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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 38850
Experience:  30 years in civil, probate, real estate, elder law
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Is social security canceling peoples check that are in

Customer Question

is social security canceling peoples check that are in nursing homes?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: texas
JA: Has anything been filed or reported?
Customer: two men in the home where my husband is said theirs were canceled. I was told by the home that I would probably gety to keep his because I cannot live on mine.
JA: Anything else you want the lawyer to know before I connect you?
Customer: my husband is in the home on Medicaid pending
Submitted: 4 months ago.
Category: Legal
Expert:  Ray replied 4 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 4 months ago.

In Texas if the person receives social security it is counted as applied income--their part of the cost of their care.You may get some part of it back because they calculate your spousal needs too.

Expert:  Ray replied 4 months ago.

4. Income. The Medicaid income limit for an unmarried Medicaid applicant is $2,163 per month (in 2014). The income cap for a married applicant with an ineligible spouse is also $2,163 per month (in 2014). Importantly, this income cap is only applied to the income apportioned to the Medicaid eligible spouse using “the name on the check rule.” In other words, income received in the name of the ineligible spouse is not counted as income to the Medicaid eligible spouse. If both spouses live in the nursing home and apply for Medicaid, the income limit is doubled. The Medicaid income cap for a married couple, both of whom apply for or are receiving Medicaid is $4,326 per month (in 2014). If the above income caps are exceeded, a Qualified Income Trust (also known as a QIT or Miller Trust) can be used to overcome the income barrier to Medicaid eligibility.

5. Resources. Resources are categorized as “countable” and “excluded” for eligibility purposes. The resource eligibility limits, like the income limits, depend on whether the Medicaid applicant is married, married with an ineligible spouse, or has a spouse who is also applying for Medicaid benefits. Countable resources are counted as of 12:01 a.m. on the first day of the month.

    • Unmarried applicant.

    The countable resources limit for an unmarried applicant is $2,000.

    • Married applicant with ineligible spouse.

    The countable resource limit for a married applicant with an ineligible spouse is one half of the couple’s combined countable resources as of 12:01 a.m. of the first day of the month in which the eligible spouse began a period of continuous institutional care (i.e. first day of the month in which the eligible spouse was admitted to the nursing home or hospital, known as the “snapshot date”), subject to a minimum of $23,448 and a maximum of $117,240 (in 2014), known as the “spousal protected resource amount” or SPRA. The SPRA can be “expanded” if the married couple’s combined income is less than $2,931 per month (in 2014).

Expert:  Ray replied 4 months ago.

Medicaid here is going to keep most of his check for his part of the cost of his care.Please don't shoot the messenger here, I wish I had better news.

Expert:  Ray replied 4 months ago.

Amount of assets community spouse may retain: The community spouse can keep one-half of countable assets with a maximum value of $119,220. If the community spouse’s assets do not equal the minimum of $23,844, the community spouse is able to retain assets from the institutionalized spouse until the minimum is reached.

Community spouse impoverishment protection: The community spouse can keep part of the institutionalized spouse’s income if the community spouse has an income of less than $2,980.50 per month. The maximum amount of income that can be retained is $2,980.50. Texas is an “income first” state, meaning the state limits the right to petition for an increased community spouse resource amount (CSRA) to couples whose combined income fails to meet the community spouse’s income needs. Basically, this means a community spouse can petition for an increased CSRA where there’s an income gap only after factoring in the nursing home spouse’s income first.Ask your medicaid worker about petitioning for some of his check here.