Appeal of Huff

The petitioner, Emily Huff, appeals a final decision of the New Hampshire Department of Health and Human Services Administrative Appeals Unit (AAU). The AAU concluded that special needs trust distributions function as income for purposes of Medicaid eligibility. We vacate and remand.

The following facts were found by the AAU or are uncontested. The petitioner is a disabled, young woman. On February 24, 2004, the petitioner’s mother, who also serves as her legal guardian, applied on the petitioner’s behalf for medical assistance under the Aid to the Permanently and Totally Disabled (APTD)…