how much does it cost to hire a lawyer for a medicaid application?

by Tyler Hyatt 7 min read

Today, the average cost of hiring a Medicaid lawyer to apply for Medicaid is between $3500 and $10,000 according to a variety of sources, but each state differs and lawyers set rates that reflect their level of experience and the amount of time they expect a given application to take.

Full Answer

Should I hire an attorney for Medicaid Planning?

Jun 24, 2019 · If the work is much more complicated it may cost twice that. We’ve heard reports of some attorneys charging $25,000 and more. If you get a fee quote that is very high, inquire of the work that the attorney must do to get the application through. And, get a second opinion.

How much does it cost to hire an elder law attorney?

Apr 01, 2013 · More details to this question: I am told by a prospective lawyer her flat fee is between $3500 and $5800 to process and handle medicaid application. To hire her she has now asked for a check for $5800, the maximum flat fee. Do you have any idea why she just asked for the maximum amount? Applicant is 83 years old.

What does a Medicaid lawyer do?

Most lawyers charge a flat fee. After all, how could you pay the lawyer’s bill after he got you Medicaid? Your money, except $2,000, is all gone! Paying a lawyer to help you with the application is legitimate “spend down.” With a flat fee you have a fixed cost. You know what your attorney fees will be at the start.

How do attorneys charge for applications?

Aug 28, 2013 · The planning piece takes the expertise of an experienced elder law attorney, but may not take considerable time. The application can be time consuming, though most of the work can be completed by an experienced paralegal. My guess is that you will be looking at fees in the $10,000 range. Last Modified: 08/28/2013

What is the role of a Medicaid attorney?

On the other hand, Medicaid attorneys often focus more on the legal aspects of Medicaid planning, such as creating Medicaid asset protection trusts or Qualified income trusts, which makes them the better option for this type of assistance.

What do elder law attorneys do?

What Elder Law Attorneys Do? Elder law attorneys, also called elder care attorneys, estate and trust attorneys, or Medicaid lawyers, assist persons in preparing for long-term care and death. They assist seniors in a large and diverse array of legal tasks, which encompasses retirement planning, estate planning, creating wills and durable power ...

Can you gift assets to Medicaid?

This is because Medicaid has a look back period. During this period, an applicant cannot gift assets or sell assets for less than market value in an attempt to meet Medicaid’s asset limit.

How long does Medicaid look back?

The look back period is 5 years in all states except California (Medi-Cal has a 2.5 year look back).

What is Medicaid asset protection trust?

One such strategy that elder law attorneys can implement is a Medicaid asset protection trust (MAPT). This type of trust not only prevents one from becoming ineligible for Medicaid due to gifting assets ...

What is a medicaid planner?

For persons who have Medicaid cases that are fairly simple and straightforward, a Medicaid planner, also called a Medicaid specialist or a Medicaid Advisor, might be a good option. Working with a professional Medicaid planner can be a lot more cost efficient than working with a Medicaid attorney.

What is a Miller Trust?

An option to meet the income limit in this case is a Miller Trust, often referred to as a Qualified Income Trust (QIT). In oversimplified language, income that is over Medicaid’s income limit is put into an irrevocable (meaning it cannot be changed or cancelled) trust to be used for very specific purposes.

Not Hiring a Medicaid Lawyer Could Cost You Everything

Not hiring a Medicaid lawyer could cost you if you have to go into a nursing home. If you have Medicare coverage, as many seniors do, when you need nursing home care, Medicare will only pay for skilled nursing home services.

How Can a Medicaid Lawyer Help You?

A Medicaid planning lawyer can help you prepare to qualify for Medicaid should you need nursing home care and can help protect access to Medicaid for a person already receiving benefits.

Getting Help from An Oklahoma City Medicaid Lawyer

Parman & Easterday can assist you with all aspects of Medicaid planning, including making certain you have plans in place to protect your assets and a disabled person’s access to benefits. To find out more about how Medicaid planning can be a key part of your asset protection plans, join us for a free seminar.

What is Medicaid planner?

Medicaid Planners help clients structure their financial resources and prepare documentation to ensure the best possibility of being accepted into the Medicaid program. They create trusts, manage asset transfers, and convert countable assets into exempt assets to ensure eligibility and preserve a family’s resources.

What happens if you are denied medicaid?

The consequences of being denied by Medicaid are severe and can negatively impact the comfort, happiness, and even the health of the individual applying and their entire family.

What is an irrevocable trust?

There is a simple option called an irrevocable funeral trust. This is essentially prepaying a funeral and all the associated expenses. The family simply allocates the amount of money by which they are over the Medicaid limit to the irrevocable funeral trust.

What is a life resource planner?

A category of professionals called Life Resource Planners, or sometimes Eldercare Resource Planners, offer an alternative to traditional Medicaid planning. These advisors take a larger, holistic view of how to help families plan for paying for aging care. While Medicaid Planners are very focused on the task of helping families qualify for Medicaid, Life Resource Planners also look to see what other options exist and are available. As with Medicaid Planning professionals, their fees must be paid for out-of-pocket. However, those fees are substantially lower. Eldercare Resource Planners typically charge 50% – 75% less than Medicaid Planners. Learn more.

What is elder law?

The practice of Elder Law is a specialty practice that encompasses a broad understanding of aging and the law, and the interplay between the varied issues which may affect the elderly.

What are the needs of elders?

Elder attorneys address a multitude of needs and issues, including: 1 Guardianships, Proxies, POA (including Financial and Clinical) 2 Healthcare Surrogates and Proxies 3 Planning for Long Term Care, Medicare Enrollments, Medicaid Applications, Miller Trusts (QIT) 4 Durable Power Of Attorney and Other Legal Designations 5 Healthcare Surrogates and Decision Makers 6 Special Accounts and Trusts For Individuals With Disability 7 Revocable and Irrevocable Trusts 8 Issues of Elderly Abuse, Neglect and Exploitation

Who is Judah Gutwein?

Judah Gutwein, LNHA, is the Director of Admissions, Administration, Marketing, Social Media for Regency Nursing and Post-acute Rehabilitation Centers, NJ. The Regency organization has become synonymous with the best in senior healthcare and has garnered a well deserved reputation for its unsurpassed commitment to its patients and residents. The Regency Nursing and Rehabilitation Centers and Facilities throughout New Jersey have achieved numerous industry ‘gold standard’ benchmarks an have received accolades from all corners of the HealthCare community.