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Agency must submit adoption assistance application prior to transfer of custody.

Topic: Public Assistance, Decided by Judge Walker-Russell 
Docket Number: 1613786 , Decision Date: 2015-11-23 
Attachment: Click here to download the decision. 

The Division of Family and Children Services (DFCS) failed to apply for adoption assistance prior to transferring custody of two children to their adoptive parent.  As a result, the prerequisite that an adoption assistance agreement be in place prior to finalization of adoption was not [..] Read More..

The state must reimburse for services provided in intervening months pursuant to Medicaid law.

Topic: Public Assistance, Decided by Judge Wood 
Docket Number: ***** , Decision Date: 2015-08-07 
Attachment: Click here to download the decision. 

The Division of Family and Children Services (DFCS) denied Petitioner Medicaid benefits for covered services provided to her during the month she applied, citing its updated policy of no longer approving reimbursement for “intervening months”, i.e., the period between submission and approval of the Medicaid [..] Read More..

Agency authorized to remove food stamps balance after twelve months of inactivity.

Topic: Public Assistance, Decided by Judge Woodard 
Docket Number: ******* , Decision Date: 2015-01-22 
Attachment: Click here to download the decision. 

The Division of Family and Children Services (“DFCS”) removed, or “expunged” the balance of Petitioner’s food stamps benefits after he failed to access those benefits for a period exceeding twelve months. DFCS continued to expunge monthly benefit amounts from Petitioner’s account as each benefit amount [..] Read More..

Nursing Home Medicaid resource limit must be raised to allow for maintenance of community spouse.

Topic: Public Assistance, Decided by Judge Woodard 
Docket Number: ***** , Decision Date: 2015-06-15 
Attachment: Click here to download the decision. 

The State is required pursuant to the Medicare Catastrophic Coverage Act to increase the resource limit for nursing home Medicaid where doing so would enable a nursing home resident’s non-institutionalized (or “community”) spouse to meet a monthly maintenance needs allowance, the amount of income necessary [..] Read More..

Testamentary devise to trust results in transfer penalty.

Topic: Public Assistance, Decided by Judge Miller 
Docket Number: ***** , Decision Date: 2013-07-29 
Attachment: Click here to download the decision. 

Petitioner, a nursing home resident, was ineligible for Medicaid while her husband was alive because the couple’s combined resources exceeded program limits.  When her husband died, all of the couple’s resources were transferred to a trust held for the sole benefit of their daughter per [..] Read More..

Must provide reasonable accommodations to applicants with disabilities.

Topic: Public Assistance, Decided by Judge Walker-Russell 
Docket Number: ***** , Decision Date: 2014-08-12 
Attachment: Click here to download the decision. 

The Division of Family and Children Services (DFCS) failed to comply with Title II of the Americans with Disabilities Act—which requires public entities to provide reasonable accommodations to individuals with disabilities—when it failed to extend an application renewal deadline to an individual suffering from schizophrenia [..] Read More..

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