Bridgewater Medicaid Lawyer

Healthcare costs can be overwhelming, especially if you have complex medical needs or require long-term care. Sometimes, clients tell us that these expenses are financially devastating, even if they make a good living or have saved carefully for retirement.

If this sounds familiar, you may be in the process of considering and applying for Medicaid, or you are worried that you won’t be tagged as eligible for it. The application process is complex, and many people seek guidance on how to get approval.

Van Dyck Law Group provides support to individuals exploring their Medicaid options. Our dedicated Bridgewater Medicaid lawyers are more than willing to help you establish eligibility and assist you in safeguarding your assets while maintaining access to Medicaid benefits.

Whether you’re planning for future long-term care or responding to an urgent situation that involves a loved one, our team is here to provide knowledgeable and strategic legal guidance tailored to your specific circumstances.

What Does a Bridgewater Medicaid Attorney Do?

First, we’ll learn about your situation and address any questions you may have about how Medicaid works. Many people are unfamiliar with Medicaid until the time comes when they need to apply for it.

When this situation comes your way, we want to ensure you have all the necessary information.

In New Jersey, Medicaid services and supports are accessible to individuals who meet specific financial and medical eligibility criteria. Suppose you are 65 or older, or you are blind or disabled, you may qualify for Managed Long Term Services and Supports (MLTSS).

This service and support is a component of the broader Medicaid program, and provides appropriate documentation that verifies your level of need.

However, enrolling in Medicaid can have certain financial implications, making it essential to consider asset protection strategies as part of the planning process. As a result, your Medicaid attorney will explain the requirements and, if necessary, we may discuss your options for handling assets.

How Do Your Assets Affect Your Medicaid Eligibility?

Medicaid eligibility is determined by comparing your income to a percentage of the federal poverty level (FPL), which changes annually. However, some of your assets may also be counted as part of your income.

For this reason, a person with limited income might still be ineligible if they have valuable assets.

Some assets, like a primary residence or vehicle, are considered exempt, or not counted toward your income for Medicaid eligibility purposes. Yet, there are still some rules regarding these exempt assets, so you really need to check and consult with a Medicaid planning lawyer to make sure they’re exempt.

Here are some examples of assets that are typically considered exempt:

• One car or truck that is regularly used by you or a member of your household for transportation.
• Your main home, provided your spouse continues to reside there. If the property remains unoccupied for more than six months, its exempt status may be reconsidered. This can sometimes be problematic for people who have moved into a long-term care facility.
• Burial spaces and certain prepaid funeral arrangements may be excluded from asset calculations.
• Everyday household goods and personal items are typically not counted toward Medicaid asset limits. However, you should check with your Medicaid lawyer if you own any highly valuable personal belongings.

How a Bridgewater Medicaid Planning Attorney Helps if Your Medicaid Application is Denied

We understand how upsetting it can be to receive a Medicaid denial when you need coverage and access to care. Some people decide to call Medicaid or file an appeal on their own.

While we can actually take action on our own, these efforts are often unsuccessful. You may spend hours on hold or wait weeks or months to receive another denial.

Instead, we recommend you consult a Medicaid planning attorney. With our knowledge of the Medicaid system, we can help you determine why your application was rejected.

