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Page 3 of 3 § 10:70-5.1 Resource eligibility limits explanation as to why she would give away her valuable interest in the property to her son's LLC for profit, leaving her with nothing but millions of dollars in debt. C.S. v. Div. of Med. Assistance and Health Serv. and Ocean County Bd. of Social Serv., OAL DKT. NO. HMA 5957-14, 2014 N.J. AGEN LEXIS 584, Initial Decision (November 6, 2014). An Administrative Law Judge (ALJ) concluded that an adverse determination on an applicant's Medicaid only application based on a finding by a county board of social services that an eligibility penalty per N.J.A.C. 10:70-4(a) and N.J.A.C. 10:70-5.1(a) was properly imposed was improper. Though the board had found that the applicant had transferred resources in the amount of $ 72,930 as verified by checks on her account, the caseworker never sought any clarification from the applicant or her family as to the uses to which the funds allegedly had been put, never requested or reviewed tax returns and cancelled checks, never provided any information to the applicant or her family concerning the necessary spend-down, and never provided the applicant or her family with an itemized list identifying the transactions which were included in the $ 72,930 penalty. The caseworker also admitted that the proper procedures were not followed. The existence of significant procedural concerns as to the manner in which the application required that the order be vacated. M.J. v. Essex Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 724-14, 2014 N.J. AGEN LEXIS 304, Initial Decision (May 22, 2014). NEW JERSEY ADMINISTRATIVE CODE Copyright © 2025 by the New Jersey Office of Administrative Law End of Document