VA Benefits and QITs – Part 1
We have many clients who first qualify for the VA Aid and Attendance benefit to help pay for their long term care and then when their remaining assets are spent down, they must apply for Medicaid. As I have written about previously, Medicaid has a strict income cap ($2349 in 2020). If
Funeral Expenses and Medicaid – Part 2
Funeral Expenses and Medicaid (Part 2) This week’s post details the more common option when it comes to setting aside funds for a funeral before spending down towards Medicaid eligibility. Last week I explained that $1500 can be set aside for burial as long as it is specifically designated and not commingled
Funeral Expenses and Medicaid
Whenever I talk to a family whose loved one is close to spending down the required amount of assets to qualify for Medicaid, the topic of burial expenses comes up. Most people are aware that Medicaid permits setting aside funds to cover the burial but many are a bit fuzzy on
N.J. Court Gives Guidance on Hiring Aides – Part 2
In my post last week, I set out the facts of a recent Appellate Division case covering a situation I see frequently in my elder law practice – the payment of home health aides and how it affects Medicaid eligibility. The Medicaid applicant, D.Z. paid her aides almost exactly the way countless people I have
Filing a Medicaid Application? Better be Prepared for a Battle (Part 2)
In last week’s post, I started to tell you about what has been happening with increasing frequency to the Medicaid application process. Denials have become almost routine and for reasons that range from flat out incorrect to the bizarre. For example, last week we received a Medicaid denial for failure to provide a deed or
Filing a Medicaid Application? Better Be Prepared (Part 1)
Even before the current pandemic, getting a Medicaid application approved was increasingly challenging. Now, with some government staff working remotely and many government offices short staffed because of social distancing requirements, it has not gotten better. What we are finding in our office is that applications that should clearly be approved are being denied. In
2020 Medicaid Penalty Divisor
Many of my articles concern Medicaid and avoiding or trying to minimize a Medicaid penalty. That penalty, which is a waiting period for benefits is a result of a mathematical calculation. The amount of any transfers for less than fair value is divided by the Medicaid divisor to get the resulting penalty. The divisor is what
Is the Stimulus Payment Counted by Medicaid
Last week I gave you an overview of the CARES Act and specifically how it affects seniors. A few days later people began to receive their $1200 stimulus payments directly deposited into their bank accounts, the part of the aid package that gives a one time payment to anyone who had $75,000 or less
Document Signing During Covid-19 Crisis
As of this writing we are in the midst of a pandemic the likes of which none of us living today has ever experienced. Historians tell us that the Spanish Flu epidemic from 1918 to 1919 comes the closest. Government shutdown of nonessential businesses has caused widespread disruptions and affected people and businesses in
Problems When Renewing Medicaid – Part 1
I have written a few times about the problem of keeping Medicaid once you have been approved. There are a number of rules and regulations that – if violated – could cause the loss of benefits. A recent case in our office illustrates another way that we haven’t previously experienced. We applied for Medicaid for