Medicaid is a need-based government program that provides financial support for seniors in need of long term care. That care can take the form of in-home care, long term care facilities, hospices or nursing homes. There are many restrictions on who can qualify for Medicaid programs, and they vary widely from state to state.

Who Is Eligible for Medicaid?

Medicaid is both needs-based and subject to financial requirements. In order to qualify, you must meet both. This means you must have a need for the care level that is being provided, and your income and assets must fall below a certain threshold. If they do not, then you are not going to qualify for Medicaid.

If you have time to plan, the elder law attorneys at Stano Law Firm can assist you with the specifics of setting up your assets to be able to qualify for Medicaid. Sometimes you are not given that opportunity, which requires you applying without proper preparation. This can lead to your Medicaid request being denied.

 

Keep in Mind the Look-Back Period

One important thing to remember is the Medicaid look-back period. While the length of time that this period extends to can vary from state to state, the result is the same. Medicaid will look back over your finances for some period of years, and any gifts or expenditures that exceed allowed amounts will be counted against your assets. This can include things like cars, property, art of value, jewelry and any other items that were given away; it doesn’t matter the circumstances.

 

What to Do if You Are Denied

Recourse in cases where your claim is denied, again, will depend from state to state. In most cases you are allowed to appeal the application in what is called a Fair Hearing. This means that you must present your case in a court room setting before a judge. Medicaid will also have someone there to argue against your case and attempt to explain why benefits have been denied.

During this hearing you will be given an opportunity to explain your case to the judge and board. Any specifics that make your case unique should be brought up during this time. Also, any special reasons that might apply to your application that were overlooked should also be brought up and discussed.

Remember that this is a formal hearing. With the complexity of the laws that are involved in Medicaid cases, you should look for legal assistance when appealing your claim.

 

Contact Elder Law Experts for Medicaid Assistance

The best way to handle your Medicaid fair hearing or appeal is by contacting an elder law professional. For assistance with Medicaid cases or any other elder law issues, contact the experts in elder law at Stano Law Firm today.