DHA Case No. MDV 40/18587 (Wis. Div. of Hearings and Appeals Dec. 16, 1997) (DHS)  ↓ Download PDF In general, a transfer for fair market value is not a divestment. In this case, the petitioner spent $52,074 on repairs to his home, in which he had retained a life estate, after he was institutionalized. The […] Read more

DHA Case No. MDV 171354 (Wis. Div. Hearings and Appeals Mar. 28, 2016) (DHS) ↓ Download PDF Payments to relatives for care and services are not considered divestments if the services directly benefited the institutionalized person, compensation was reasonable, and, if the total exceeds 10% of the Community Spouse Asset Share, there is a preexisting […] Read more

DHA Case No. MDV 156359 (Wis. Div. Hearings and Appeals May 9, 2014) (DHS) ↓ Download PDF Payments to relatives for care and services are not considered divestments if the services directly benefited the institutionalized person, compensation was reasonable, and, if the total exceeds 10% of the Community Spouse Asset Share, there is a preexisting […] Read more

DHA Case No. MDV 138130 (Wis. Div. Hearings and Appeals Jun. 27, 2012) (DHS) ↓ Download PDF Transfers for fair market value are not divestments. In this case, the petitioner was a 96-year-old woman living in northern Wisconsin who had named her daughter as her financial agent. After she was admitted to a nursing home, […] Read more

DHA Case No. MRA 223077 (Wis. Div. Hearings and Appeals Jul. 22, 2026) (DHS) ↓ Download PDF An ALJ may increase the community spouse income allocation (CSIA) if the community spouse does not have enough income to pay his or her “necessary and basic maintenance needs.” In this case, the petitioner’s community spouse had expenses […] Read more

DHA Case No. MDV 133314 (Wis. Div. Hearings and Appeals Oct. 4, 2011) (DHS) ↓ Download PDF To pay relatives for services while avoiding divestment, a written and notarized agreement that exists at the time the services are provided is required if the total payment exceeds 10% of the community spouse asset share. In this […] Read more

DHA Case No. MDV 132474 (Wis. Div. Hearings and Appeals Aug. 24, 2011) (DHS) ↓ Download PDF To pay relatives for services while avoiding divestment, a written and notarized agreement that exists at the time the services are provided is required if the total payment exceeds 10% of the community spouse asset share. In this […] Read more

DHA Case No. MDV 13/78679 (Wis. Div. Hearings and Appeals Feb. 16, 2007) (DHS) ↓ Download PDF If an institutionalized person is paying a relative for care and services, then the payment must not exceed reasonable compensation for the services provided. In this case, the petitioner paid a lump sum of $85,013.02 to her adult […] Read more

DHA Case No. MRA 158565 (Wis. Div. Hearings and Appeals Sep. 22, 2014) (DHS) ↓ Download PDF An ALJ may increase the community spouse resource allowance (CSRA) if needed to generate income up to the minimum monthly maintenance needs allowance (MMMNA). In this case, the petitioner’s community spouse was $1,706.16 short of the MMMNA and […] Read more

DHA Case No. MRA 12/62917 (Wis. Div. Hearings and Appeals Jul. 13, 2004) (DHS) ↓ Download PDF An ALJ may increase the community spouse resource allowance (CSRA) if needed to generate income up to the minimum monthly maintenance needs allowance (MMMNA). In this case, the petitioner and his wife had low income but had sold […] Read more

DHA Case No. MRA 153656 (Wis. Div. Hearings and Appeals Feb. 6, 2014) (DHS) ↓ Download PDF An ALJ may increase the community spouse income allocation (CSIA) if the community spouse does not have enough income to pay his or her “necessary and basic maintenance needs.” In this case, the petitioner’s community spouse had expenses […] Read more

DHA Case No. MRA 139500 (Wis. Div. Hearings and Appeals May 24, 2012) (DHS) ↓ Download PDF An ALJ may increase the community spouse income allocation (CSIA) if the community spouse does not have enough income to pay his or her “necessary and basic maintenance needs.” In this case, the petitioner’s community spouse had expenses […] Read more

DHA Case No. MRA 138721 (Wis. Div. Hearings and Appeals May 15, 2012) (DHS) ↓ Download PDF An ALJ may increase the community spouse income allocation (CSIA) if the community spouse does not have enough income to pay his or her “necessary and basic maintenance needs.” In this case, the petitioner’s community spouse had expenses […] Read more

DHA Case No. MRA 139168 (Wis. Div. Hearings and Appeals Apr. 26, 2012) (DHS) ↓ Download PDF An ALJ may increase the community spouse income allocation (CSIA) if the community spouse does not have enough income to pay his or her “necessary and basic maintenance needs.” In this case, the petitioner’s community spouse had expenses […] Read more