Breitkreutz v. Department of Public Welfare

LEADBETTER, Judge.

Theresa M. Breitkreutz (petitioner), on behalf of her deceased mother Mary Hayduc-hak, petitions for review of the November 20, 1996, final order of the Department of Public Welfare (DPW) upholding the denial of medical assistance/nursing home care benefits (MA). At issue is whether there is substantial evidence to support DEW’S determina*1380tion that Mrs. Hayduchak failed to rebut the presumption that the transfers of three (3) certificates of deposit (CDs) to her daughters for less than fair and adequate consideration were made for the prohibited purpose of qualifying for MA.…