When it comes to applying for Medicaid, it’s a complex process that can be confusing and frustrating. Medicaid has many different programs, each with its own eligibility rules and steps to apply. Regardless of what type of benefits you are seeking, all Medicaid applications require extensive personal documentation and detailed proof of income. And there are some programs that will require more documentation such as proof of assets, including sixty months of records for those assets.
We advise you on available benefits, the process required to obtain them, and knowledge regarding the provisions of the law that protect your family assets.
You are not legally required to have an elder law attorney to apply for Medicaid benefits. You can prepare the application yourself. There are also agencies and programs that may offer to submit the application for you for free or for a small fee.
However, it is advisable that you use caution when accepting this assistance because the bottom line is that you will get what you pay for. These agencies and entities are not permitted to give you any legal advice or help you implement legal strategies that may be able to protect your assets, nor are they obligated to advise you of your rights. Without the assistance of someone with thorough knowledge of elder law as it pertains to Medicaid, you could potentially be exposing yourself and your family to great financial risk.
According to the New York Bar Association, failing to use an Elder Law Attorney could expose you to the following risks:
- Failure to be fully informed of spousal rights;
- Failure to be informed of opportunities for asset protection;
- Incomplete or inaccurate application submission;
- Denial of application due to failure to provide information;
- Failure to be informed of consequences of prior actions;
- Imposition of a penalty period for which mitigation strategies could have been implemented;
- Failure to have a dedicated advocate working with you through the process.
Applying for Medicaid should not be left to chance because the results could have a significant impact on your financial future. This is why your Medicaid application should be entrusted to experienced elder law attorneys, such as the team at Haas & Zaltz, LLP.
We will walk through the process with you step-by-step and will assist with gathering all the necessary data and documents necessary. We will also with the Department of Social Services to resolve any issues that come along the way. We will do everything in our power to help you application get successfully approved.
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