DHA Case No. MDD 213268 (Wis. Div. Hearings and Appeals Sep. 6, 2024) (DHS) ↓ Download PDF A person is not disabled for Medicaid purposes if they can perform the same work they have done in the past at a substantially gainful level. In this case, the petitioner was ultimately determined not disabled because he […] Read more

DHA Case No. SSO 211439 (Wis. Div. Hearings and Appeals Apr. 2, 2024) (DHS) ↓ Download PDF When recovering a state SSI overpayment, DHS is limited to recovering benefits paid during the twelve months before the overpayment discovery date. Neither the administrative code nor DHS’s SSI policies define “date of discovery.” In the absence of […] Read more

DHA Case No. HMO 209818 (Wis. Div. Hearings and Appeals Jan. 11, 2024) (DHS) ↓ Download PDF An experimental or unproven treatment is not covered by MA as medically necessary. In this case, the petitioner’s request for a peripheral nerve stimulator was denied by her Medicaid HMO because it considered the treatment “unproven and not […] Read more

DHA Case No. MDD 214689 (Wis. Div. Hearings and Appeals Oct. 21, 2024) (DHS) ↓ Download PDF If the Social Security Administration finds an applicant not disabled within twelve months of a state MA application, that determination is binding on the state. In this case, the petitioner applied for SSI, SSDI, and state MA. Because […] Read more

DHA Case No. MGE 211382 (Wis. Div. of Hearings and Appeals February 29, 2024) (DHS) ↓ Download PDF The asset limit for SSI-related Medicaid is $2,000.00. In this case, the petitioner (a realtor) was able to exempt one vehicle, his homestead, and various properties used for self-employment; but the value of a few small, landlocked […] Read more

DHA Case No. MGE 209717 (Wis. Div. of Hearings and Appeals January 5, 2024) (DHS) ↓ Download PDF To be eligible for SSI-related Medicaid, an unmarried individual’s countable assets must be less than $2,000. The individual must also provide the necessary verification. In this case, the petitioner received a VA lump sum payment and was […] Read more

DHA Case No. MED 36/47216 (Wis. Div. of Hearings and Appeals July 24, 2001) (DHS) ↓ Download PDF Wisconsin’s spousal impoverishment law provides that the income of an institutionalized spouse (including a participant in Community Waivers) is not considered available to the community spouse. In this case, DHS had changed its policy so that the […] Read more

DHA Case No. MED 40/68266 (Wis. Div. of Hearings and Appeals June 27, 2005) (DHS) ↓ Download PDF A Medicaid recipient whose income exceeds the “medically needy” income limit must pay a deductible, which can be met by incurring medical expenses. In this case, the petitioner incurred charges for mental health services at the Milwaukee […] Read more

DHA Case No. MPA 207590 (Wis. Div. of Hearings and Appeals April 3, 2023) (DHS) ↓ Download PDF A specialized bed may be provided under the MA program when prescribed by a physician, but it must be cost-effective and not solely for the comfort or convenience of the recipient. In this case, the petitioner was […] Read more

DHA Case No. BCS 207530 (Wis. Div. of Hearings and Appeals April 6, 2023) (DHS) ↓ Download PDF Wisconsin law provides that able-bodied adults who refused to cooperate in establishing the paternity of a child without good cause are ineligible for MA. In this case, the petitioner refused to identify the father of her child […] Read more

DHA Case No. MDD 200680 (Wis. Div. of Hearings and Appeals February 10, 2021) (DHS) ↓ Download PDF In making a disability determination, the Disability Determination Bureau (DDB) applies a 5-step test. Step 5 considers whether the individual can adjust to types of work the individual has not performed in the past, considering his or […] Read more