Question: What Is a “Medicare Set-Aside” and When Do You Need One? Answer: If you are injured because of someone else’s negligence, you may have to resort to a personal injury lawsuit in order to obtain payment for the medical care you will need in the future and to compensate you for your pain and…
Question: I currently receive federal disability benefits and Medicaid. Can I own my own car? Answer: Yes. If you receive Social Security Disability Insurance (SSDI), there is no limit to how many cars you can own. If you receive Medicaid or Supplemental Security Income (SSI), you are allowed to own one car. We have a…
Question: My wife and I have just become agents under a power of attorney for her parents. They are both in their late sixties, and her mother has just been diagnosed with terminal cancer. We moved them into a retirement home so her mother can get the extra help she needs. After gaining access to…
Question: Gifting assets to your grandchildren can do more than help your descendants get a good start in life; it can also reduce the size of your estate and the tax that will be due upon your death. Answer: Gifting assets to your grandchildren can do more than help your descendants get a good start…
Question: Is there a waiting period or penalty if I sell my mother’s house and car ($90,000), so she can qualify for Medicaid to use for assisted living or a nursing home? Answer: No, there is no transfer penalty or waiting period if an applicant for Medicaid benefits sells property at fair market value and…
Question: I needed to have surgery while I was negotiating the establishment of a Medicare Set-Aside to hold funds from a workers’ compensation claim. Now both workers’ comp and Medicare are refusing to pay for the bill. Who pays? Answer: From the facts stated, it appears that Medicare is probably responsible for this claim, but…
Question: When I first received Social Security Disability Insurance (SSDI) in 2009, I missed receiving Supplemental Security Income (SSI) by two dollars. Am I eligible to receive both now? Answer: In general the Social Security Administration (SSA) will let you know each year by letter which programs you qualify for. With such a close amount,…
Question: Can you prepare a will and special needs trust online without a lawyer? Answer: It is theoretically possible to draft a will and special needs trust without a lawyer, but this is not a good idea because it could compromise your loved one’s ability to access critical government benefits, possibly forever. If you have…
Question: What expenses can’t a special needs trust pay for? Answer: Special needs trusts are designed to supplement, not replace, the kind of basic support provided by government programs like Medicaid and Supplemental Security Income (SSI). Special needs trusts pay for comforts and luxuries — “special needs” — that could not be paid for by…
Question: What happens if a Medicaid recipient in a nursing home marries a healthy bride? Is the new spouse entitled to any of the nursing home resident’s Social Security or pension during his life or can she receive it as a surviving spouse? Answer: The fact that the groom lives in a nursing home at…