Few common issues that can lead to Medicaid denial

• Clerical errors. Medicaid applications can be arduous, and it’s easy to misunderstand some questions or enter an answer in the wrong space. If you’re not tech-savvy, the online application can be even more challenging. The bottom line is that it’s easy to make a mistake or file an incomplete application. Thus, allowing a legal representation to assist you, the errors can be easily identified and fixed. As a result, there’s a good chance that your next application will be approved.
• Your income and assets are too high. As discussed earlier, your Medicaid law firm may be able to identify solutions that will allow you to access Medicaid, such as placing assets in a trust.
• Previous asset transfers. Medicaid typically reviews any asset transfers from the past five years, called a “Look Back Period.” If you gave assets in the form of a gift or sold them below fair market value during this period, Medicaid may penalize you. Generally, this penalty is temporary, but depending on the amount of the assets in question, you could experience months or even years of ineligibility. This is why we advise you to consult an attorney before disposing of assets, so we can help you avoid penalties.
• You don’t meet the functional criteria or require a Nursing home level of care (NHLOC). This does not make you ineligible for Medicaid overall, but it could cause an application for nursing home care to be denied. If you believe you meet this standard but were denied incorrectly, please consult with an attorney immediately. An attorney can review your case to determine why you didn’t meet the criteria, and, if we believe the assessment was incorrect, we can challenge the denial.

Questions to Ask an Elder Care Lawyer About Medicaid

Here are some questions to discuss with your Medicaid lawyer:

When Should You Start Medicaid Planning?

Right away. If you start planning before you need Medicaid, you’ll have more options, and it will be easier to protect your assets. Unfortunately, if you wait until you need care, it may be more challenging to preserve assets and maintain eligibility.

Is it True That Medicaid Can Recover From Your Estate?

In some cases, yes. The New Jersey Division of Medical Assistance and Health Services (DMAHS) has the authority to pursue reimbursement for long-term care expenses from a Medicaid recipient’s estate.

This means they may file a claim against the person’s property, placing a lien and seeking recovery after the person has passed away. However, careful estate planning can help to avoid this situation.

What Is the Biggest Financial Threat in Retirement?

There are many potential financial threats for seniors, but long-term care is frequently one of them. Unfortunately, many retired people spend all their savings on care before qualifying for Medicaid.

Again, you can protect your financial security by planning ahead for Medicaid and long-term care.

What Is the Difference Between Medicare and Medicaid?

Both are health insurance programs that seniors may qualify for, but they have important distinctions. Medicare is intended for those 65 and older, and some adults with disabilities.

Medicaid is for people of all ages who have limited income and assets.

It’s helpful to remember that Medicare covers a number of medical expenses, such as doctor’s visits and hospital stays, but will not pay for long-term care in a nursing home. Additionally, it may cover a short stay in a skilled nursing facility in some situations.

Medicaid often covers the full cost of nursing home care, but some people have difficulty meeting the eligibility requirements. An experienced elder care law attorney can help you identify income and asset overages and develop a plan to address them.

If You’re Approved for Medicaid, Will it Pay Your Medical Care Expenses?

In many cases, Medicaid covers the full cost of medical care, including the room and board in a nursing home. However, to qualify for Medicaid, you will first need to undergo a screening to assess whether a nursing home is necessary.

Usually, this is conducted at your home by a nurse or social worker who will work to determine if you need help with three or more activities of daily living (ADL), such as eating and dressing.

There may still be some additional costs not covered by Medicaid. For instance, nursing home residents are often expected to purchase their own toiletries and personal care items.

Does Medicaid Cover Assisted Living or In-Home Care?

Yes, Medicaid provides coverage for assisted living and in-home care. In some cases, you may receive home care services in an assisted living facility.

You can also be eligible for the New Jersey PACE program (Program of All-Inclusive Care for the Elderly), which helps older adults who qualify for nursing home care stay in their communities.

However, there are several criteria you will need to meet:

• You must be on Medicare, Medicaid, or both
• A PACE organization must serve your area
• You should be at least 55
• You’ll have to meet the NHLOC criteria
• You need to be able to live safely at home; if not, a nursing home may be the best option

Get a Case Consultation at Van Dyck Law Group

When you or someone close to you is dealing with Medicaid concerns, Van Dyck Law Group is here to support you.

Our skilled Medicaid planning attorneys are prepared to walk you through your choices, answer your questions, and create legal documents that align with your wishes.

We recognize the challenges associated with applying for Medicaid and are committed to providing clear, compassionate assistance throughout the entire process. You can reach us at (908) 201-0629.