Public Benefits

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:

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

    News Roundup 1-21-2022

    General News Sources: Oldest person in the US reportedly dies at 115 Supreme Court declines to hear case of Delphi retirees over lost pensions Big pensions are nearly 100% funded, the healthiest they’ve been since 2008 financial crisis Pre-tax vs. Roth 401(k): There’s more to consider than you think Widow’s dilemma: When to claim Social […]

    Gross Income Used to Determine Whether Qualified Income Trust is Necessary (Ohio)

    In Merritt v. Ohio Department of Job and Family Services, Case No. CA2021-04-044 (12/27/2021), Jerome Merrit applied for Ohio nursing home Medicaid. His son, Glenn Merritt, arranged for Jerome’s admission to Heritagespring of West Cherster, using his healthcare and general power of attorney. The nursing home applied for Medicaid, but told Glenn that Jerome must […]

    Tenncare Notices

    The following notices are routinely included with other correspondence from Tenncare. Below are Tenncare’s notices regarding: (1) Estate Recovery, (2) Qualified Income Trusts, and (3) Reporting changes to Tenncare.

    Georgia Medicaid Estate Recovery Changes

    As of December 21, 2021, Georgia has changed its Estate Recovery Program rules under Title 49 O.C.G.A. § 49-4-147.1. This change is effective July as of July 1, 2018.

    Georgia Medicaid Renewals Extended Again

    As of December 15, 2021, Georgia Medicaid renewals have been extended again due to Covid-19.

    Medicare Supplement Policies for Individuals Under 65

    In Georgia and 26 other states, insurers that sell Medicare supplement insurance must also sell those policies to individuals under 65 who receive Medicare as a result of disability. Specifically, O.C.G.A. § 33-43-3(g) provides: Insurers offering medicare supplement policies in this state to persons 65 years of age or older shall also offer medicare supplement […]

    News Roundup – December 16, 2021

    General Sources: Autism Society’s Capital Connection 12-16-2021 (reviewing Build Back Better Act) National Health Care Spending in 2020: Growth Driven by Federal Spending in Response to Covid-19 (Health Affairs) House Advances Build Back Better Act (Health Affairs) Indirect Gift Tax Considerations for 2021 (The Tax Advisor) Smart moves to make with your retirement portfolio before […]

    2022 Spousal Impoverishment Standards

    The standards for the 2022 Community Spouse Resource allowance and Community Spouse Monthly Income Allowance have been updated in the document below:

    News Roundup – December 8, 2021

    General News Sources: NAELA member Janet Colliton, CELA, wrote Eligible Charity Distribution can reduce taxes Lack of special ed teachers keeps some autistic students ill-prepared for college Bob Dole remembered as champion for people with disabilities If you have a child with special needs, here’s how to plan for their life after you pass What […]

    Medicaid Liens Revisited: Gallardo v. Marstiller

    A new Medicaid lien case is pending in the U.S. Supreme Court. The question presented is “[w]hether the federal Medicaid Act provides for a state Medicaid program to recover reimbursement for Medicaid’s payment of a beneficiary’s past medical expenses by taking funds from the portion of the beneficiary’s tort recovery that compensates for future medical […]

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