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Page 10 of 11 § 10:71-4.5 Resource eligibility standards 4.11(e)1iii was a payment for cash in the amount of $ 500. As a result, her assets at the time of her application for Medicaid placed her resources at under $ 2,000 pursuant to N.J.A.C. 10:71-4.5(c). Camden Cnty. Bd. of Social Serv. and Div. of Medical Assistance and Health Serv., OAL Dkt. No. HMA 11618-13, 2014 N.J. AGEN LEXIS 272, Initial Decision (May 20, 2014). Division of Medical Assistance and Health Services improperly denied Medicaid eligibility to an applicant on the grounds that her resources exceeded the Community Care Waiver/Medicaid Only resource eligibility standard pursuant to N.J.A.C. 10:71-4.5. Although the applicant owned two life insurance policies with cash value that was available to her in the sense that she had the right to liquidate those policies, she had Down's Syndrome and lacked the capacity to deal with the policies. Because the policies were not accessible to the applicant through no fault of her own, they were excludable and should not have been counted as a resource. P.M. v. Div. of Med. Assistance and Health Serv., OAL Dkt. No. HMA 18597-13, 2014 N.J. AGEN LEXIS 266, Initial Decision (May 12, 2014). Administrative law judge (ALJ) recommended a revision of the approval of a Medicaid application to reflect an earlier effective date. The preponderance of the credible evidence clearly established that the DHAHS and County Board of Social Services (agency) failed to process the application in a timely manner pursuant to N.J.A.C. 10:71- 2.3(a), allowing the ALJ to afford minimal deference to the agency's witness, and no evidence existed to establish that the applicant's available assets exceeded the $ 2,000 threshold at the time of the application as required by N.J.A.C. 10-71-4.5(b). The undisputed credible evidence demonstrated that the all funds that were in the applicant's bank accounts were not accessible to him through his sole temporary guardian. Once his permanent guardian was appointed and the applicant's assets were transferred, the Office of the Public Guardian took immediate steps to ensure that those funds were used to pay the nursing home facility for the applicant's costs of care, pharmacy and pre-paid burial. J.T. v. DMAHS and Hudson Cnty. Bd. Of Social Servs., OAL Dkt. No. HMA 15301-12, 2014 N.J. AGEN LEXIS 52, Initial Decision (March 7, 2014). Camden County Board of Social Services and the Division of Medical Assistance and Health Services incorrectly denied Medicaid eligibility to applicants pursuant to N.J.A.C. 10:71-4.5 and assessed a transfer penalty based upon the sale of their home within five years before applying for Medicaid pursuant to N.J.A.C. 10:71-4.10(a) and - 4.10(b)9iv. The last tax assessment for the applicants' home was done before the decline of the housing market, and by the date of the transfer, the property was outdated, had termite and structural damage, and needed substantial renovation. W.S. v. Div. of Medical Assistance and Health Serv. and Camden Cnty. Bd. Of Social Serv., J.S. v. Div. of Medical Assistance and Health Serv. and Camden Cnty. Bd. Of Social Serv., OAL Dkt. Nos. HMA 10521-13, HMA 10523-13, 2014 N.J. AGEN LEXIS 50, Initial Decision (March 6, 2014). Expert testimony demonstrated that an annuity could be converted to cash and thus was an available resource for purposes of a nursing facility resident's application for Medicaid benefits under the Medically Needy program; the annuity, purchased by the applicant, a widow, for $ 195,710, was to pay the applicant $ 1,740.85 per month for 10 years and stated on its face that it was non-assignable (adopting 2007 N.J. AGEN LEXIS 209). D.M. v. DMAHS, OAL Dkt. No. HMA 6394-06, 2007 N.J. AGEN LEXIS 546, Final Decision (June 11, 2007). Initial Decision (2007 N.J. AGEN LEXIS 209) adopted, which concluded that an application for Medicaid benefits under the Medically Needy program was correctly denied for the applicant's failure to provide requested information regarding three attempts to sell the subject annuity, which the applicant claimed was an unavailable resource; while the Division may ultimately bear the burden of proving that a market exists, and that this particular annuity could be sold, this did not relieve the applicant of her obligation to produce information the Division requested. D.M. v. DMAHS, OAL Dkt. No. HMA 6394-06, 2007 N.J. AGEN LEXIS 546, Final Decision (June 11, 2007). Custodial bank accounts of Medicaid applicant's children were not available to applicant or her husband and thus were not countable resources in determining applicant's eligibility for the Nursing Home Medicaid program for the year in question; the accounts, created years before applicant's entry into the nursing home, were governed by the New Jersey Uniform Transfers to Minors Act, N.J.S.A. 46:38A-1 et seq. L.A.S. v. Union County Div. of Soc. Servs., OAL Dkt. No. HMA 1215-05, 2006 N.J. AGEN LEXIS 348, Initial Decision (April 26, 2006).