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Gerald, Esq
Gerald, Esq, Lawyer
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Experience:  30 years of experience
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If you are over 65 in state of maryland and jsut got card,

Customer Question

If you are over 65 in state of maryland and jsut got green card, can you get medical coverage via state (willqualify based only on low income).. ie do LPR over 65 also have the 5 year ban for medical assistance
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

While you must be a green card holder for at least 5 years to be eligible to buy Medicare health coverage from social security, if you are a green card holder with low income and over 65, you may qualify for Medicaid under your state program. You must file an application to find out if you are eligible for Medicaid. To do this, you must go to the Local Department of Social Services in the city or county where you live. Here is a link to additional information: https://mmcp.dhmh.maryland.gov/SitePages/Medicaid%20Eligibility%20and%20Benefits.aspx

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug

Customer: replied 1 year ago.
This is info that I already know and is freely available ..i wanted to know for a fact if you can show me some info/rule that says over 65 and GC for less than 5 years but with low income i s eligible ie if you fall under ABD and low income and are a GC with less than 5 years, does ABD category override the 5 year ban..
Expert:  LawTalk replied 1 year ago.

Good afternoon,

Sorry for any confusion over expectations. I responded to the question you asked. You did not ask for research to be done. I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.

Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.

Doug

Customer: replied 1 year ago.
No you did not address the 5 year ban issue for over 65 and low income that was brought up in the initial query itself. If you take the time to read the question carefully that might have helped.
Expert:  Gerald, Esq replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

I am afraid that the low income level does not act as an exception for the five year waiting plan for Green Card Holders to be eligible for Medicaid. I am sorry to give you that bad news. There are exceptions to the five year waiting period, but they pertain to refugees and persons granted asylum. Income is not included in the exceptions to the five year waiting period.

However, you are eligible for health insurance coverage under the Affordable Carer Act (Obama Care), and if annual income is 400% of the federal poverty level or below you are eligible for tax credits and reduced premiums. You would apply for this through the "Maryland Health Connection." The five-year waiting period required by Medicaid does not apply to the purchase of qualified health plans through MHC.

You can enroll in Obama Care here:

https://www.marylandhealthconnection.gov/

You can obtain more information on this issue here:

https://www.healthcare.gov/immigrants/lawfully-present-immigrants/

and here:

http://www.visitorscoverage.com/immigrants/health-insurance-for-green-card-holders/

This article also has very detailed discussions with references:

https://www.nilc.org/overview-immeligfedprograms.html#note20

I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Customer: replied 1 year ago.
I know income does not override the 5 year ban but want to know if over 65 ( ie coming under aged disabled or blind) overrides the 5 year ban for a low income GC. Medicaid is given only to low income individuals so dont expect that to overide GC ban.. Am looking for info that may clarify if ABD can override or is a separate category not covered by the 5 year ban. The documents in the maryland website (https://mmcp.dhmh.maryland.gov/SitePages/Medicaid%20Eligibility%20and%20Benefits.aspx) have this paragraph.. the confusing part in the section pasted below is following the term 5 years --"or who otherwise qualifies". Then it goes to list conditions presumably that come under the last phrase. The operative word after the 5 years is the "OR".. let me know your thoughts..
7. How will the eligibility worker decide if I can get Medicaid?
First, the eligibility worker will decide if you belong to one of the groups of people covered by Medicaid. You will also need to show that you are a resident of Maryland and a U.S. citizen, or an alien admitted for permanent residency who has lived in the United States as a qualified alien for at least 5 years or who otherwise qualifies. You must meet one of the conditions listed below. Your eligibility will be determined differently depending on the group you fall into. You must be…
At least 65 years old; or
Disabled; or
Blind; or
Under 21 years old; or
Caring for a related child in your home; or
Pregnant; or
The parents of an unmarried child under 21.
Some people meet more than one of the conditions above. If that is so, the person may choose for which eligibility group to apply. The rules are different for different groups and the kinds of medical care covered are different for different groups.
Expert:  Gerald, Esq replied 1 year ago.

Hello:

Thank you for the clarifying information and the excellent follow up question. Please excuse the delayed response, I was detained for a brief period.

The phrase "or who otherwise qualifies" modifies the clause "or an alien admitted for permanent residency who has lived in the United States as a qualified alien for at least 5 years."

The Otherwise qualified alien resident must meet one of the following exceptions to the five year waiting period:

“Humanitarian immigrants” — refugees, persons granted asylum or withholding of deportation/removal, Cuban/Haitian entrants, certain Amerasian immigrants, Iraqi and Afghan Special Immigrants, and victims of trafficking; also “qualified” immigrant veterans, active duty military, and their spouses and children are exempt.

So there are three categories of persons we are discussing:

1) US Citizen

2) Resident Alien for five years or more

3 Resident Alien who is a Humanitarian Immigrant or US Veteran/Military member.

In addition to being in one of the three categories described you must also meet one of the following conditions:

  • At least 65 years old; or
  • Disabled; or
  • Blind; or
  • Under 21 years old; or
  • Caring for a related child in your home; or
  • Pregnant; or
  • The parents of an unmarried child under 21.

Again, I'm sorry to be the bearer of bad news. I hope that you are able to get insurance through the other means available (ACA).

I hope this additional information is helpful to you.

Kind regards,

Gerald

(Please do not forget to rate me. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

Customer: replied 1 year ago.
I gues you are presuming the clause covered by "otherwise qualifies", whereas I am not. I am reading it as is and it says otherwise qualifies and then lists the conditions . ( it does not say " in addition" you must meet following conditions etc.) When read as stated ( without pre held presumptions) then it seems that ABD is not covered by alien 5 year ban,
So to be eligible for medicaid in MD - just need to be MD resident AND
either US resident or
alien with 5 yrs ( thsi will presumably apply for 19-64yrs) or
65 yrs+ Or
Blind OR
Disabled or ..so on..
So only unchangeable criteria is maryland resident ( and then fall into One of above categories + of course income eligibility)I guess I am seeing if there is a way ABD, which is a category that may covered by state funds is not affected by GC duration in maryland.. I am cognizant that every state has its own rules and categories...
Customer: replied 1 year ago.
meant Us citizen..
Expert:  Gerald, Esq replied 1 year ago.

Hello:

Thank you for your additional comments. I understand why you are reading this the way you are.

It certainly can not hurt to make the argument that you are making. You should apply and make the argument as you see it. I fear you are mistaken, but the worse that can happen is they say NO. I do hope and wish you the best of luck in making the application for the assistance.

Just to be clear, my responses to you were based on my knowledge and extensive experience dealing with government agencies. I am sorry that I can not give you the answer that you seek, but it would be improper of me to tell you something just because I thought you wanted to hear it.

I hope that our difference of opinion will not lead you to provide me a negative review. You seem to be intelligent and well read. I trust that you are fair minded such to provide me a positive rating (click on the 5 stars) based on the materials that I have presented to you.

In any event I sincerely ***** ***** the best of luck.

Kind regards,

Gerald

Expert:  Gerald, Esq replied 1 year ago.

By the way, if you are successful please let me know so that I can take your experience into account. Thank you.