Tips When Obtaining a Recovery for a Client On Medicaid and SSI
This month’s ‘Tips and Tales’ focuses on what needs to be done before distributing proceeds to a client who receives Medicaid or SSI benefits. Feel free to use this checklist in your office: At inception of the lawsuit ask the client whether he/she receives Medicaid, SSI, Food Stamps, HUD housing (or other financially sensitive government benefits). Document your file. Request a copy of…
Have Federal Amendments Really Changed The Ahlborn Decision?
If you have followed the caselaw interpreting Ahlborn you know that it has been a long winding road with many attempts by state Medicaid agencies to access the entire settlement, not just the portion attributed to medical expenses. Most recently in 2013 Congress sought to strengthen the Medicaid third-party liability act when it passed the Bipartisan Budget Act of 2013. In section…
Kudos to Publix On Offering Legally Married Same Sex Couples Insurance
Publix Is Helping Businesses Pave The Way for Equality in Florida Kudos to Publix Supermarket for offering legally married same sex couples health insurance benefits effective January 1, 2015! By recognizing same-sex marriages performed in a state where it is legal, regardless of the current state of residence of the employee, Publix is demonstrating it is instituting equality…
Is There a Difference between a Qualified Income Trust and a Special Needs Trust?
Santa, Is There a Difference Between a Qualified Income Trust and a Special Needs Trust? Yes, Virginia, there is a difference and you need to consult a qualified elder law attorney to know which document you need based on your personal circumstances. A ‘Qualified Income Trust‘ is required if you are applying for Medicaid assistance…
The New ABLE Act: Is It Right for You and Your Family?
Monday December 15, 2014, Congress passed the ABLE Act. The goal of the ABLE (Achieving Better Life Experience) Act is to provide funding for qualified disability expenses for individuals while allowing them to receive SSI and/or Medicaid assistance, employment and money from other sources. The ABLE Act provides an account to hold assets up to…
Don’t Make These 7 Medicaid, Long Term Care Planning Mistakes
Proper planning is required to obtain Medicaid assistance. When people encounter chronic illnesses and face depleting financial resources, consulting with a certified elder law attorney will help you avoid long term care planning and asset preservation pitfalls: Transferring the house: People who transfer their home to their children will find themselves ineligible for Medicaid. The…
Tips for Choosing a Nursing Home for Your Loved One
While no one ever envisions themselves moving to a nursing home, sometimes a change in medical condition and finances may lead to that as an option. Whether you are shopping for a car or choosing a nursing home, you want to do your homework. If you do not know anything about nursing homes it can…
Social Security and Marriage Equality Act of 2014
On May 8, 2014, Senator Patty Murray from Washington sponsored the Social Security and Marriage Equality Act of 2014 (SAME). The objective of the bill (s. 2305) is to amend the Social Security Act so that same-sex married couples will be entitled to social security benefits based on place of celebration and not place of residence…
Florida: The Perfect Home with the Perfect Partner
Many people are drawn to live and work in Florida because of its beautiful weather. Other people are drawn to Florida because it has no state income tax. If you are a married same-sex couple (SSC) or, have a domestic partnership or civil union there are several important real estate ownership issues you should consider…
VA Pension Should Not Impede Medicaid Eligibility
Veteran’s Aid & Attendance Income Should Not Impede Medicaid Eligibility If you, your spouse or your parent have recently qualified for a VA Improved Pension (VAIP) read about pension benefits and are also applying for or receiving Medicaid assistance you need to know your rights. A portion of the benefit may represent Aid & Attendance (A&A)…