by Ira M. Leff, Esq.
March 17, 2010
Those who think that Elder Law simply involves planning and transactional support are missing a key element of the practice. Over the last few weeks, I have represented several clients who needed an advocate on their side in order to receive what they were entitled to from Medicaid.
In Case A, I represented the Estate of deceased Medicaid recipient. The Estate Recovery Department (ER) filed a claim for $116,000 against the Estate. I was able to persuade ER to accept a new valuation of the real property and to use the IRS life estate tables rather than the Medicaid tables. In so doing, we agreed to a recovery of less than $33,000.
In Case B, DFCS denied an application for Community Care Medicaid (CCSP) because the applicant's son, who had received a gift from the applicant (A/R) was depositing gifts back to A/R directly into the Qualified Income Trust. DFCS relied on a rule which prohibits direct deposits into a QIT. See MEDICAID MANUAL§ 2407-2. I was able to convince the agency that direct deposit means assigning income to the QIT, not depositing a check in the QIT without first putting it in A/R's checking account.
In Case C, DFCS denied an application because A/R received a lump sum V.A. check for back benefits. DFCS allocated a portion of the check to each of the months which it covered and argued that A/R was over the income limit. I cited MEDICAID MANUAL § 2418-2, which says that a V.A. lump sum check is counted as income for the month of receipt in both the eligibility and patient liability budgets.
Case D is a follow-up to last week's ELM. As you may recall, we questioned whether transfers to a disabled child had to go into a trust for the child's sole benefit. I learned from Patrick Smith of Martinez, that Federal law permits outright gifts to disabled children while Georgia does not. I contacted Ginger Henry of DHR about the discrepancy. She responded that this problem will be corrected in the May 1, amendment to the Manual.
Please click on any of the categories below to read more related Elder Law Minutes.
If you would like to join my mailing list, please click here.
Elder Law Minute is written and distributed by Ira M. Leff and Associates. The information contained therein may not be altered, appropriated, duplicated or transmitted without the express permission of Ira M. Leff. Information contained in this website is general in nature and not intended as legal advice. Visiting this website does not create an attorney-client relationship. Legal advice should be obtained before any action is taken based upon information in this website. Sending an inquiry to our firm does not constitute engagement of our services nor does it establish an attorney-client relationship.
Copyright © 2008–2013 Ira M. Leff, Attorney at Law. All rights reserved.
1722 Pinetree Circle / Atlanta, Georgia 30329 /
Direct dial: 404.633.1801 / Fax: 404.633.1830
Website design by Click Design
. Website Maintenance by
If you have any questions or issues regarding this website please contact