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. MRA 159882 (Wis. Div. Hearings and Appeals Oct. 27, 2014) (DHS) ↓ Download PDF An asset is not available if the owner documents that it will not be available for 30 days or more and a process has been started to gain access. In this case, the petitioner owned a tax-sheltered annuity […] Read more

DHA Case No. MAP 219997 (Wis. Div. Hearings and Appeals Oct. 31, 2025) (DHS) ↓ Download PDF An employer-sponsored retirement plan is not counted as an available asset if the individual is still working and would have to quit their job to obtain funds. In this case, the petitioner had a 401(k) with a balance […] Read more

DHA Case No. FCP 218679 (Wis. Div. Hearings and Appeals Sep. 2, 2025) (DHS) ↓ Download PDF As stated in the recent DMS Ops Memo 25-07, the state must maintain Medicaid coverage while completing regularly scheduled renewals as long as the renewal is received before the end of the month the renewal is due. In […] Read more

DHA Case No. MGE 218599 (Wis. Div. Hearings and Appeals Aug. 15, 2025) (DHS) ↓ Download PDF An individual is financially eligible for EBD Medicaid if the total value of all countable and available resources does not exceed $2,000 at the end of the month in question. Income received that month and checks delivered but […] Read more

DHA Case No. MGE 217517 (Wis. Div. Hearings and Appeals Jun. 12, 2025) (DHS) ↓ Download PDF An asset is unavailable if the member lacks the ability to provide legal access to the assets. In this case, the petitioner’s bank refused to give access to his guardian until the guardian was appointed representative payee by […] Read more

DHA Case No. MGE 215065 (Wis. Div. Hearings and Appeals Nov. 1, 2024) (DHS) ↓ Download PDF For a single person, up to $1,500 can be exempted as a “burial fund” to the extent other exempt burial assets (burial trusts, life-insurance funded burial contracts, exempt life insurance policies, and burial insurance) do not exceed that […] Read more

DHA Case No. MDV 68/86274 (Wis. Div. Hearings and Appeals Apr. 3, 1995) (DHS) ↓ Download PDF It is generally a divestment to transfer an asset while receiving less than its fair market value in cash, services, or other forms of payment. In this case, the petitioner and her husband sold their homestead real estate […] 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 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. 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. MAP 212141 (Wis. Div. of Hearings and Appeals March 27, 2024) (DHS) ↓ Download PDF An asset is considered unavailable if the owner documents that it will not be available for 30 days or more and a process has been started to obtain the assets. In this case, the petitioner could access […] Read more