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Law Educator, Esq.
Law Educator, Esq., Attorney
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My husband has MS and is in a nursing home. Our medicaid application

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My husband has MS and is in a nursing home. Our medicaid application was denied because my husbands monthly income is $46 over the limit. Is there any chance we can get coverage on appeal?
You can get coverage and it is going to take a little juggling. You need to contact medicaid and get permission to set up a "Miller" or special needs trust, which allows you to put some of his income into the trust which is not used by medicaid in calculation of his assets. The money put in this trust can then be used strictly for his care. It might sound like bit of a complicated thing to do for $46, but it is really the only way to get around the medicaid income qualification rules. Upon his death anything left in the special needs trust goes to medicaid. It is not something that is really denied by medicaid, but you will need to go to legal aid or contact your local senior center for assistance in getting this set up and getting his coverage approved. You would set up the trust and put $46 or $50 a month in there and it would reduce his medicaid assets and then you can use that $46 to $50 on whatever needs he has not covered by medicaid.


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Customer: replied 4 years ago.
So can the office at the nursing home help with this or am I better off getting a lawyer?
Some social workers at the nursing homes are helpful with this and others are not. You can ask the social worker at the home if they can assist. If not, the local senior center sometimes has pro bono attorneys to assist seniors or legal aid office are the best places.
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