Marinaro secures Court reversal of Medicaid denial where the proof required by DMAHS just didn’t exist
The burden to prove eligibility for Medicaid rests with the applicant, but sometimes, the agency just refuses to accept the evidence they are given. This is demonstrated in a recent New Jersey case in which a denial of benefits was reversed by the Appellate court. The decision is “not approved for publication ,” which means it doesn’t establish a precedent that’s...
A disinherited spouse could have a medicaid problem
When a person applies for Medicaid benefits, a five-year look back is done by the county board of social services to see if the applicant had given away any assets that they owned or to which they were entitled. If that occurred, it’s referred to as a “transfer of assets” or “uncompensated transfer of assets,” and the result will be a penalty period in which the...