
New Jersey appeals court affirmed denial of Medicaid application for failure to verify recurring bank transactions on applicant’s bank statements even though the transactions may have been part of a scam. G.M. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., App. Div., No. A-0433-19, June 16, 2021).
G.M. was eighty-three years old, suffered from dementia, and was permanently institutionalized in a nursing home. In 2018, she applied for Medicaid benefits and submitted the required proofs and bank statements. The Medicaid agency requested verification of the source and purpose of recurring transactions appearing on petitioner’s 2013 bank statements labelled, “ACH DEPOSIT UNITEDCAPITALCRE UNITED CAP” (UCC), in the amount of $300. The transactions included debits and credits to and from petitioner’s account. G.M.’s authorized representative told the agency that G.M.’s family believed the UCC transactions were part of a scam that G.M. was a victim of, and she provided computer screenshots indicating UCC was no longer in business, and therefore, she was unable to provide formal documentation detailing petitioner’s UCC transactions.
G.M.’s application for Medicaid benefits was denied because she failed to provide sufficient verification of the UCC transactions. G.M. requested a fair hearing. At the hearing, the Medicaid agency representative acknowledged that the UCC was a defunct collection agency. The ALJ issued an initial decision affirming the denial of petitioner’s Medicaid eligibility, stating that there was a lack of evidence that G.M.’s agent under her power of attorney attempted to determine the nature of the transactions. The Medicaid agency affirmed the denial, and G.M. appealed to court.
The New Jersey Superior Court, Appellate Division, affirmed the decision denying benefits, holding that the Medicaid agency properly denied G.M.’s Medicaid application for failure to provide verifications. According to the Court, the computer screenshots of UCC’s former website did not provide evidence of the purpose of the transactions The Court held that “Because the [Medicaid agency] is tasked with ensuring that applicants have below $2000 in resource levels, and petitioner’s proof of eligibility was inconclusive, the Division’s decision to deny petitioner’s application was not arbitrary, capricious, or unreasonable.”
The case is attached here –
For additional information concerning Medicaid applications and appeals, visit:
Categories
- Affordable Care Act
- Alzheimer's Disease
- Arbitration
- Attorney Ethics
- Attorneys Fees
- Beneficiary Designations
- Blog Roundup and Highlights
- Blogs and Blogging
- Care Facilities
- Caregivers
- Cemetery
- Collaborative Family Law
- Conservatorships
- Consumer Fraud
- Contempt
- Contracts
- Defamation
- Developmental Disabilities
- Discovery
- Discrimination Laws
- Doctrine of Probable Intent
- Domestic Violence
- Elder Abuse
- Elder Law
- Elective Share
- End-of-Life Decisions
- Estate Administration
- Estate Litigation
- Estate Planning
- Events
- Family Law
- Fiduciary
- Financial Exploitation of the Elderly
- Funeral
- Future of the Legal Profession
- Geriatric Care Managers
- Governmental or Public Benefit Programs
- Guardianship
- Health Issues
- Housing for the Elderly and Disabled
- In Remembrance
- Insolvent Estates
- Institutional Liens
- Insurance
- Interesting New Cases
- Intestacy
- Law Firm News
- Law Firm Videos
- Law Practice Management / Development
- Lawyers and Lawyering
- Legal Capacity or Competancy
- Legal Malpractice
- Legal Rights of the Disabled
- Liens
- Litigation
- Mediation
- Medicaid Appeals
- Medicaid Applications
- Medicaid Planning
- Annuities
- Care Contracts
- Divorce
- Estate Recovery
- Family Part Non-Dissolution Support Orders
- Gifts
- Life Estates
- Loan repayments
- MMMNA
- Promissory Notes
- Qualified Income Trusts
- Spousal Refusal
- Transfers For Reasons Other Than To Qualify For Medicaid
- Transfers to "Caregiver" Child(ren)
- Transfers to Disabled Adult Children
- Trusts
- Undue Hardship Provision
- Multiple-Party Deposit Account Act
- New Cases
- New Laws
- News Briefs
- Newsletters
- Non-Probate Assets
- Nursing Facility Litigation
- Personal Achievements and Awards
- Personal Injury Lawsuits
- Probate
- Punitive Damages
- Reconsideration
- Retirement Benefits
- Reverse Mortgages
- Section 8 Housing
- Settlement of Litigation
- Social Media
- Special Education
- Special Needs Planning
- Surrogate Decision-Making
- Taxation
- Technology
- Texting
- Top Ten
- Trials
- Trustees
- Uncategorized
- Veterans Benefits
- Web Sites and the Internet
- Webinar
- Writing Intended To Be A Will
Vanarelli & Li, LLC on Social Media