Appeal 1900215 & 1905447

Fair Hearing Decision 1900215 & 1905447

The MassHealth agency had issued a denial that included trustee compensation as one of the reasons, then the lawyer representing the agency waived the issue; see pages 5 and 22 of the decision. (Does the MassHealth agency really believe it is entitled to enforce its legal positions selectively?)

Appeal 1818863

Appellant Brief 1818863

Fair Hearing Decision 1818863

MassHealth Brief 1818863

Appeal 1814090

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.

Fair Hearing Decision 1814090

redacted Appellant’s brief

Exhibits A-C

Exhibits D-H

MassHealth agency’s memo

Appeal 1608521

Fair Hearing Decision 1608521

MassHealth memo #2

Appellant’s redacted memo #1

MassHealth memo on Appeal 1608521