DHA Case No. MRA 13/102709 (Wis. Div. Hearings and Appeals 2009) (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 wife established that she had income […] Read more
Tag: ALJ Gary M. Wolkstein
DHA Case No. MDV 138459 (Wis. Div. Hearings and Appeals Apr. 24, 2012) (DHS) ↓ Download PDF A divestment occurs when an institutionalized individual transfers assets for less than fair market value during the look-back period. In this case, the petitioner’s bank statements showed withdrawals of $29,134.50 over two years. Her daughter and POA could […] Read more
DHA Case No. MDV 13/10761 (Wis. Div. Hearings and Appeals Feb. 19, 1997) (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’s spouse sold their non-homestead real estate for $20,590 […] Read more
DHA Case No. MDV 23/81821 (Wis. Div. Hearings and Appeals Apr. 19, 2007) (DHS) ↓ Download PDF Fair market value is an estimate of the amount an asset will sell for in an arms-length transaction on the open market. In this case, the petitioner established an irrevocable trust and funded it with stocks, life insurance, […] Read more
DHA Case No. MGE 117071 (Wis. Div. of Hearings and Appeals Jul. 26, 2011) (DHS) ↓ Download PDF This case is one example of a marital property agreement avoiding the potential divestment when a community spouse (1) dies, (2) leaves property to someone other than the institutionalized spouse, and (3) the institutionalized spouse fails to […] Read more