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Page 15 of 18 § 10:71-4.1 Financial eligibility standards; resources and N.J.A.C. 10:71-4.1 was appropriate, and eligibility thus established. F.P. v. Middlesex Cnty. Bd. of Social Servs., OAL DKT. NOS. HMA 03183-14 and HMA 05622-14, AGENCY DKT. NO. 1215061428 (Consolidated), 2014 N.J. AGEN LEXIS 475, Initial Decision (August 6, 2014). County board of social services (CBSS) and Division of Medical Assistance and Health Services (DMAHS) did not err in imposing a transfer penalty on the Medicaid eligibility of an applicant on the ground that the transfer, to the applicant's daughter, of $ 18,555.64 of the proceeds of a CD owned by the applicant was made for less than fair value. Though the daughter insisted that the entire amount actually represented rent paid by her mother to her over a five year period and though the daughter submitted uncashed checks that totaled $ 18,048, there was no evidence that they actually were written when they were purported to have been written and were no longer negotiable on the date on which funds were transferred from the applicant's CD to her daughter. Since the presumption was that the amount had been transferred to allow the applicant to qualify for Medicaid benefits within the meaning of N.J.A.C. 10:71-4.1(d)2, was not rebutted, the applicant was properly rendered ineligible per N.J.A.C. 10:71-4.10 and a transfer penalty imposed. C.D. v. Camden Cnty. Bd. of Social Servs. and Div. of Medical Assistance & Health Servs., OAL DKT. NO. HMA 4606-14, AGENCY DKT. NO. 0410052983, 2014 N.J. AGEN LEXIS 444, Initial Decision (August 1, 2014). Although a nursing home could not access all of a Medicaid applicant's funds through a judgment arising from the applicant's unpaid bills, that levy was immaterial for purposes of N.J.A.C. 10:71-4.1(c)3i(2). While the judgment encumbered funds in her account unrelated to her social security direct deposits, it did not make her social security checks inaccessible to her pursuant to 42 U.S.C.S. § 407(a). Therefore, the administrative law judge affirmed the medical eligibility date calculated by the Board of Social Services. D.W. v. Passaic Cnty. Bd. of Social Serv., OAL Dkt. No. HMA 15245-13, 2014 N.J. AGEN LEXIS 447, Initial Decision (July 28, 2014). DMAHS's imposition of a 35 month, 10 day penalty against the eligibility of an incapacitated husband on account of the value of real estate that he and his wife had owned and which had an assessed value of $ 312,069 after applying the equalization ratio. An Administrative Law Judge (ALJ) so concluded despite an unrebutted showing that the building had fallen into significant disrepair; that the third floor had collapsed into the second floor; that a flood had resulted from broken pipes; that a city health inspector had ordered his wife to either renovate the premises or face demolition; and that the property in fact had just been sold to a third party for $ 37,000. Given the specific language of N.J.A.C. 10:71-4.1(d), the use of the tax-assessed value was mandatory. Because the calculation of the value of the property complied with governing law, the penalty on eligibility was proper. J.R. v. Atlantic Cnty. Bd. of Social Servs., and Div. of Medical Assistance & Health Servs., OAL DKT. NOS. HMA 17331-13 and OAL DKT. NO. HMA 2125-14 (Consolidated), AGENCY DKT. NO. 32710, 2014 N.J. AGEN LEXIS 374, Initial Decision ( June 26, 2014). County board of social services (CBSS) erred when it imposed a transfer penalty on the Medicaid eligibility of an applicant on the ground that the withdrawal, by the applicant's sister, of approximately $ 17,000 from a bank account that belonged to the applicant and his sister was a transfer to facilitate qualification for Medicaid. Though CBSS took the position that the amount was transferred to allow the applicant to qualify for Medicaid benefits within the meaning of N.J.A.C. 10:71-4.1(d)2 and that the applicant was thus rendered ineligible per N.J.A.C. 10:71-4.10, the sister established that the funds that she withdrew in fact belonged to her as they were the proceeds from the settlement of a personal injury case. That showing provided adequate grounds per N.J.A.C. 10:71-4.10(e)6ii for a determination that the funds had been transferred for a purpose other than to facilitate the applicant's qualification for Medicaid benefits, thus eliminating the basis on which the CBSS had relied in imposing a transfer penalty on the applicant. L.B. v. Atlantic Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 4147-14, AGENCY DKT. NO. 0120009439-01, 2014 N.J. AGEN LEXIS 399, Initial Decision (June 17, 2014). Agency determination denying the application of a disabled adult for enrollment in the Community Care Waiver/Medicaid Only (CCW) on the ground that her resources exceeded the ceiling imposed by N.J.A.C. 10:71- 1.2(a) and N.J.A.C. 10:71-4.1 was reversed. The disabled adult owned life insurance policies, one of which had a cash surrender value of $ 2,065, and her ownership thereof meant that her resources exceeded the eligibility standard of $ 2,000. However, resources which are not accessible to an individual through no fault of his or her own