Forman v. State Department of Children & Families

Sylvia Forman challenges a final order denying her Medicaid benefits under the Institutional Care Program (ICP) for August through November 2005 due to For-man’s failure to establish an income trust account prior to December 2005. We reverse.

Forman is 90 years old and does not have substantial assets. Her only income is a monthly pension check from the American Postal Workers’ Union of $1,904.

In the spring of 2005, Forman’s doctors told Sarah Leftow, Forman’s daughter, that it was necessary for Forman to live in a skilled nursing facility.

At that time, Leftow began the Medicaid approval…