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 216988 (Wis. Div. Hearings and Appeals Jul. 14, 2025) (DHS) ↓ Download PDF The transfer of resources for less than fair market value is a divestment resulting in a penalty period. The penalty (for Institutional MA) begins the first date the applicant applied and would have been otherwise eligible. In this […] 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 215302 (Wis. Div. Hearings and Appeals Jun. 2, 2025) (DHS) ↓ Download PDF The agency is required to verify income, assets, and divestments, both at application and at renewals. The applicant or member has the primary responsibility to provide verification and resolve questionable information. In this case, the petitioner’s authorized representatives […] Read more

DHA Case No. MGE 216305 (Wis. Div. Hearings and Appeals Mar. 24, 2025) (DHS) ↓ Download PDF Income received in a month is not counted as an asset unless and until it is retained into the following month. In this case, the petitioner applied in September and requested backdating to June and July. She submitted […] Read more

DHA Case No. MGE 216363 (Wis. Div. Hearings and Appeals Feb. 28, 2025) (DHS) ↓ Download PDF A Medicaid applicant must be below the asset limit on the last day of the month to be eligible that month. In this case, the petitioner’s application was denied due to the cash value of a life insurance […] Read more

DHA Case No. MGE 215913 (Wis. Div. Hearings and Appeals Feb. 14, 2025) (DHS) ↓ Download PDF In Wisconsin, an irrevocable burial trust is exempt only up to $4,500. In this case, the petitioner had $11,663.82 in irrevocable burial trusts. ALJ Nicole Bjork concluded only $4,500 and the cost of a casket ($1,910) could be […] 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. MDV 55/83139 (Wis. Div. Hearings and Appeals May 9, 2007) (DHS) ↓ Download PDF To count as exempt homestead property, the Medicaid applicant must currently live on the property (or have lived there before admission to a facility and intend to return). In this case, the petitioner received $219,000 from a lawsuit […] Read more

DHA Case No. MAP 214590 (Wis. Div. Hearings and Appeals Jan. 15, 2025) (DHS) ↓ Download PDF The Wisconsin Administrative Code exempts non-homestead property if it produces a reasonable amount of income, but the Medicaid Eligibility Handbook limits this exemption to $6,000. In this case, the petitioner owned a single rental home that produced at […] Read more

DHA Case No. MGE 212301 (Wis. Div. Hearings and Appeals Sep. 16, 2024) (DHS) ↓ Download PDF The agency can deny Medicaid when the applicant or recipient is able to produce required verifications but refuses or fails to do so. In this case, the petitioner failed to verify, at his renewal, one of his vehicles, […] Read more

DHA Case No. FCP 215902 (Wis. Div. Hearings and Appeals Feb. 19, 2025) (DHS) ↓ Download PDF An irrevocable burial trust (as opposed to a life insurance-funded burial contract) is exempt up to $4,500; any amount over that is countable. In this case, the petitioner was disenrolled from Family Care due to his $8,800 irrevocable […] 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