’s community spouse had expenses […] Read more

DHA Case No. MRA 139105 (Wis. Div. Hearings and Appeals Mar. 31, 2012) (DHS) ↓ Download PDF An ALJ may increase the community spouse income allocation (CSIA) if the community spouse does not have enough income to pay his or her “necessary and basic maintenance needs.” In this case, the community spouse had expenses including […] Read more

DHA Case No. MRA 135653 (Wis. Div. Hearings and Appeals Jan. 17, 2012) (DHS) ↓ Download PDF An ALJ may increase the community spouse income allocation (CSIA) if the community spouse does not have enough income to pay his or her “necessary and basic maintenance needs.” In this case, the community spouse had expenses including […] Read more

DHA Case No. MRA 70/101343 (Wis. Div. Hearings and Appeals Feb. 26, 2009) (DHS) ↓ Download PDF An ALJ may increase the community spouse income allocation (CSIA) if needed to avoid financial duress. In this case, the community spouse was employed and much of his income went to payroll deductions. ALJ Brian Schneider concluded increasing […] Read more

DHA Case No. MGE 221598 (Wis. Div. Hearings and Appeals Mar. 27, 2026) (DHS) ↓ Download PDF Medicaid applicants are required to verify all countable assets. In this case, the petitioner failed to verify a prepaid debit card and whether her home had been sold. Although this failure was apparently due to past financial abuse […] Read more