Entries by JBatsevitsky

HOME MAINTENANCE DEDUCTION (FAVORABLE)

Board of Hearings Appeal # 1712927 (November 16, 2017). The Fair Hearing Officer ruled in Appellant’s favor that he was entitled to an “Amount to Maintain Home” deduction from his PPA under 130 CMR 520.026(D). MassHealth had argued that MassHealth Eligibility Operations Memo 09-09 allows such a home maintenance needs deduction for unmarried applicants, with […]

COUNTABILITY OF ANNUITY (FAVORABLE)

Board of Hearings Appeal # 1705944 (October 13, 2017). The Fair Hearing Officer ruled in Appellant’s favor that her spouse’s TIAA-CREF traditional annuity from a former employer was not a countable asset for the purpose of determining the community spouse’s CSRA. MassHealth had argued that the annuity was a countable 401(k) and that it rendered […]

DISQUALIFYING TRANSFERS (FAVORABLE)

Board of Hearings Appeal # 1716892 (December 13, 2017). The Fair Hearing Officer ruled in Appellant’s favor that $52,696.00 of transfers were not disqualifying. Of that amount, $31,000.00 were undocumented cash withdrawals from the Appellant and spouse’s bank accounts. Appellant had no receipts to prove how the funds were spent. Appellant’s counsel argued that the […]

COUNTABILITY OF CCRC DEPOSIT FEE (FAVORABLE)

Board of Hearings Appeal # 1718268 (January 31, 2018). MassHealth denied the Appellant’s application for long-term care benefits because it determined that the Appellant and his wife paid a refundable entrance deposit fee of $225,000.00 at the continuing care retirement community (CCRC) Linden Ponds, where they reside. The Appellant resides in the nursing facility component […]