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. FCP 213209 (Wis. Div. of Hearings and Appeals June 27, 2024) (DHS) ↓ Download PDF A Family Care member can be involuntarily disenrolled if they lose or are determined ineligible for MA. In this case, the petitioner was disenrolled when the agency failed to test her for Community Waivers eligibility while processing […] Read more

DHA Case No. WFC 213597 (Wis. Div. of Hearings and Appeals June 25, 2024) (DHS) ↓ Download PDF The Wisconsin Funeral and Cemetery Aids Program (WFCAP) pays a portion of the cemetery expenses and funeral and burial expenses of indigent recipients of AFDC, W-2 benefits, SSI, or Medicaid under certain circumstances. In this case, the […] Read more

DHA Case No. CWA 212695 (Wis. Div. of Hearings and Appeals June 24, 2024) (DHS) ↓ Download PDF Continuing enrollment in IRIS requires payment of the cost share. In this case, the petitioner had $1,102.50 of unpaid cost share that she argued was discharged in a bankruptcy court order. ALJ Teresa Perez concluded she lacked […] Read more

DHA Case No. BCS 213015 (Wis. Div. of Hearings and Appeals June 24, 2024) (DHS) ↓ Download PDF During the Covid public health emergency unwinding, members who had an increase in earned income could qualify for a 12-month extension starting the month after their renewal. In this case, the petitioner qualified for an extension but […] Read more

DHA Case No. MGE 213356 (Wis. Div. of Hearings and Appeals June 20, 2024) (DHS) ↓ Download PDF In this very brief—but slightly horrifying—case, Milwaukee Enrollment Services notified the petitioner that she was no longer eligible for Community Waivers because “you have asked us to stop giving you this benefit.” This was an undisputed error. […] Read more

DHA Case No. CWA 212780 (Wis. Div. of Hearings and Appeals June 10, 2024) (DHS) ↓ Download PDF When the Department reduces benefits, it has the burden of proof and must at least present a prima facie case for its decision. In this case, the agency reduced services it had previously deemed necessary and appropriate […] Read more

DHA Case No. CWA 212769 (Wis. Div. of Hearings and Appeals June 10, 2024) (DHS) ↓ Download PDF Continuing functional eligibility for the IRIS program is determined by a yearly functional screen. In this case, the petitioner’s yearly screen found that she no longer needed a helper present while bathing, resulting in a loss of […] Read more

DHA Case No. CWA 212112 (Wis. Div. of Hearings and Appeals June 7, 2024) (DHS) ↓ Download PDF IRIS may pay for a vehicle modification as a one-time expense (OTE) request, but it must be cost-effective and all other options for funding must be exhausted first. In this case, the 20-year-old petitioner requested a $102,000 […] Read more

DHA Case No. CWA 212568 (Wis. Div. of Hearings and Appeals June 6, 2024) (DHS) ↓ Download PDF Family Care enrollment can be backdated if agency error by the ADRC or IM causes unreasonable delay. In this case, the petitioner was determined functionally and financially eligible as of December 14, but Income Maintenance simply failed […] 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. BCS 212166 (Wis. Div. of Hearings and Appeals May 10, 2024) (DHS) ↓ Download PDF The county agency must give individuals adequate written notice of verification requests. In this case, the agency sought to verify whether the petitioner was residing with her estranged spouse. The notice, however, only requested verification of “people […] Read more