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Page 3 of 3 § 10:71-5.2 Determination of countable income Office of Community Choice Options of the Department of Human Services (DHS), his eligibility date would have been December 1, not February 1 of the subsequent year. D.L. v. Essex Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 07350-16, 2016 N.J. AGEN LEXIS 580, Initial Decision (July 7, 2016). Though an applicant who was seeking an award of Medicaid benefits provided a letter from her bank containing certain needed information, the letter did not address the balance in the account on the first of the month, which was the critical date under applicable regulations, and that failure provided grounds for a denial. A.A-G. v. Somerset Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 00912-16, 2016 N.J. AGEN LEXIS 174, Initial Decision (April 11, 2016). Because the N.J. Division of Medical Assistance and Health Services (DMAHS) was not required to implement an income cap waiver that was approved by the federal government, an elderly woman's application for the Global Option waiver program was properly denied based on a finding that she had excess income. The income from her annuity placed it over the monthly Medicaid eligibility income cap of $ 2,130. E.M. v. Union Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 16475-13, 2014 N.J. AGEN LEXIS 823, Initial Decision (December 17, 2014). An Administrative Law Judge (ALJ) concluded that the Division of Medical Assistance and Health Services had correctly determined that a disabled adult's income per N.J.A.C. 10:71-5.1 exceeded the eligibility limit of $ 2130 that applied to the Medicaid Only/Community Care Waiver and that the applicant thus was not entitled to benefits under that program. Applying the "countable income" regulations in N.J.A.C. 10:71-5.2(a), the ALJ determined that the applicant's gross monthly Social Security income of $ 1,372.90 and the applicant's gross monthly Defense Finance Accounting Service annuity of $ 848 were properly counted in their entirety because neither amount was excludable under N.J.A.C. 10:71-5.3. F.S. v. Div. of Med. Assistance & Health Servs., OAL DKT. NO. HMA 01924- 14, AGENCY REF. NO. 9020032857-01, 2014 N.J. AGEN LEXIS 321, Initial Decision (June 10, 2014). NEW JERSEY ADMINISTRATIVE CODE Copyright © 2025 by the New Jersey Office of Administrative Law End of Document