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      Court Decisions

      Favorable Ohio Medicaid Compliant Annuity Decision - Vieth v. Ohio Dept. of Job & Family Services

      In January of 2007 I worked with an Ohio elder law attorney who had a Medicaid case involving a husband and wife, the Vieths.  The institutionalized spouse, Mr. Vieth, entered a nursing home in November of 2006, and was expected to remain there indefinitely.  After a resource assessment, Mrs. Vieth wanted to qualify her husband for Ohio Medicaid benefits. In order to eliminate the spend-down amount, pursuant to my suggestion, Mrs. Vieth purchased two Medicaid Compliant Annuities from ...

      Weatherbee v. Richman Appeal Brief - U.S. Court of Appeals

      In 2006, I worked with a Pennsylvania elder law attorney who had a Medicaid case involving a husband and wife, the Weatherbees.  The institutionalized spouse, Mr. Weatherbee, entered a nursing home in September of 2006, and was expected to remain there indefinitely.  After a resource assessment, Mrs. Weatherbee wanted to qualify her husband for Pennsylvania Medicaid benefits. In order to eliminate the spend-down amount, pursuant to my suggestion, Mrs. Weatherbee purchased a Medicaid C ...

      Medicaid Compliant Annuity Cases - Favorable Decisions

      I just reviewed a Nebraska fair hearing decision, involving a community spouse ("CS") and her purchase of two post DRA Medicaid Compliant Annuities with the couple’s entire spend-down amount.  The fair hearing decision is dated December 30, 2008. The Nebraska case had facts that were very similar to the facts found in the Weatherbee case,  which was decided in the United States District Court of Pennsylvania -  Western District, on  January 22, 2009.  In the Weatherbee ...

      Pennsylvania - Community Spouse Court Decision - Weatherbee

      In 2006, I worked with a Pennsylvania elder law attorney who had a Medicaid case involving a husband and wife, the Weatherbees.  The institutionalized spouse, Mr. Weatherbee, entered a nursing home in September of 2006, and was expected to remain there indefinitely.  After a resource assessment, Mrs. Weatherbee wanted to qualify her husband for Pennsylvania Medicaid benefits. In order to eliminate the spend-down amount, pursuant to my suggestion, Mrs. Weatherbee purchased a Medicaid C ...
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