DHA Case No. MED 30/107080 (Wis. Div. Hearings and Appeals Dec. 15, 2009) (DHS) ↓ Download PDF In general, an asset is considered available if there is some way to convert it to cash that could used for support and maintenance, including selling it on a secondary market. In this case, JG Wentworth placed valuations […] Read more

DHA Case No. MED 13/94132 (Wis. Div. Hearings and Appeals Dec. 8, 2008) (DHS) ↓ Download PDF In general, an asset is considered available if there is some way to convert it to cash that could used for support and maintenance, including selling it on a secondary market. In this case, the petitioner owned an […] Read more

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. 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. MRA 183762 (Wis. Div. Hearings and Appeals Mar. 9, 2018) (DHS) ↓ Download PDF Wisconsin law generally provides that non-trust income is treated as the income of the “person in whose name the payment is made.” In this case, the petitioner purchased an irrevocable qualified annuity; the petitioner was the owner and […] Read more

DHA Case No. MDV 215927 (Wis. Div. Hearings and Appeals Feb. 3, 2025) (DHS) ↓ Download PDF If an irrevocable annuity can be sold on the secondary market, it is a countable, available asset. In this case, the petitioner owned an irrevocable annuity but could still transfer ownership and change the beneficiary and had received […] Read more

DHA Case No. MGE 212254 (Wis. Div. of Hearings and Appeals April 29, 2024) (DHS) ↓ Download PDF The cash value of annuities that can be surrendered is a countable asset. In this case, the petitioner’s annuity had a cash value of about $24,000 but was scheduled to annuitize in less than a year, at […] Read more

DHA Case No. MGE 194293 (Wis. Div. of Hearings and Appeals January 6, 2020) (DHS) ↓ Download PDF The amount a community spouse can keep depends on the couple’s total resources on the date of the asset assessment, which is often the date a functional screen was completed and the person was determined functionally eligible. […] Read more

DHA Case No. MGE 197888 (Wis. Div. of Hearings and Appeals March 20, 2020) (DHS) ↓ Download PDF In general, applicants are responsible for verification—but agencies cannot deny eligibility when the applicant has no ability to get the required verification. In this case, the petitioner listed an old timeshare on the Medicaid application but lacked […] Read more

DHA Case No. MGE 208717 (Wis. Div. of Hearings and Appeals July 20, 2023) (DHS) ↓ Download PDF The Medicaid Eligibility Handbook contains two competing rules: revocable annuities are countable and available assets, but IRAs belonging to a community spouse are disregarded. In this case, the community spouse owned two Individual Retirement Annuities. The agency argued these […] Read more

DHA Case No. CWA 198273 (Wis. Div. of Hearings and Appeals August 3, 2020) (DHS) ↓ Download PDF This brief decision is a straightforward application of the name-on-the-check rule. A Medicaid-compliant annuity that pays only to the community spouse is not income available to the insititutionalized spouse. Preliminary Recitals Pursuant to a petition filed on […] Read more

DHA Case No. MGE 200475 (Wis. Div. of Hearings and Appeals February 8, 2021) (DHS) ↓ Download PDF Eligibility for MA begins the first of the month in which the applicant meets all program requirements. In this case, the petitioner planned for a divestment penalty with a Medicaid-compliant annuity, but the final annuity payment occurred […] Read more