Many people believe that a person must spend down 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.
Medicaid Planning is just like Tax Planning; however, tax planning is for the really wealthy whereas Medicaid Planning is for the rest of us – the backbone of America – the middle class.
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.
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. Medicaid appeals have to be made quickly, so if this happens to you, consult us immediately!
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, we can represent you in the fair hearing.
Miller Trusts / Qualified Income Trusts
When a Medicaid applicant’s gross income exceeds the monthly Medicaid income cap, it is necessary to establish a Medicaid Qualified Income Trust, also called 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 permissible expenditures, including 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. Medicaid will not be approved until the trust is set up.