Divorce and Medicaid – Part 3
In last week’s second part of my post, I laid out some basic strategies for couples who, while still legally married and living together, view themselves as separated or divorced. Unfortunately in the eyes of Medicaid you aren’t divorced unless you’ve got the Judgment of Divorce to prove it. When I tell
Divorce and Medicaid – Part 2
Last week I wrote about the recent calls we’ve received regarding couples in unhappy marriages where one spouse now needs care. Even though they may have kept their finances separate for many years, under Medicaid rules the healthy spouse’s assets will be counted as well as the ill spouse’s assets when
Divorce and Medicaid – Part 1
Divorce rates in America have steadily risen for years and much has been written about it. There are, however, many more couples in unhappy marriages who for varied reasons did not go the divorce route. For some, it may have been about being more comfortable with the life they know vs. the
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