3.2.6 Liquid assets

MGE 208717 (07/20/2023)
Individual Retirement Annuities of CS exempt

Tags: 3 Financial Eligibility, 3.2 Assets, 3.2.6 Liquid assets, 3.2.6.04 Annuities, 3.2.6.17 Retirement benefits, 3.4 Spousal impoverishment, 3.4.1 Exempt assets, 3.4.1.4 Retirement assets of community spouse, 5 Subprograms, 5.04 Institutional Long-Term Care, ALJ Jason M. Grace

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

CWA 198273 (08/03/2020)
Medicaid-compliant annuity income not available to petitioner

Tags: 3 Financial Eligibility, 3.1 Income, 3.1.5 Unearned income, 3.2 Assets, 3.2.6 Liquid assets, 3.2.6.04 Annuities, ALJ John P. Tedesco

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

MGE 200475 (02/08/2021)
Miscalculated MCA delayed eligibility

Tags: 1 Applications and Renewals, 1.1 Applications, 1.1.5 Begin dates, 3 Financial Eligibility, 3.1 Income, 3.1.5 Unearned income, 3.2 Assets, 3.2.6 Liquid assets, 3.2.6.04 Annuities, 3.3 Divestment, 3.3.01 Penalty period, 3.3.17 Irrevocable annuities, 5 Subprograms, 5.04 Institutional Long-Term Care, ALJ Peter McCombs

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

MGE 202884 (11/02/2021)
Can’t pick & choose vehicle exemptions

Tags: 3 Financial Eligibility, 3.2 Assets, 3.2.6 Liquid assets, 3.2.6.09 Vehicles, 3.4 Spousal impoverishment, 3.4.1 Exempt assets, 3.4.1.2 Vehicle, 3.4.2 Asset assessment; community spouse asset share, 5 Subprograms, 5.05 Home and Community-Based Waivers Long-Term Care, 5.05.1 Family Care, ALJ Jason M. Grace

DHA Case No. MGE 202884 (Wis. Div. of Hearings and Appeals November 2, 2021) (DHS) ↓ Download PDF In a spousal impoverishment case, the most valuable vehicle is exempted and all others are counted. In this case, the petitioner’s attorney argued (among other things) that he could elect to exempt the least valuable vehicle for the asset […] Read more

BCS 204450 (03/29/2022)
Income deposited in ABLE account still counts

Tags: 3 Financial Eligibility, 3.1 Income, 3.2 Assets, 3.2.6 Liquid assets, 3.2.6.20 ABLE accounts, 5 Subprograms, 5.15 BadgerCare Plus, ALJ Beth Whitaker

DHA Case No. BCS 204450 (Wis. Div. of Hearings and Appeals March 29, 2022) (DHS) ↓ Download PDF In general, all taxable gross income is counted when determining eligibility for BadgerCare Plus, including Social Security income. In this case, the petitioner deposited his Social Security into an ABLE account. ALJ Beth Whitaker found that the […] Read more

MRA 178406 (01/13/2017)
Revocable annuity in CS’s IRA is exempt (again)

Tags: 3 Financial Eligibility, 3.2 Assets, 3.2.6 Liquid assets, 3.2.6.04 Annuities, 3.2.6.17 Retirement benefits, 3.4 Spousal impoverishment, 3.4.1 Exempt assets, 3.4.1.4 Retirement assets of community spouse, 5 Subprograms, 5.04 Institutional Long-Term Care, ALJ Brian C. Schneider

DHA Case No. MRA 178406 (Wis. Div. of Hearings and Appeals January 13, 2017) (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 an Individual Retirement Annuity, funded by […] Read more

MRA 135337 (02/10/2012)
Revocable annuities in a community spouse’s IRA are exempt

Tags: 3 Financial Eligibility, 3.2 Assets, 3.2.6 Liquid assets, 3.2.6.04 Annuities, 3.2.6.17 Retirement benefits, 3.4 Spousal impoverishment, 3.4.1 Exempt assets, 3.4.1.4 Retirement assets of community spouse, 5 Subprograms, 5.04 Institutional Long-Term Care, ALJ Nancy J. Gagnon

DHA Case No. MRA 135337 (Wis. Div. of Hearings and Appeals Feb. 10, 2012) (DHS) ↓ Download PDF The Medicaid Eligibility Handbook contains two apparently conflicting rules. On the one hand, revocable annuities are counted as available assets. On the other hand, the retirement accounts of a community spouse are exempt. In this case, the […] Read more

MRA 167179 (12/11/2015)
The name on the check rule

Tags: 3 Financial Eligibility, 3.1 Income, 3.1.5 Unearned income, 3.2 Assets, 3.2.6 Liquid assets, 3.2.6.04 Annuities, 3.4 Spousal impoverishment, 3.4.4 Non-trust income, 5 Subprograms, 5.04 Institutional Long-Term Care, ALJ David D. Fleming

DHA Case No. MRA 167179 (Wis. Div. Hearings and Appeals Dec. 11, 2015) (DHS) ↓ Download PDF This decision contains the classic “name on the check” rule. If income is paid only to the name of the community spouse, it is not countable as income to the institutionalized spouse—even if the income is from an […] Read more

Tag: 3.2.6 Liquid assets