how muh does a lawyer charge for medicaid

How much does it cost to hire a Medicaid lawyer?

 · It is the client who has significant savings in various institutions, a home and other “assets.” This person has much to lose. And, the need is doubly true if the client has a spouse. Clients do not hire an attorney to fill out a four to six page application. There is much more to do and much more to the value of the attorney’s work.

Do I need a lawyer to get Medicaid?

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.

What does a Medicaid attorney do for seniors?

 · Some Medicaid lawyers offer free consultations, while others charge an initial consultation fee or offer Medicaid planning conferences that range in cost from approximately $175 – $500. After the consultation / planning conference and gathering of the facts and needs, a price for services can be quoted.

How much does it cost to hire an Elderlaw attorney?

 · 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. My inlaws have very little money as it is.

How long does it take to get a medicaid application?

It takes many families three months to get a good application in. It goes like this. The first one is filed. Four weeks later the Medicaid worker contacts you by mail, delivered to the nursing home. You find it in the drawer next to the bed. You happened to find it, nobody told you it came last week. (Sometimes it is not this quick, because the Medicaid Department has been losing applications!) The worker asks for more information. It might be about life insurance policies, or other “unknown” assets. It takes you two weeks to get the information. A week later the worker says “not good enough.” She denies the application and you have to re-file.

What happens if your Medicaid application is denied?

When your application is denied you have to start over. That’s why the nursing home is on your back about paying the next month in advance, or going to probate court, or getting Medicaid application in fast as possible.

Why was my first Medicaid application rejected?

Many, perhaps most are rejected because of inadequate documentation, unreported assets, incomplete spend down or gifting of assets within 5 years of application.

Can every nursing home applicant benefit from having a lawyer handle the application?

Can every nursing home Medicaid applicant benefit by having a lawyer handle the application? No. An applicant who has no property but a small savings account would have a simple application and the spend down might be complete merely through purchasing a complete funeral plan. One consultation with a lawyer may be enough for you to confidently file the application. This too is a service we gladly provide.

Do you have to go to probate court if your dad is in a nursing home?

The nursing home may tell you Dad needs a guardian, so you have to go to probate court. Then the probate court would tell you how to spend the money. (A good part would go to lawyer’s fees and court expenses.)

Does the Department of Health and Human Services answer questions?

You can expect that nobody at Department of Health and Human Services, the Medicaid department, will answer your questions. They are not there to answer questions. There job is to review your application and accept it or deny it. When your application is denied you have to start over.

Can you keep your home on medicaid?

They don’t tell you at the Medicaid department that you can keep your home and be on Medicaid, but after you die they want your estate to sell it and give the money to the government as payback. They call it “estate recovery.”

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.

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

Some Medicaid lawyers offer free consultations, while others charge an initial consultation fee or offer Medicaid planning conferences that range in cost from approximately $175 – $500.

How does Medicaid annuity work?

This strategy reduces one’s countable assets, while at the same time , protecting some of them for family. Essentially, Medicaid applicants gift approximately half of their “excess” assets (assets over Medicaid’s limit) to their loved ones and then purchase an annuity with the remaining “excess” assets. (An annuity turns countable assets ...

How long does it take for Medicaid to pay for long term care?

Medicaid attorneys and specialists also assist with crisis planning, which occurs when a senior needs Medicaid benefits within 30-60 days.

How to avoid looking back on medicaid?

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 (if done prior to the look back period), but it also allows one to protect assets for spouses to ensure they can live independently. Furthermore, MAPTs protect assets, including one’s home, for relatives upon the death of the Medicaid recipient, as assets in this type of trust are protected from Medicaid’s estate recovery program. This means that the state cannot attempt to be reimbursed for long term care costs for which it paid for the Medicaid beneficiary via these 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.

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 a medicaid lawyer?

A Medicaid lawyer is a legal professional who specializes in the complex laws of the Medicaid program. A Medicaid lawyer assists eligible people who have been denied coverage in obtaining their legal rights to Medicaid benefits.

Who is eligible for medicaid?

