♠ Posted by Marc J. Soss in estranged spouse,government benefits update,medicaid application,medicaid waiver,undue hardship waiver
A New Jersey appeals court has ruled that a married Medicaid applicant could request a spousal waiver for undue hardship even though the spouses were not estranged because the applicant's spouse refused to provide financial information. N.S. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., App. Div., No. A-3562-17T2, July 8, 2019). The New Jersey Superior Court, Appellate Division, held that there is no requirement in federal law that "spouses be estranged in order to receive a spousal waiver for an undue hardship." The court holds that the "determination of undue hardship...