My mother used to be eligible in the income side of things until she started getting SSDI and now she makes too much according to Medicaid. She is in a nursing home. I am in Texas so I can't do a spend down. I know there is a Qualified Income Trust but the problem is I lost my job and I am unemployed and cannot absolutely afford a lawyer, not even one that will charge $100. What options do I have?
Is the Social Work/Business office at the Nursing Home helping you apply for Medicaid?
The nursing home applied for the medicaid for her. The only part I took in was to provide documents like bank statements and copies of ID
My mom paid 12K per month for 4 1/2 years in a NH. That's what she and my dad saved for.
But one problem that I noticed and confused about is on the back of the letter, they list out all of her assets for each month all the way back from november of last year (when she first got ssdi) to march. More than half of the amount of her assets since then the nursing home took to pay for her stay there. Maybe the november date was the original date the initial medicaid application was sent in so all the asset amount from that date was counted?
You say Mom has no savings. No IRAs or CDs? What about insurance policies other than employer. Medicaid will ask that insurance policies, not held by an employer, be cashed in for her care or prepay a funeral. So if Mom has none of this, all she is getting is SSD. The amount is more than allowed by Medicaid? Then I think a Miller trust comes in but you need a lawyer. Spend down comes when she has money. With my Mom, I paid 2 months in NH and then Medicaid took over. She was below the 2k NJ allows.
The problem is I am unemployed and cannot afford a lawyer. I'm sure New Jersey is one of those states that don't have an income cap like Texas has. I don't know. I thought a spend down is not allowed in Texas but I'm being told on here that you can do that. Spending down would be ideal since the money could go to the nursing home to keep her asset amount down and there is no expensive attorney involved. Without her SSDI check she has less than $1500 in assets (her IRA).
For the Medicaid eligibility, you can talk to the state worker, who are not always helpful, or speak to her local Area Agency on Aging. They help Seniors, but also those receiving SSDI. They should be able to help you straighten out what she is eligible for.
That account is more than likely the issue.
Have you seen the application? It could be a simple error. If your mom has assets, legal assistance would be a legit expense, she should pay for the attorney, not you. Can you take the time to go to her to help? I know money is an issue but the bus or train could be affordable and maybe the attorney could figure out how mom could legitimately pay your expenses.
Good luck getting this sorted out.