- Appellant denied for benefits because he did not give MassHealth the information about his spouse’s assets and income that it needed to decide his eligibility.
MassHealth application denied because verifications not submitted; missing verifications were assets of community spouse; community spouse’s refusal to cooperate with application process cannot be basis for denial of MassHealth application; appellant is mentally incompetent to assign rights of support to MassHealth.
Appellant properly assigned rights to support from his community spouse to MassHealth; obligation to provide asset verification was alleviated; MassHealth ordered to continue processing appellant’s application, seeking no further verifications from his ex-wife.
Community spouse refused to cooperate; assets have been kept separate; appellant is mentally incompetent and cannot assign to MassHealth any rights to support from her community spouse; application cannot be denied based on spouse’s refusal to cooperate.
Community spouse refused to cooperate; appellant lacked mental ability to assign rights to her spousal support to MassHealth.
- MassHealth denied appellant’s long-term care application for failure to provide requested verifications. Appeal approved. Appellant deemed to have provided sufficient information for MassHealth to determine her eligibility.
Appellant did not demonstrate by preponderance of evidence that spouse would not cooperate; no evidence of noncooperation besides appellant’s own statement in a letter.
Community spouse refused to provide information about her assets; appellant has assigned to MassHealth right to support from the community spouse.
Community spouse refused to disclose her assets (assets held by her individually); community spouse had assigned to MassHealth the institutionalized spouse’s rights to support; community spouse’s responsibility to disclose assets held individually is waived if the institutionalized spouse’s right to support from the community spouse has been assigned to the state; MassHealth ordered to proceed with substantive determination of eligibility.
Community spouse refused to cooperate; appellant submitted assignment of spousal support rights to MassHealth; appellant entitled to determination of eligibility.