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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33801
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I am a resident in a nursing home for three yearsnow. I have

Customer Question

I am a resident in a nursing home for three yearsnow. I have medicaid and medicare. Is it legal to also take my 900 dollars a month ,social security, and my air force pension, 2000 dollars a month. For the last three years. All other residents with Medicaid and Medicare. Only sign over their social security and live here. Why is my pensio, also taken by them ?
Submitted: 2 months ago.
Category: Legal
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney whowill try my very best to help with your situation or get you to someone whocan. There may be a slight delay in myresponses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Unfortunately, if you are receiving benefits from Medicaid to pay for your long term care, they have asset limits that limit what someone can have to $2,000 in total assets. That means that everything over that has to go to the nursing home to help pay for the person's care. Medicaid is a poverty based program and if someone has only SS, then that is all the govt can take to help offset their care costs. But if someone has more income, like you, then they are required to pay those funds to the home to offset the amount Medicaid pays.

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With Medicaid long term care costs averaging around $7K a month, it doesn't seem very fair to me that the people like you who worked hard, served our country, and saved their money are in the same position as people who saved nothing throughout their lives and the govt now pays for everything for them and they receive the same care. But apparently Congress felt that was fair..

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So yes, it is legal. Fair?...no. But legal, yes.

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And thank you for your service.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience,even when I know the answer doesn’t make the customer happy...

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thanks

Barrister