DHA Case No. MDD 201432 (Wis. Div. of Hearings and Appeals April 9, 2021) (DHS) ↓ Download PDF To determine if an applicant can engage in substantial gainful activity, the Disability Determination Bureau applies a 5-step test. In the fifth step, the DDB must determine if the person can do any kind of work that […] Read more
ALJ Kenneth D. Duren
DHA Case No. MPA 203721 (Wis. Div. of Hearings and Appeals January 19, 2022) (DHS) ↓ Download PDF To determine the number of approved personal care worker hours, providers use the Personal Care Screening Tool, which can then be adjusted. In this case, the petitioner asked for 29.75 hours per week but was only approved […] Read more
DHA Case No. MED-40/46891 (Wis. Div. of Hearings and Appeals March 29, 2001) (DHS) ↓ Download PDF In a spousal impoverishment case, the Wisconsin administrative code provides that funds “expressly set aside” for burial expenses are not countable. In this case, the petitioner’s attorney told the county agency, in writing, that $3,000 in a certain […] Read more
DHA Case No. MPC-13/78330 (Wis. Div. of Hearings and Appeals November 1, 2006) (DHS) ↓ Download PDF In Community Waivers cases, countable income is first used in eligibility determinations to place an applicant into a group; then the post-eligibility cost share is calculated based on the formula for that group. In this case, the petitioner’s […] Read more
DHA Case No. MDV-37/88496 (Wis. Div. of Hearings and Appeals May 16, 2008) (DHS) ↓ Download PDF Promissory notes are commonly used to reduce countable resources for Medicaid eligibility. The rules require the note to have a repayment term within the applicant’s life expectancy, require equal payments with no balloon payment, prohibit cancellation of the […] Read more