Do You Really Need an Elder Law Attorney To File A Medicaid Application?

There is a lot of misinformation available both on the internet and given by non-elder law attorneys to consumers about applying for Medicaid and Veteran Aid & Attendance benefits. This misinformation is costing consumers delays in qualifying for the Medicaid benefits they so desperately need. Here are just a few of the benefits that an experienced elder law attorney like myself can provide:

• I assess the client’s financial situation (resources, income, liabilities) before filing for Medicaid in order to maximize the client’s legal rights and preserve resources for a spouse, adult disabled child, or dependent.
• I determine whether the client’s gross monthly income (i.e., Social Security, pension, IRA, or 401(k) distribution) exceeds the Medicaid income limit and requires a Qualified Medicaid Income Trust to qualify for Medicaid sooner rather than later.
• Florida no longer has retroactive Medicaid, so if advance planning is not done or is not done correctly, a Medicaid application will be denied, and the client will lose the time value of the benefits and care he or she needs.
• As an advocate for my clients, I know how to navigate the Medicaid system to ensure that the application is reviewed in a timely manner and to escalate any issues that the Medicaid caseworker is not evaluating correctly.
• If you are seeking Medicaid assistance at home or in the home of a family member, I can guide you through the interview process to be placed on the waiting list, create a plan to preserve resources, and request that your family member’s caregiver be paid for their
  services.

If consumers choose to file a Medicaid application themselves or have a social worker at a hospital or facility file it, they may not receive the legal advice they deserve. Getting correct and complete legal advice is an investment in one’s future and care. Do it right the first time by partnering with a board-certified Elder Law Attorney.

I work with clients living in Florida and can meet with them in person or by video conference. If you are reading this blog and don’t live in Florida, contact the National Academy of Elder Law Attorneys (www.naela.org) to find an elder law attorney in your area.