Appellant purchased annuity; was not disqualifying transfer because it occurred before the look-back period.
Community spouse did not meet exceptional circumstances criteria for increased Spousal Maintenance Needs Allowance; spouse said she needed an increase to cover two mortgages, heat, light, and credit card bills; but federal standards used when calculated MMMNA already covers utilities, shelter, and other day-to-day expenses so these are not exceptional circumstances.
Transfer of $43,000 was for less than fair market value and was not for purpose other than to qualify for MassHealth; Appellant claimed it was for repayment for work performed on Appellant’s home but no evidence was presented to establish this fact.
Transfer of home to trust within look-back period not disqualifying because the trust then sold the home for fair market value, and then proceeds were used to pay for new house in which Appellant had ownership interest; transfer of $42,000 is disqualifying because insufficient evidence to verify that it was repayment for work on the appellant’s former home.
Community spouse did not meet exceptional circumstances criteria for increased Spousal Maintenance Needs Allowance; spouse testified she needed an increase to cover day-to-day bills and to assist her adult disabled child; regulations only allow increase where needs arise from medical condition, frailty, or similar special needs of the community spouse.
Appellant transferred assets during look-back period; disqualifying transfer; transfers not made for fair market value; evidence needs contemporaneous third party independent corroboration to be persuasive; appellant’s age and health did not support argument that transfers were made for purposes other than qualifying for MassHealth.
Property was transferred before look-back period; attorney’s failure to timely register sale not fatal; evidence was that appellant intended to surrender control of property prior to look-back period.
- Appeals calculation of the PPA. MassHealth ordered to recalculate the PPA because the community spouse needs more income to make mortgage payments.
- MassHealth denied the Appellant’s application for long term care benefits due to excess assets. Ordered to allocate all income (minus PNA) and excess assets to the Community Spouse and to establish eligibility date consistent with the application date.
Transfer of $36,000.00 was made exclusively for a purpose other than to qualify for MassHealth and therefore not a disqualifying transfer; Appellant transferred to her grandchildren a gift of $12,000.00 each; Appellant did so relying on tax advice and in an attempt to ease the financial burden of her grandchildren; at the time of the transfer the Appellant was 83 years old and although she had a number of medical issues she was in reasonably good health and there is no evidence that she transferred the funds with the knowledge that she would be entering a nursing home in 2010 or with the intent to establish eligibility for MassHealth benefits in 2011.