Lebanon, OH
Elder law Lawyer at Lebanon, OH
Practice Areas: Elder Law, Medicaid & Medicare ... +2 more
OUTCOME: Appeal was affirmed and the agency was ordered to remove the restricted coverage.
It was determined that it is permissible to transfer assets to a disabled child directly and that the use of a trust for the sole benefit of the disabled child is not required to meet the exemption. A ... lso there are no limitations on what the disabled child does what the resource if the transfer is made directly to them.
OUTCOME: The agency was incorrect and should have reduced the restrictive coverage, resulting in eligibility for Medicaid, and they must accept the past unpaid medical expenses allowing the use of income to pay back outstanding medical expenses.
The county agency failed to reduce the period of restricted coverage which was preventing the applicant from receiving Medicaid benefits, after the agency was presented verification that certain assets ... were re conveyed to the applicant, and the agency also refused the applicants request for payment of unpaid past medical expenses.
OUTCOME: Prevailed on appeal and the hearing officer agreed that the assets in the trust were not available and Medicaid benefits were approved.
Family established a irrevocable trust in the name of the person applying for Medicaid Nursing Home benefits. Miami County included the assets in the trust as part of the applicants estate and denied ... benefits for having too many resources. We argued that based on limitations imposed by the trust that those assets were not available and benefits should be approved.
OUTCOME: Appellant prevailed and the annuity was deemed permissable by the Court of Common Please, Hamilton County, Ohio and recently prevailed at the Court of Appeals.
The right fot the community spouse to use the resources in excess of the CSRA for their benefit. More specifically their right to purchase an annuity which would create additional income for the commu ... nity spouse.
OUTCOME: Medicaid was reinstated.
The Community Spouse passed away while the Institutionalised Spouse was still living in the Nursing Home, and receiving Medicaid benefits. The Community Spouse transferred upon his death outside of pr ... obate all of the monies in his name to his children. The State claimed the transfer was improper, and disqualified his wife for future Medicaid. The Hearing Officer determined that the State should not consider resources previously allocated to the Community Spouse as available to the Institutionalised Spouse in any post-eligibility determinations. The assets had been properly divided and the Community Spouse could protect their elected share.
OUTCOME: Apellant was successful in gaining Medicaid benefits when the Hearing Officer agreed that they met their burden of demonstrating that there was no value to the Life Estate.
The State of Ohio improperly included the value of a Life Estate as a countable resource, when it was demonstrated that the Life Estate was not availble, and did not have a fair market value.
OUTCOME: The Appellant prevailed and was awarded mediciad benefits when the Hearing Officer ruled that there can be mutiple periods of continuous institutionalization but only one snap shot date.
Ability to preserve the snap shot date even if the iinstitutionalized spouse comes home for a short period of time.
OUTCOME: The Hearing Officer ruled that the agency is required to calculate a period of restricted coverage for an improper transfer of resources even in the instance of an Ohio home care medicaid application.
The County Agency refused to grant a period of restricted coverage in regards to an improper transfer because the applicant was filing for home health care or waiver services.
OUTCOME: Appellant prevailed in The Court of Common Pleas, Butler County, Ohio
The State of Ohio improperly included the value of the Life Estate owned by the Appellant as a countable resource after the Apellant provide documentation demonstrating that the amount of the Life Esta ... e was unavailable and did not have a fair market value.