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The decision applies to annuities, which are irrevocable and nontransferable. In Lopes v. Starkowski [No. 3:lO-CV-307 (JCH)], the United Stated District Court in Connecticut ruled that the income stream from an unassignable immediate annuity is not an asset for Medicaid eligibility. As precedent, it cites a Third Circuit opinion —James v. Richman [547 F.3d 214 (3 Cir. 2008)]–which held that under the Supplemental Security Income program, “an unassignable annuity’s income stream would be treated as income and not as an asset.” But the new District Court decision went further, by stating that “it would be incongruent with the principles of…
Nothing paid by anyone other than the claimant (and claimant’s dependents declared on the application) is considered UME on the medical expense report, so these expenses would not be declarable.
A NSC veteran, who needs a lot of help, wheelchair bound, and resides in an assisted living facility, was forced to the VA medical center for a medical.
Frederick, MD 
301-663-9230
