Medicaid
Planning
Many
people believe that a person must spend all their
assets or give them all away three years (now five years)
before applying for Medicaid benefits.
This is NOT true! Most people can benefit from Medicaid
Planning to help preserve their assets and still
qualify for Medicaid benefits.
Medicaid Planning is a legal process of structuring
assets in a way that is permissible with the State
Medicaid rules. BEFORE you spend all your assets
or give away all your resources, contact The
Elder & Disability Law Firm of Victoria L. Collier,
PC for a consultation to learn the possibilities
of how you may preserve your hard earned assets
and still qualify for Medicaid benefits.
For more information, please read this report.
back to top^
Medicaid
Applications
When applying for Medicaid, a person must apply
for benefits with the Department of Family and Children
Services (DFCS)
in the County in which they intend to receive benefits.
For example, if a person’s residence is in
Fulton County, but they are living in a skilled
nursing facility in DeKalb County, the Medicaid
application should be filed in the DeKalb County
DFCS office for adjudication. After the application
is filed, an intake interview is scheduled for you
to provide DFCS a host of verification materials.
Click on the LIST for a detail of items that should
be taken to DFCS during the meeting.
back to top^
Medicaid
Appeals
After an application is submitted, DFCS will make
a determination which will either be Approved or
Denied.
If an application is denied, the applicant has a
right to appeal and request a fair hearing.
Sometimes the denials are in error and an appeal
is necessary to correct the error.
If you believe your case was denied
in error, contact The Elder & Disability Law
Firm of Victoria L. Collier, PC for a consultation.
We will review your documents to determine if your
case was erroneously denied.
If so, The Elder & Disability Law Firm of Victoria
L. Collier, PC can represent you in the fair hearing.
Miller
Trusts
On
September 1, 2004,
the Nursing Home Adult Medically Needy Medicaid class of assistance was eliminated.
This class of assistance permitted people to obtain nursing home Medicaid benefits
even though their gross income was above the monthly income for 2008 with a cap of$1,911.
Now the only way to receive Medicaid benefits
if a person's gross income exceeds the monthly cap
will be to establish a Miller Trust.
The Miller Trust is an "income only" trust
whereby all monthly income that exceeds the CAP per
month will be placed into the trust and then paid
to the nursing facility.
If your loved one falls into
this category, call The Elder & Disability Law
Firm of Victoria L. Collier, PC immediately to
establish the Miller Trust.
back to top^
