Public benefits are usually means-tested welfare benefits for people who need assistance. Typically they are taken from general tax dollars, which is why they are treated differently from entitlement programs. Public benefits include:
- Medicaid;
- Supplemental Security Income;
- Housing Assistance;
- Food Stamps;
- Unemployment Benefits; and
- VA Aid and Attendance.
Benefits you paid for through payroll deductions are entitlements. They include Medicare, Social Security Disability (SSDI), Social Security Retirement and Railroad Retirement.
Elder Law Attorneys and Special Needs Law Attorneys frequently use tools like special needs trusts or engage in Medicaid Planning to help older adults and individuals with special needs access public benefits. We’re still building this website, so if we haven’t answered your questions yet on one of our main pages or in a blog post, contact us at websupport@ezelderlaw.com.
- BLOG POSTS
Social Security Revises Policy on Recoverying Overpayments
0 commentsThe Social Security Administration pays various benefits including retirement benefits, disability benefits and Supplemental Security Income. An overpayment occurs when you receive more money than you should have been paid. In those cases, Sociai Security is required to seek recovery of the overpayment unless an exception applies allowing it to “forgive” (waive) the overpayment. Under […]
Updated Georgia Penalty Divisor Effective April 1, 2024
0 commentsEffective April 1, 2024, the statewide averaged nursing facility private pay rate used in determining the penalty period for institutionalized individuals (nursing facility and home and community-based waiver programs) who transfer assets for less than the fair market value will increase from $9,584.00 to $10,025.00.
New Form Approving Special Needs Trust Accounting
0 commentsRecently we received a document we haven’t seen before which informs Medicaid recipients that their special needs trust accounting was approved. Obviously, there is probably a different form telling some individuals that their accounting was not approved, but we haven’t seen that form yet. The new form is below:
SSI to Remove Food as In-Kind Support and Maintenance
On March 27, 2024, the Social Security Administration published a final rule in the Federal Register which changes its calculation of In-Kind Support and Maintenance (ISM). Under the prior rule, if food and/or shelter is provided to a recipient of Supplemental Security Income (SSI), the income is deemed to the recipient, reducing his or her […]
Is a Community Spouse required to name the State as remainder beneficiary of an annuity?
A Petition for writ of certiorari in the case of Dermody v. Massachusetts Executive Office of Health and Human Services is pending in the U.S. Supreme Court. The issue is “Whether an annuity that satisfies the condition in 42 U.S.C. § 1396p(c)(2)(B)(i) determining the Medicaid eligibility of a married institutionalized person must name the state […]
Georgia Medicaid Manual Updated with Transmittal 71
On November 17, 2023, Georgia issued Manual Transmittal 71, updating its Medicaid Manual, making technical changes to the following sections. The following sections were updated: 2054 – Emergency Medical Assistance 2060 – ABD Medicaid Application Processing 2101 – ABD Medicaid Classes of Assistance Overview 2111 – SSI Medicaid 2135 – Hospice Medicaid 2143 – QMB […]
Cost of Long-Term Care
For many years, Genworth has produced a Cost of Care Survey tracking the cost of long-term care in America. According to the survey, the projected national monthly median costs will be as follows: Homemaker Services: $5,417 Home Health Aide: $5,625 Adult Day Health Care: $1,847 Assisted Living Facility: $4,917 Nursing Home Semi-Private Room: $8,641 Nursing […]
2024 SSI and Spousal Impoverishment Standards Announced
On November 14, 2023, the Centers for Medicare and Medicaid Services announced the 2024 SSI and Spousal Impoverishment Standards. The SSI rate for 2024, which was previously announced by the Social Security Administration, will rise to $943. The Medicaid Income Cap will rise to $2,829. The minimum MMMNA will be $2,465 and the maximum MMMNA […]
2024 SSI Amounts and Estimated Impact on Medicaid
Effective January 1, 2024, the federal Supplemental Security Income payment amount will increase by 3.2 percent. The amounts paid to individuals and couples are below: Recipient Unrounded annual amounts for— Monthly amounts for 2024 2023 2024 a Eligible individual $10,970.44 $11,321.49 $943 Eligible couple 16,453.84 16,980.36 1,415 Essential person 5,497.80 5,673.73 472 Impact on Medicaid This […]
Medicaid Questions: Am I Eligible?
Am I Eligible for Medicaid? Recently we were asked about the following fact pattern. Parent had multiple properties in different counties. More than 60 months ago, parent gave these properties to children reserving a life estate. The question, initially, was whether parent is eligible for nursing home Medicaid. The follow-up question was whether the property […]
