Long Island Elder Law & Estate Planning

Many people are interested in the rules for Medicaid disability benefits. Being disabled often means you cannot work, you have high medical bills, and you struggle to afford medical care. If you find yourself in this situation, you need to know what the rules are for Medicaid eligibility while you are receiving disability benefits. medicaid disability

Mark S. Eghrari & Associates PLLC understands the rules for Medicaid eligibility and can provide you with comprehensive information on how to make sure you can get your medical needs covered.

You have options for making a Medicaid plan that can help make it easier for you to get Medicaid to pay for your care when you need it, but you also need to know how being on disability can impact your access to Medicaid benefits. To find out more about Medicaid disability rules, give us a call today.

Medicaid Disability Benefits Rules

Your ability to qualify for Medicaid is going to vary depending upon which program you are receiving disability benefits through. Many people obtain disability benefits from the Social Security Administration (SSA), while some people receive disability income through workers’ compensation or through a private disability insurer.

If you are receiving disability benefits through workers’ compensation for a work injury, your workers’ comp benefits should cover your medical care for all health issues arising from your work injury. With coverage through workers’ comp for medical care, you may not need Medicaid. If you still want or need Medicaid coverage to supplement the care that workers’ comp is paying for, your ability to qualify will depend upon your income and resources.

If you are receiving disability benefits through private insurance, your income will also be determinative regarding whether you are eligible for Medicaid. The amount of countable assets you own is going to matter as well. Medicaid is a needs-based program and people with too many resources or with high incomes cannot get benefits coverage.

For individuals receiving benefits through the Social Security Administration, the rules for Medicaid disability benefits are different. In the state of New York, if you are eligible for and receiving Supplemental Security Income (SSI), the Social Security Administration indicates that you will automatically become eligible for Medicaid. SSI, like Medicaid, is a needs-based program with both income and resource limits.

Social Security Disability Insurance (SSDI) is another alternative to Supplemental Security Income which also provides disability benefits through the Social Security Administration. Unlike Supplemental Security Income, SSDI is NOT needs based. You can get disability benefits even with higher incomes and family resources if you have earned enough work credits to qualify. If you are receiving disability benefits through SSDI, you can get medical care covered through Medicare after 24-months of qualifying for SSDI benefits.

How to Get Medicaid Coverage When You Need It

If you are concerned that you may need Medicaid coverage and that you have too many resources to qualify for benefits, you should talk with a Medicaid disability planning lawyer. Mark S. Eghrari & Associates PLLC can help you to understand what the rules are for qualifying for Medicaid and can assist you in determining if you can qualify within those rules based on your level of income.

If your level of resources is too high, an experienced attorney can help you to determine how to structure the ownership of your assets so you can still qualify for coverage while protecting your personal and real property.

Medicaid provides coverage for things that are not covered by other insurers, such as routine custodial care in nursing homes (other insurers, including Medicare, usually only cover skilled care). Being able to get qualified for Medicaid when you need it is vital to asset protection.

Getting Help from A Medicaid Disability Planning Lawyer

Mark S. Eghrari & Associates PLLC can provide you with assistance in making a plan to protect your wealth, and to protect yourself and your family, in case you become disabled or in case you experience any type of medical emergency. In addition to making a plan to get coverage from Medicaid if you need nursing home care or other costly care, our legal team also provides you with assistance in making advance plans regarding the kinds of care you will receive if you get hurt and in making plans to protect your assets and autonomy in case of incapacity.

Download our estate planning checklist to find out more about Medicaid planning. You can also give us a call at (631) 265-0599 or contact us online to discover the ways in which a Medicaid planning lawyer can help you.

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About Mark S. Eghrari, Estate Planning Attorney

Mark S. Eghrari is an attorney in private practice in Smithtown, New York. He has been in practice since 1988. Mark S. Eghrari provides extensive estate and tax planning services to individuals and businesses. Mr. Eghrari’s primary focus is helping clients avoid probate, minimize or eliminate Federal and State Estate taxes and protect their assets from the high cost of nursing care, if they become ill.