Show #387 Airing Sunday, 5/13/07
The Medicaid Application process can be difficult in the best of circumstances. But it can become downright miserable when a county caseworker is either nasty or incompetent. Here to share a true story of Medicaid misery is my law partner, Jennifer Peck.
Question: Jennifer, let's get right to it. Tell us what happened.
Answer: This is a tragic case. The mom (I won't use her name to protect her privacy) is in a nursing home, and she's been denied Medicaid, leaving her without any money and without any way to pay the nursing home. She could be put out on the street. And the saddest thing is that she's really eligible for Medicaid. The caseworker made multiple mistakes.
Question: What did the caseworker do wrong?
Answer: The caseworker demanded the mother's 2001 income tax return. The granddaughter, who was handling the application, couldn't find it. She contacted the IRS and was told they didn't have a copy anymore, since it was so old. The caseworker didn't care and denied the application for that reason. The caseworker's action was wrong, in violation of the law. That was mistake number 1.
Question: Is there more?
Answer: Yes. The mom made a modest gift to her kids in 2002. Since the gift was more than 3 years earlier, well outside the look back period of 36 months (for gifts made before February, 2006), there shouldn't be any problem. But the caseworker misapplied the rules and decided that the mother couldn't qualify for Medicaid...for almost three more years! That was mistake number 2.
Question: There can't be more?
Answer: Sorry, but there is. Even if the gift was within the "look back period," Mom made the gift to her two disabled children. The law is clear that there's no penalty for gifts to disabled kids. But the caseworker made up her own rule, saying that the rule only applied to gifts to kids who were disabled since birth. That's absolutely wrong, and was mistake number 3.
Question: Can anything be done?
Answer: Yes. We didn't handle the application, but we'll do an appeal. And I'm confident we'll get this straightened out. But an appeal shouldn't be necessary. The family is being put through needless anxiety, trauma, work, and expense. All because the caseworker was either nasty or incompetent. My advice to G.O. viewers is to consider having a lawyer prepare and handle the initial application. Caseworkers do sometimes make mistakes, and a lawyer may be able to set the caseworker straight before your application is mistakenly denied.
Filing a Medicaid Application is not simple. And a mistake can cost you and your family thousands of dollars. For more information, or for help with Medicaid, give Jennifer a call. The number's next.
