Public Benefits

Superior Court Review of Georgia ALJ Decision

In ____ v. Brock, Judge Schwall, Fulton County Superior Court), affirmed an administrative law judge's Final Decision as supported by…

1 year ago

Home purchased after nursing home admission was not an exempt homeplace

In a Texas case decided on May 3, 2024, the Texas Supreme Court reversed the Court of Appeals and trial…

1 year ago

Preliminary injunction granted barring state from terminating QI Medicaid

In Parker v. Louisiana Department of Health (April 30, 2024), the U.S. District Court for the Eastern District of Louisiana…

1 year ago

SSI Decisions finding no penalty where beneficiary over 65 funds a pooled trust sub-account

The federal Medicaid statute authorizes the use of individual self-settled special needs trusts for individuals under the age of 65.…

1 year ago

Example of Georgia Medicaid Lien Inquiry

If someone is receiving Medicaid and was injured through the negligence of others, Medicaid asserts a third-party claim against any…

1 year ago

Social Security Revises Policy on Recoverying Overpayments

The Social Security Administration pays various benefits including retirement benefits, disability benefits and Supplemental Security Income. An overpayment occurs when…

1 year ago

Updated Georgia Penalty Divisor Effective April 1, 2024

Effective April 1, 2024, the statewide averaged nursing facility private pay rate used in determining the penalty period for institutionalized…

1 year ago

New Form Approving Special Needs Trust Accounting

Recently we received a document we haven't seen before which informs Medicaid recipients that their special needs trust accounting was…

1 year ago

SSI to Remove Food as In-Kind Support and Maintenance

On March 27, 2024, the Social Security Administration published a final rule in the Federal Register which changes its calculation…

1 year ago

Is a Community Spouse required to name the State as remainder beneficiary of an annuity?

A Petition for writ of certiorari in the case of Dermody v. Massachusetts Executive Office of Health and Human Services…

1 year ago