Author: Brian E. Barreira
In this case, the MassHealth agency unsuccessfully argued that the vested beneficiaries of a nominee realty trust could amend the trust to give their ownership rights back to the MassHealth applicant, who had established the trust. Since the MassHealth applicant had a life estate in the trust, and since the trust provided that any beneficiary could terminate the trust, the life estate of the MassHealth applicant was deemed to be a countable asset.
Yet another Zohra Aziz “fair” hearing decision that is based not on what the agency claimed as the reason for the denial; look at page 13, where she writes: “Although not mentioned by MassHealth I note…” It was tremendously unfair to this appellant that the hearing officer concocted her own grounds for denying the appeal.
You must be logged in to post a comment.