why do i need an attorney for very little spend down for medicait

by Demetris Wiegand II 10 min read

Second: The attorney should help the family save money during “spend down” before the application is submitted. Spend down means that the applicant has only $2,000 at the time of application. If an average suburban married couple follows the advice of most nursing homes they may spend over $100,000 at the nursing home before applying for Medicaid.

Full Answer

How can a power of attorney help with Medicaid spend down?

Feb 20, 2020 · A Medicaid planning attorney helps clients to sort through the various options, many of which can be quite complex and may affect one senior differently than they do another. Here is a closer look at why it is wise to consult with a lawyer when considering how to pay for care later in life: 1. It Avoids a Conflict of Interest. When a senior or their family members is …

What does a Medicaid lawyer do?

Sep 19, 2018 · Why Do I Need an Elder Law Attorney for Medicaid Eligibility? Just this week I received two emails from prior clients with issues related to a Medicaid application filed by a non-attorney. In both cases, I can help correct the errors, but the errors would not have been made if the person filing the application had advised the person to seek the ...

Should I hire an attorney for Medicaid Planning?

Jul 27, 2020 · The short and simple answer is no, a lawyer is not needed to get Medicaid. However, based on one’s marital status, financial holdings, and complexity of other relevant factors, it may be best to hire an attorney who specializes in …

How can I spend down my Medicaid?

May 23, 2018 · The belief is, they must spend down to less than $2,000 before they get assistance. Some really don’t understand how it works; just paying out of pocket seems to be the logical thing to do. Some believe that it is their patriotic duty to spend it all for the care of their loved one – spending even to the detriment of themselves or other ...

How can I hide money from Medicaid?

5 Ways To Protect Your Money from MedicaidAsset protection trust. Asset protection trusts are set up to protect your wealth. ... Income trusts. When you apply for Medicaid, there is a strict limit on your income. ... Promissory notes and private annuities. ... Caregiver Agreement. ... Spousal transfers.Jun 29, 2018

What is the asset limit for Medicaid?

$2,000Generally, a single Medicaid applicant who is 65 or older may keep up to $2,000 in countable assets to qualify financially. Medicaid programs consider certain assets to be exempt or “non-countable” (usually up to a specific allowable amount).Feb 3, 2022

What is the lowest income to qualify for Medicaid?

OverviewIncome Eligibility Criteria. A single individual, 65 years or older, must have income less than $2,523 / month. ... Asset Requirements. ... Level of Care Requirements. ... Nursing Home Eligibility. ... Assisted Living Eligibility. ... In-Home Care Eligibility. ... Options When Over the Income Limit. ... Options When Over the Asset Limit.More items...•Dec 6, 2021

How much money can you have in the bank to qualify for Medicaid in NY?

For example, a single person can have up to $15,750 in resources and still qualify for Medicaid. A family of two can have up to $23,100. For non-disabled individuals under 65 who don't receive nursing home care, there is no limit to the amount of assets they can own; Medicaid simply looks at their income.Mar 25, 2020

What is Medicaid eligibility?

Medicaid beneficiaries generally must be residents of the state in which they are receiving Medicaid. They must be either citizens of the United States or certain qualified non-citizens, such as lawful permanent residents. In addition, some eligibility groups are limited by age, or by pregnancy or parenting status.

What do I need to apply for Medicaid?

What are the basic requirements to qualify for Medicaid?Aged (65 or older), Blind or Disabled.Application for other benefits.Citizenship/Qualified Alien status.Valid social security number (SSN)Residency.Assignment of medical benefits to the Division of Medical Assistance (DMA)

What is the highest income to qualify for Medicaid 2022?

The state with the highest income limits for both a family of three and individuals is Washington, D.C. If you live in this area, a family of three can qualify for Medicaid if their income is at 221% of the FPL....Medicaid Income Limits by State 2022.StateAlaskaParents (Family of 3)138.00%Other Adults138.00%2022 Pop.720,76349 more columns

Do you automatically qualify for Medicaid with disability?

If you get SSI Disability and don't have Medicaid In many states, SSI recipients automatically qualify for Medicaid and don't have to fill out a Medicaid application. In other states, your SSI guarantees you Medicaid eligibility, but you have to sign up for it.

How do I check my Medicaid status?

Verify your enrollment onlineLog in to your HealthCare.gov account.Click on your name in the top right and select "My applications & coverage" from the dropdown.Select your completed application under “Your existing applications.”Here you'll see a summary of your coverage.More items...•Aug 24, 2017

Can Medicaid take your house in NY?

Answer: No. Medicaid won't force you out of your house. Your home is an “exempt” resource for the purpose of determining Community Medicaid eligibility.Dec 13, 2017

What is poverty level income in NY?

New York City has tallied its own poverty measure since 2005, set higher than the federal poverty line to account for higher costs of living. In 2019, the threshold was $36,262 in annual income for a household of four, while the federal threshold was $25,926.Jan 3, 2022

What is considered low income in upstate NY?

A salary of $58,450 or less annually is now considered low income in the New York Metro Area. If you are a single New Yorker earning $58,450 or less per year, you fall under the low income category, according to 2018 estimates released last month by the U.S. Department of Housing (HUD).May 17, 2018

Qualification

  • Also, as previously discussed, an applicant must have assets, also called resources, under a certain amount to qualify for Medicaid. However, being over the asset limit does not mean one cannot qualify for Medicaid benefits. When considering ones assets, its important to be aware that some assets are exempt, or said another way, not counted towards the asset limit. (Further …
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Issues

  • Not all assets held by the applicant are counted towards Medicaids asset limit. When determining if one is over the asset limit, its critical to know which assets are counted and which are not.
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Terminology

  • Countable (non-exempt) assets are counted towards the asset limit. They are also sometimes referred to as liquid assets, which are assets that are easily converted to cash. Countable assets include cash, bank accounts (checking, money market, savings), vacation houses and property other than ones primary residence, 401Ks and IRAs that are not in payout status (depending on t…
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Example

  • It is fairly standard that a single elderly applicant is limited to $2,000 in countable assets, but again, this figure varies based on the state in which one resides. For instance, in Maryland, single applicants can keep up to $3,000 in assets, Mississippi allows up to $4,000 in assets, and New York has a much higher asset limit of $15,450 (in 2019).
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Advantages

  • When only one spouse of a married couple is applying for nursing home Medicaid or long-term care via a Medicaid waiver, the non-applicant spouse, commonly called the community spouse, is able to retain a higher number of assets. As of 2019, this figure, called the Community Spouse Resource Allowance (CSRA) can be as great as $126,420. That said, there are a few exceptions, …
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Statistics

  • The CSRA is further complicated by the fact that some states are 50% states, while others are 100% states. In very simplified terms, in 50% states, the community spouse can keep up to 50% of the couples assets, up to the maximum allowable amount. (As mentioned above, this figure, as of 2019, is $126,420 in most states). There is also a minimum resource allowance, which as of 201…
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Risks

  • If an applicant is over the asset limit for Medicaid eligibility, spending down excess non-exempt assets becomes paramount. As mentioned above, one must proceed with caution in order to avoid violating Medicaids look-back period, which is 60-months in every state but California. (California has a 30-month look-back period). Fortunately, there are many ways for one to spend …
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