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. 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. MGE 220279 (Wis. Div. Hearings and Appeals Jan. 28, 2026) (DHS) ↓ Download PDF To be eligible for Wisconsin Medicaid, a person must be a Wisconsin resident. In this case, the petitioner initially resided in an nursing home in Wisconsin and attempted to exempt more than $1,500 in burial funds. When the […] Read more

DHA Case No. MRA 10/59183 (Wis. Div. Hearings and Appeals Sep. 23, 2003) (DHS) ↓ Download PDF At the time of this case, the Medicaid Eligibility Handbook provided that a retirement fund was not countable if the applicant was receiving periodic payments from it. “Retirement funds” included individually owned IRAs. In this case, the petitioner […] 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. 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. MDV 143690 (Wis. Div. Hearings and Appeals Nov. 23, 2012) (DHS) ↓ Download PDF A divestment occurs when a Medicaid applicant transfers resources and receives less than fair market value in return; exempt business assets must be used in a business “for the self-support of the individual.” In this case, the petitioner […] Read more