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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 37780
Experience:  30 years in civil, probate, real estate, elder law
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My son is disabled and has SSDI and Medicare and Medicaid. s

Customer Question

My son is disabled and has SSDI and Medicare and Medicaid. His backpay is in an
account that has a rep payee managing it. The rep payee spends the Soc Sec check
every month but left the backpay amount in the account. Medicaid says the backpay
amount is over the limit allowed for his assets.. Noone ever told him of an amount.
Medicaid cancelled his Medicaid coverage. Is there any hope at a hearing?
Submitted: 10 months ago.
Category: Legal
Expert:  Ray replied 10 months ago.

Hi and welcome to JA.Ray here to help you today.There is always hope, you argue it was a one time mistake here.There was an error made by the voluntary payee not the client.See if they will rule in your favor.

You can deposit excess funds in a Master Pooled Trust Account.These are preapproved trusts, you have a sub account, like savings account.

This is one for Nevada, call them about setting one of these up, you can put surplus funds in it, you can also will or gift funds to the trust account for her benefit.These have low fees, check into this.The trust account is exempt as a resource from medicaid and ssi.

http://www.centersweb.com/special-needs-trusts/

I appreciate the chance to help you today and wish you the best at hearing.