Medicaid

Medicaid: Lost application; eligibility retroactiev to three months from original appliction

Where application was lost, eligibility retroactive eligibility related back three months from date of original application. After receiving a personal injury settlement in May 2007, Petitioner was ineligible for Medicaid until she spent down. She spent down before July 1, 2007, reapplying for Medicaid by hand delivery on October 30, 2007. Petitioner did not receive a date stamped copy of the application. When the application was still pending, the same application was re-filed in December. DFCS had no record of the original application, so retroactive eligibility was granted for November, October and September, with denials for July and August. At the hearing, the court found Petitioner’s testimony that she filed the application in October credible and reversed the decision, granting eligibility for July and August.

OSAH-Haralson-Barnes-5-2008.pdf (May 13, 2008).

Recent Posts

Medicaid Estate Recovery – 50 States

The Estate Recovery Rules vary from State to State. The federal minimum requires states to…

3 days ago

Rights of the ward; impact on voting and testamentary capacity; O.C.G.A. § 29-4-20

Georgia Guardianship law presupposes that the guardian must act in the best interests of the…

1 week ago

Georgia Medicaid Applicants No Longer Required to Apply for Other Benefits

Medicaid is the payer of last resort so applicants have, historically, been required to apply…

2 weeks ago

2026 Community Spouse Income and Resource Allowances

Effective January 1, 2026, the Community Spouse Resource Allowance will increase to $162,660.00. The combined…

2 weeks ago

Temporary medical consent guardianship; O.C.G.A. § 29-4-18

In some cases, no one can be found who will consent to medical procedures for…

2 weeks ago

Conduct of emergency guardianship hearing; limitations on emergency guardianship; O.C.G.A. § 29-4-16

If an emergency guardianship is warranted, O.C.G.A. § 29-4-16 sets the requirements for how the…

2 weeks ago