(a) Individual with no eligible spouse. An aged, blind, or disabled individual with no spouse is eligible for benefits under title XVI of the Act if his or her nonexcludable resources do not exceed $1,500 prior to January 1, 1985, and all other eligibility requirements are met. An individual who is living with an ineligible spouse is eligible for benefits under title XVI of the Act if his or her nonexcludable resources, including the resources of the spouse, do not exceed $2,250 prior to January 1, 1985, and all other eligibility requirements are met.
(b) Individual with an eligible spouse. An aged, blind, or disabled individual who has an eligible spouse is eligible for benefits under title XVI of the Act if their nonexcludable resources do not exceed $2,250 prior to January 1, 1985, and all other eligibility requirements are met.
(c) Effective January 1, 1985 and later. The resources limits and effective dates for January 1, 1985 and later are as follows:
| Effective date | Individual | Individual and spouse |
|---|
| Jan. 1, 1985 | $1,600 | $2,400 |
| Jan. 1, 1986 | 1,700 | $2,550 |
| Jan. 1, 1987 | 1,800 | $2,700 |
| Jan. 1, 1988 | 1,900 | $2,850 |
| Jan. 1, 1989 | 2,000 | $3,000 |
Notes of Decisions
Wisconsin Dep't of Health & Fam. Servs. v. Blumer, 534 U.S. 473 (2002).
· cites it 4× “[5] The CSRA is considered unavailable to the *483 institutionalized spouse in the eligibility determination, but all resources above the CSRA (excluding a small sum set aside as a personal allowance for the institutionalized spouse, currently $2,000, see 20 CFR § 416.1205…”
Washington State Dep't of Soc. & Health Servs. v. Guardianship Est. of Keffeler, 537 U.S. 371 (2003).
· cites it 2× “§§1381-1382; 20 CFR § 416.1205 (c) (2002). *376 Although the Social Security Administration generally pays OASDI and SSI benefits directly, it may distribute them “for [a beneficiary’s] use and benefit” to another individual or entity as the beneficiary’s “ ‘representative payee.”
Lang v. Com., Dept. of Pub. Welfare, 528 A.2d 1335 (Pa. 1987).
· cites it 2× “20 C.F.R. § 416.1205 (a) (1986). A "resource" is defined as "cash or other liquid assets or any real or personal property that an individual .”
Stout v. Clayton, 674 S.W.2d 821 (Tex. App. 1984).
· cites it 2× “1383; 20 C.F.R. 416.1205; and 20 C.F.R. 416.1201.”
Poindexter v. State, 890 N.E.2d 410 (Ill. 2008).
“20 C.F.R. §416.1205 (2001) . Any and all resources above the CSRA must then be spent before an institutionalized spouse will be eligible for medicaid.”
Peterson v. Willie, 81 F.3d 1033 (11th Cir. 1996).
“Medicaid benefits are only available to those meeting the asset test set forth in 20 C.F.R. § 416.1205 . As a result of the settlement, Peterson’s assets greatly exceeded the eligibility limits.”
Reade v. Sec'y of the Commonwealth, 36 N.E.3d 519 (Mass. 2015).
“See also 20 C.F.R. § 416.1205 (2014) (Supplemental Security Income resource limit for individual with spouse is $3,000).”
Alford v. Mississippi Div. of Medicaid, 30 So. 3d 1212 (Miss. 2010).
“The MCCA specifically defines the CSRA as follows: [T]he “community spouse resource allowance” for the community spouse is an amount (if any) by which— (A) the greatest of— (i) $12,000 (subject to adjustment under subsection (g) of this section [which governs inflation]), or, if…”
Pennsylvania Trust Co. v. Dorel Juv. Grp., Inc., 851 F. Supp. 2d 831 (E.D. Pa. 2011).
“1996) (noting that plaintiffs muttimillion dollar pretrial settlement caused him to be ineligible for Medicaid pursuant to asset test set forth in 20 C.F.R. § 416.1205 ); see also Wong v. Graham, Civ.”
Ross v. Giardi, 680 A.2d 113 (Conn. 1996).
“§ 1382 (a) (3) (B); 20 C.F.R. § 416.1205 (c). That individual would not, however, satisfy the current state medicaid standard allowing the applicant to have resources worth no more than $1600.”
Woods v. Shalala, 884 F. Supp. 156 (D.N.J. 1995).
· cites it 3× “See 20 C.F.R. § 416.1205 (c). Life insurance policies are defined as liquid resources by 20 C.”
— 20 C.F.R. § 416.1205(c) — 1 case
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