Archives: 2009

Appellant had history of giving financial gifts to loved ones. Appellant gave gifts in amounts exceeding $1,000.00. DSS imposed transfer penalty. Hearing Officer found that DSS correctly imposed penalty. Fair Hearing Decision 5-5-09 (PDF)

Appellant made two transfers of assets totaling $55,648 from her own assets. Each of the trusts directed monthly payments to be made on or behalf of appellant. Initially, DSS treated trusts as transfers of assets, with partial returns of the asset each month. Upon further review of the trusts, DSS determined that both trusts were…

DSS claimed that Appellant’s cousin and POA sold appellant’s non-home property for less than fair market value. The residence was marked through a real estate broker. The purchaser had no relationship to either the broker or the appellant. Hearing officer found that the appellant sold the non-home property for fair market value. Fair Hearing Decision…

Appellant and spouse gifted a total of $11,800.00 one of their 5 children. Gifts were given in 9 checks in the amount of $900.00 each.  Appellant was 92 and 93 years old when gifts were given.  Parents gave gifts due to medical needs of son.  DSS found gift was an improper transfer and imposed a…

Appellant gifted amounts of  less than $1000.00 to 13 different relatives. Relatives provided services to appellant such as running errands and providing transportation. Appellant was healthy at time of transfer. Appellant  applied for Title XIX approximately 21 months later. DSS imposed a 1.43 month transfer. Hearing officer found that gifts were legitimate and the appellant…

Appellant gifted amounts of less than $1000.00 to 11 relatives. She applied for Title XIX approximately 21 months later. DSS imposed a 1.23 month transfer. Hearing officer found that gifts were legitimate and the appellant did not have reason to anticipate requiring assistance from Title XIX at the time the gifts were given. Fair Hearing…