Medicaid is the federal program that provides healthcare benefits to a wide variety of people including uninsured individuals with low income, pregnant women, certain children and disabled individuals, and senior citizens who need nursing home care. However, in order to receive Medicaid benefits individuals must meet financial eligibility ...

Do you have to meet financial eligibility requirements for medicaid?

However, in order to receive Medicaid benefits individuals must meet financial eligibility requirements. Medicaid benefits and eligibility requirements are even more complex because each state manages its own Medicaid program while the federal government sets Medicaid policies and contributes money to the state Medicaid fund.

Do you need a lawyer for medicaid?

Medicaid recipients are not the only people who need the services of a Medicaid lawyer. Oftentimes the legal guardian of a child or the caregiver for an elder must act on their behalf to obtain Medicaid benefits or handle other Medicaid problems.

Can a lawyer file an appeal for medicaid?

A Medicaid lawyer may also file an appeal if a Medicaid application is stalled in the system and has not been reviewed in a timely fashion. A Medicaid recipient may have trouble with the care and services received from a health organization authorized to provide Medicaid services.

Is Medicaid a bureaucracy?

Medicaid is a bureaucracy that is a partnership between the federal and state governments with services provided by huge healthcare corporations. It’s easy to understand how mistakes, delays and denials can occur.

How much does a Medicaid planner cost?

With some planners, there are no costs associated with their services. Though applicants should be cautious in this situation). At the other end of the spectrum are Elderlaw Attorneys whose fees can be as low as $3,000 and as high as $10,000. This is a high cost for a family that is struggling to pay for care. However, as attorneys will point out, the cost is often less than the cost of one month of nursing home care. The American Council on Aging website provides a good in-depth analysis of the types of Medicaid Planners and their associated fees.

How long does it take to get Medicaid?

A plan is built, discussed, and modified as needed. Putting the plan into action can take longer. Depending on the strategy, it can take several weeks or months, even up to 6 months in some cases. In situations where there is an immediate need for Medicaid care, the Medicaid application documentation can be prepared concurrent with the execution of the plan. In some cases, Medicaid coverage can even be made retroactive.

What is the Medicaid eligibility factor?

As an example, in many states, one Medicaid eligibility factor is the value of one’s countable assets. The limit is approximately $2,000 for a single applicant. It is not necessary to hire a planner if the applicant has less than $2,000 in countable assets. In addition, free application assistance would be available.

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.

How long does it take for a mistake to affect Medicaid eligibility?

It is worth noting that a mistake in planning can impact eligibility for as long as 5 years (2.5 years in California). This is because Medicaid has a look-back period. If one is not confident in their family’s ability to manage some complex legal and financial techniques, using a planner is advised.

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.

Can a non-applicant spouse be on Medicaid?

In addition, they manage finances to ensure a healthy spouse (a non-applicant spouse) has adequate income and resources to continue living independently during and after the time when their partner is receiving care assistance.

Can trusts be protected from medicaid?

All trusts are not "protected" from Medicaid. If this is a complicated situation, then an elder law attorney is probably a good idea. Having recommendations is also good. As Bob mentioned, you can make an appointment with Medicaid to ask questions so that is an option.

Do you have to spend down your assets for Medicaid?

Unless both spouses need nursing home care, you shouldn't need to spend down their assets; Medicaid regulations require only that the assets be held in a way that complies with the laws and regulations in your state that protect Medicaid applicants and their spouses.

Can a non-lawyer advisor be a Medicaid beneficiary?

The New Jersey Committee said that these non-lawyer advisors "may not provide legal advice on strategies to become eligible for Medicaid benefits, including advice on spending down resources, tax implications, guardianships, sale or transfer of assets, creation of trusts or service contracts, and the like.".

Do nursing homes have medicaid?

Most nursing homes have a Medicaid Specialist who helps you fill out and apply for the Medicaid. My husband is in a Veteran's Home and the girl who helped was wonderful and put me completely at ease even though it is a complicated and stressful process. We applied in December and it was not approved until May 1st.