D    Exceptions to the Calculated CSRD

Program

Manual Section

ALTCS

MA707

 

Procedures

The CSRD allowed is never more than the maximum CSRD unless an Administrative Law Judge (ALJ) or court order establishes a greater amount.

If…

Then…

An ALJ determines that the amount of the community spouse resource deduction is inadequate or incorrect, and the decision is affirmed by the Director’s Decision

Allow the CSRD established by the ALJ’s decision. 

An amount is established by a court order for support and a court of competent jurisdiction orders the amount

Allow the amount shown by the order of support as the CSRD.