CONNECTICUT DEPARTMENT OF SOCIAL SERVICES
UNIFORM POLICY MANUAL
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Date: 01-1-19 Transmittal: UP-03-28 P-1570.30
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Section: Type:
The Eligibility Process PROCEDURES
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Chapter: Program: MAABD
Fair Hearings
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Subject:
Adjustment of CSPA
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P-1570.30 1. Determine the reason for the Fair Hearing request.
2. If the Fair Hearing is being requested because the requester considers the computation of the CSPA to be incorrect, go to P-1570.25 - "Calculation of CSPA."
3. If the Fair Hearing is being requested because the requester feels that the community spouse's income from all sources including income from the CSPA is insufficient to meet the MMNA, go to step 4.
4. Obtain a Fair Hearing Summary with:
a copy of the request for the assessment
a copy of the notification of the result of the assessment
a copy of any documentation used for the assessment
verification of the community spouse's monthly needs
verification of the community spouse's gross monthly income.
5. Calculate the MMNA for the community spouse following the procedures in P-5035.10 - "MMNA."
6. If it is claimed that the community spouse (CS) has exceptional circumstances resulting in significant financial duress, evaluate the claim and adjust the MMNA, if appropriate, by following the procedures in P- 1570.26.
7. Determine whether the CS’ own income, including income generated from his or her present CSPA, plus income that may be diverted from the institutionalized spouse, is sufficient to meet the CS' MMNA (using the MMNA from step 5 or 6, as appropriate).
If the income from step 7 is sufficient to meet the CS’ MMNA, stop here. Do not adjust the CSPA.