what do i need when meeting with medicaid lawyer

Here are some items to bring to your first meeting with a disability lawyer: Medical Records Your medical records are vital to your Social Security disability application. The SSA has strict requirements as to what conditions qualify for benefits.

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What does a Medicaid lawyer do?

Oct 27, 2016 · Preparing to Meet with a Burlington Medicaid Lawyer. Preparing to meet with a Burlington medicaid lawyer can allow you to make the most productive use of your time and can help you to ensure that you get the help you need. Your attorney will let you know specifically if there is anything you should do before the meeting or anything that you should bring with. In …

Do I need a lawyer or a Medicaid planner?

Jan 11, 2022 · A Medicaid planning lawyer in Florida should have solid knowledge and experience when it comes to restructuring assets to comply with Medicaid requirements, and they can help you save money. If you were to pay out-of-pocket for long-term care today, it would cost you at least $8,000 a month, and within 12 months a significant portion of your life savings (if you had …

Can I hire an attorney to file a Medicaid application?

Although there is no requirement that an attorney file a Medicaid application on your behalf, it is always helpful to have an advocate on your side who knows how to complete the application and who can communicate with the Medicaid caseworker after your application has been submitted.

Do elder law attorneys provide Medicaid planning services?

Jan 29, 2021 · The average cost of nursing home care in Illinois is $11,250 per month. You can’t simply assume you’ll never need nursing home care. Even if you tell your family that you don’t want to be placed in a nursing home, some conditions make at-home care nearly impossible. Estate planning and Medicaid attorneys can help you create contingency ...

Should I Plan For Nursing Home Assistance Through Medicaid?

You may think, “I’m healthy now; why would I even consider a nursing home?” But, we can’t ignore that nursing home care is the primary means by which a chronic long-term illness Medicaid patient is cared for when home treatment is not an option.

Are My Finances Reviewed To Determine Medicaid Eligibility?

Medicaid is a government program, but the eligibility requirements are set at the state level. The review process is exhaustive and includes a review of your financial history going back five years.

What If I Need Medicaid Eligibility Now For Nursing Home Costs?

Unfortunately, it’s not that simple. If you’re not already covered under Medicaid, the review process can take time. However, for those over 65 and older, there are dual Medicare and Medicaid plans under which you can qualify. The important thing here is to plan ahead.

What Happens If I Need To Appeal A Medicaid Denial?

Unless you or the person completing your Medicaid application is an expert in the process, expect the initial application to be denied. Assuming a denial is coming may seem like a pessimistic stance, but unfortunately, it happens to most first-time applicants.

Can I Complete My Medicaid Application By Myself?

You can, but hopefully, you better understand the risks of trying to apply for Medicaid without expert help. It may be difficult to justify the cost of hiring a Medicaid attorney. Still, the price pales in comparison to how much you can lose in Medicaid benefits from even a single mistake on your Medicaid application.

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.

Is it too late to apply for medicaid?

Planning for Medicaid can offer you critical protection later on. On the other hand, it's never too late to plan either. Even if a person is already in a nursing home, a Medicaid application can still be submitted.

Can you transfer assets to family members for medicaid?

Gifting assets to family members can impact Medicaid eligibility. If you transfer certain assets within five years of applying for Medicaid, you may be ineligible to apply for a period of time — known as a transfer penalty. Even small transfers can affect eligibility, so it is critical to review your transfers.

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 ...

What to do before applying for medicaid?

Before you file your application, sit down with a Medicaid attorney who can help review your assets, income, and see where you might be vulnerable. You may be able to protect some assets before you apply, and it is critical you know what rights you have and legal options to protect those assets. Failing to follow legal transfer rules could violate government regulations – something you do not want to toy around with when trying to get healthcare coverage from the government.

Do seniors need an attorney?

While you don’t need an attorney to file your application, doing so provides you and your loved ones with numerous benefits. One of the biggest reasons seniors do not use attorneys is not because they don’t need one, but because they are afraid of how much it would cost them. In reality, an attorney can help you and your family save money ...

Do attorneys have conflicts of interest?

Attorney’s Do Not Have a Conflict of Interest. Sometimes nursing homes will refer family members and residents over to a service that helps their potential clients apply for Medicaid benefits. These services are non-attorneys, but the preparer of that Medicaid application has a serious conflict of interest.

What does an elder law attorney do?

Elder law attorneys understand how the application process works, what factors the government considers, and they make the process easier. All it takes is a missed document or error on your application to receive a denial, and the longer you delay unlocking the benefits, the harder it is on your family financially.

How much can you keep in a nursing home?

Typically, you can keep about $2,000 in assets and married couples can retain up to $3,000. Most applicants do not have to sell their home to qualify for nursing home assistance, but the state might request the house after the applicant’s death to pay back benefits. Other non-exempt assets can be forfeited when you apply for Medicaid benefits, ...