Medicare And Medicaid Legal Questions

Unless the daughter can prove that she contributed to the account, the account is considered an account of "convenience" and is not considered the daughter's asset.  You wold have to prove that the daughter inherited one half of the account when the father died, otherwise, the account will have to be used for the mother's care until depleted.... Read More

You should be able to remain in the house, and to have the house transferred to you under the "Care-giver child" exemption.  You will have to prove that you lived in the house for at least two years prior to the transfer, and that during that time you cared for your mother.  the care has to be pretty specific, simply transporting her to doctor's visits, or shopping is not sufficient.  You will need to get a doctor's statement that the care you provided for your mom allowed her to live at home, and without that care, she would have had to go to a nursing home.... Read More

You might want to try Social Security Disability first, or New Jersey Disability.  If your cousin is unable to work, then she might be entitled to disability, and then she might be entitled to SSI supplemental Security Income, and possibly Medicaid.  If she is denied, she should appeal.  You can do that online.  She will need doctors who are willing to provide a report indicating she is unable to work due to her disability.  ... Read More

It is my understanding that Social Security Disability is base don your work history and your disability and that it does not require income or asset limits in order to become eligible.  You can inherit money and still be eligible as long as you continue to be disabled.    If you are receiving other benefits, like SSI or Medicaid, that are based on your income or assets, you could loose those benefits.... Read More

Yes - that's possible.  If your mother receives an inheritance, she may have to pay back medicaid, and then spend what is left of the money for her care, and then when that runs out go back on medicaid.  It may be better if she does not accept the inheritance.  You should discuss this issue with an Ohio elder law attorney. ... Read More

Is she eligible for Medicaid now?  You also said that she "added" her husband's name to her deed in 2008.  Adding her husband's name to the deed would not constitute a "transfer" as long as her name was on the deed as well and has remained on the deed to date.  If this is incorrect, please provide some clarification.  Frankly, there are a lot of different ways that this could go, but I would need at least a few more facts before I was able to render a proper analysis.  The good news is that even if it was a transfer it is possible for that transfer to be cured and not affect her eligibility for Medicaid (assuming she is currently receiving Medicaid benefits).... Read More

I am sorry to hear that your mother's health is getting worse. I recommend that you contact an elder law attorney right away. You should not transfer any property out of your mother's name before consulting a lawyer.  As your mother's health changes, she may need care in a hospital or nursing home. If she ends up in a nursing home without enough money to pay for her stay there, she may need to apply for Medicaid benefits. If you have transferred property out of her name, it may negatively affect her eligibility for Medicaid. A lawyer can tell you what the Medicaid rules permit, and help you determine if your mother may need to apply for benefits in the future. Tonya R. Coles Elder Law -- Estate Planning -- Probate www.tonyacoles.com... Read More

Its hard to tell what happened from the information you provided.  You were probably dropped from Medicaid because the amount of assets you had for a short period of time during one month exceeded the limit.  Remember that the asset limits are strict.  For example, if you have $800 in the bank, and get a deposit of $1800 in social security, and your asset limit is $2000 you have exceeded your limit even if you immediately write a rent check for $800 and with draw the amount.  If your records were reviewed by Medicaid at a time when you exceeded the limit, that might have caused you to be disqualified.  if you are able to work part-time, you might still be eligible for Medically Needy Medicaid, which is Medicaid but a different program.  You need to call the Board of Social Services in the County in which you live and find out more about why you were dropped.... Read More

Your wife may wish to explore Ohio's High Risk Pool if she's been uninsured for 6 months or more.  877/730-1117 or https://www.ohiohighriskpool.com/  There are also programs that may be available through your local hospital for uninsured people with limited incomes.  This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliates companies. You may wish to consult an attorney for specific legal advice.  ... Read More

they will not notify you to tell you what you are eligible to receive !!  Apply for the benefits, the worse they can do is say "no".  Are you receiving Social Security Disability?  It sounds like you should be - and qualification for that will also help with other programs like PAAD for prescriptions. ... Read More

The period of ineligibility will be determined by the fair market value of the asset, divided by the medicaid ineligibility factor for new Jersey.  I believe that number is $7282 - so take the fair market value and divide by $7282 to come up with the number of months of ineligibility.  I do not believe Medicaid will put a lien on the property that is in the name of the caretaker child, because they will not be providing services during the period of ineligibility and therefore there will be no costs incurred.  New Jersey is an estate recovery state, and if there is an estate they will place a lien against the estate. ... Read More