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We are in the process of setting up and funding a Miller Trust. Medicaid application will not be processed until the trust has been funded. We can calculate ourselves what the community spouse monthly needs allowance will be. Can we make this payment to the community spouse now, while the application is pending, or do we have to wait until the application has been approved? If we should wait, is the community spouse allowed to get paid for back months that were not paid while waiting for the application to be processed?

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You really should have a meeting with the elder law atty that is doing the Miller Trust to review what the criteria is for CSRA.

My understanding on CSRA that it isn’t automatically what a state sets as the max CSRA but rather it’s determined to reflect what the CS needs to live in the community. The CS own income isn’t a factor for the NH spouses Medicaid application but the CS income is a factor for determining their CSRA.
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