Appeal 1808971

Superior Court Decision dated 9/9/2019

Fair Hearing Decision 1808971

Hearing decision overturned on appeal to Superior Court. The hearing officer had erroneously concluded that the power of appointment allowed the appellant to appoint trust assets to her children upon the condition that the money is returned to her; the overturned “reasoning” was that even though the trust limits principal distributions to the appellant or otherwise constrains the appellant’s power of appointment, the phrase “notwithstanding the foregoing” immediately follows; this phrase, in the incorrect view of the hearing officer, freed the appellant’s power of appointment from the prohibition on the appellant’s benefiting from the trust principal.

Appeal 1816879

Fair Hearing Decision 1816879

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.