DHA Case No. MDV 23/82892 (Wis. Div. Hearings and Appeals Apr. 30, 2007) (DHS) ↓ Download PDF In general, an asset is considered available if it can be used for support and maintenance. At the time of this case, DHS had also enacted a policy considering an irrevocable annuity as available unless the applicant could […] Read more

DHA Case No. MDV 66/71635 (Wis. Div. Hearings and Appeals Dec. 5, 2005) (DHS) ↓ Download PDF At the time of this case, an applicant could show that an irrevocable annuity was unavailable by getting three rejection letters from companies active in the market. An unavailable annuity would then be evaluated for divestment. In this […] Read more

DHA Case No. MED 40/65357 (Wis. Div. Hearings and Appeals May 13, 2005) (DHS) ↓ Download PDF In general, an asset is considered available if it can be used for support and maintenance. At the time of this case, DHS had also enacted a policy considering an irrevocable annuity as available unless the applicant could […] Read more

DHA Case No. — (Wis. Div. Hearings and Appeals Sep. 3, 2026) (DHS) ↓ Download PDF Every IRIS participant enrolled in the Self-Directed Personal Care (SDPC) program must have a care plan detailing the services needed (the Physician Order & Plan of Care, or PPOC). In this case, the petitioner was disenrolled January 1, appealed, […] Read more

DHA Case No. MDV 13/50679 (Wis. Div. Hearings and Appeals Dec. 20, 2001) (DHS) ↓ Download PDF A divestment is a transfer of resources for less than fair market value. In this case, the petitioner’s wife transferred her property worth $67,000 to her sons in exchange for a private annuity. The annuity had a principal […] Read more

DHA Case No. MDV 30/35213 (Wis. Div. Hearings and Appeals Dec. 17, 1998) (DHS) ↓ Download PDF To avoid being considered a divestment, an irrevocable annuity must include substantially equal monthly payments and no balloon payments. In this case, the petitioner transferred $103,255 to his two sons in return for a “private annuity” where his […] Read more

DHA Case No. MDV 191431 (Wis. Div. Hearings and Appeals Feb. 12, 2019) (DHS) ↓ Download PDF The cash value of life insurance is not counted if the total face value of all policies does not exceed $1,500. In this case, the petitioner owned two life insurance policies: one with a face value of $1,000 […] Read more

DHA Case No. MGE 180617 (Wis. Div. Hearings and Appeals Jun. 12, 2017) (DHS) ↓ Download PDF The cash surrender value of life insurance policies must generally be counted as a resource. In this case, the petitioner had a policy labeled “Funeral Plan” with a cash surrender value of $3,390.75. ALJ Mayumi Ishii concluded the […] Read more

DHA Case No. FCP 159228 (Wis. Div. Hearings and Appeals Mar. 12, 2015) (DHS) ↓ Download PDF The cash value of life insurance is not counted if the total face value of all policies does not exceed $1,500. In this case, the petitioner owned a policy with an initial face value of $1,000 and dividend […] Read more

DHA Case No. MDV 187317 (Wis. Div. Hearings and Appeals Jul. 2, 2018) (DHS) ↓ Download PDF Aperson who terminates her life interest in a property without receiving the value of the life estate has divested. In this case, the petitioner reserved her life estate before the look-back period but also signed a deferred loan […] Read more

DHA Case No. MDV 139111 (Wis. Div. Hearings and Appeals May 4, 2012) (DHS) ↓ Download PDF A person who terminates her life interest in a property without receiving the value of the life estate has divested. In this case, the petitioner had executed an agreement that allowed her children to terminate her life estate […] Read more

DHA Case No. MDV 135429 (Wis. Div. Hearings and Appeals Nov. 9, 2011) (DHS) ↓ Download PDF It is generally a divestment if a life estate holder is not paid fair market value when the property is sold. In this case, the petitioner and her family sold her property through a real estate lawyer, who […] Read more

DHA Case No. MDV 47/87892 (Wis. Div. Hearings and Appeals Jan. 7, 2008) (DHS) ↓ Download PDF The transfer of a life estate without receiving fair market value in return is a divestment. In this case, the petitioner had transferred her property to her son but retained a right to occupy her property that terminated […] Read more

DHA Case No. MDV 38/87937 (Wis. Div. of Hearings and Appeals Mar. 26, 2008) (DHS)  ↓ Download PDF The holder of a life estate must generally make reasonable and necessary repairs, and payments for those repairs are not divestments. In this case, the petitioner owned a life estate and paid for insulation, window repairs, light […] Read more