How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lane Your Own Question
Lane
Lane, JD,CFP, MBA, CRPS
Category: Social Security
Satisfied Customers: 10097
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986
1929974
Type Your Social Security Question Here...
Lane is online now
A new question is answered every 9 seconds

California: I am 67 and my daughter needs care 24/7. Aged

Customer Question

California: I am 67 and my daughter needs care 24/7. Aged and disabled. I recieve medicaid waiver payments for this care and know it is 2014-7 income excludable by IRS and is supposed to be excluded by agencies. After 4 hours at the SSI sacramento office I was lwith finding the Social Security law which exempts ths money from countable income for prescription/premium payments. What is this code or law or notice?
Submitted: 2 months ago.
Category: Social Security
Expert:  Lane replied 2 months ago.

Hi. My name's Lane. I can help clarify things for you here.

...

I'm so sorry, but Notice 2014-7, 2014-4 I.R.B. 445. from IRS as it relates to income TAXABLE by IRS and whether items are counted for SSI pruposes are two different issues.

...

Section 1915(c) of the Social Security act enables individuals who otherwise would require care in a hospital, nursing facility, or intermediate care facility to receive care in the individual care provider’s home. The notice provides that the Service will treat these Medicaid waiver payments as difficulty of care payments excludable from gross income under § 131 of the Internal Revenue Code.

...

Bear with me a moent and I'll get you the code

Expert:  Lane replied 2 months ago.

§(###) ###-####of the Code of Federal Regulations specifies the undearned income that does not count toward SSI eligibility.

...

You can read that here: https://www.ssa.gov/OP_Home/cfr20/416/416-1124.htm

...

Note that Medicaid Wailvers are not there, AND that there are items there that ARE counted as TAXABLE income (helps to show that taxable income an incomv countable for SSI purposes are two different things)

...

I'm so sorry to be the messenger here, but the Internal REvenue code and its procedural guidance by IRS and the Aosicla SEcurity act and the procedural guidance by SSA and the state agencies that administer, are two different codes, with different criteria for different purposes (income that is taxable, vs, here, income counted and excluded for SSI eligibility)

Expert:  Lane replied 2 months ago.

If you have ANY questions at all pleas let me know.

...

I hope you’ll rate me (using those stars, or faces on your screen, by clicking submit) based on thoroughness and accuracy, rather than any good news / bad news content. Otherwise I’m working for no crediting at all here.

Thank you!

Lane

I have a law degree, (Juris Doctorate), with concentration in Tax Law, Estate law & Corporate law, an MBA, with specialization in financial accounting & tax, a BBA, and CFP & CRPS designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice, since 1986.

Expert:  Lane replied 2 months ago.

So sorry for the dat dump (and the typos) but again, the bot***** *****ne here is that Medicaid Waivers, while excluded from INCOME taxation by IRS (Internal Revenue Service), IS not excluded as income for SSI purposes by SSA (Social Security Administration).

...

I hope you’ll rate me (using those stars, or faces on your screen, by clicking submit) based on thoroughness and accuracy, rather than any good news / bad news content. Otherwise I’m working for no crediting at all here.

Thank you!

Lane

I have a law degree, (Juris Doctorate), with concentration in Tax Law, Estate law & Corporate law, an MBA, with specialization in financial accounting & tax, a BBA, and CFP & CRPS designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice, since 1986

Related Social Security Questions