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John Legal
John Legal, Attorney
Category: Legal
Satisfied Customers: 4631
Experience:  Over 15 years legal experience.
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I have been on medicaid for many years. I am legally disabled.

Customer Question

I have been on medicaid for many years. I am legally disabled. Recently Medicaid said I now need to pay a $1227. spend down every month. This amount is over half of our income. There is no way I can do this. I have appealed and will be having a hearing with them. Is there any possibility of getting this spend down taken away, if so what do I need to do to win my case or am I fighting a losing battle? What are my options and is there any programs out there I could qualify for. I am 49 years olds.
Submitted: 5 years ago.
Category: Legal
Expert:  Fran-mod replied 5 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 5 years ago.
Yes still interested
Expert:  Fran-mod replied 5 years ago.
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly
Expert:  John Legal replied 5 years ago.
Thank you for trusting Just Answer. I will answer as clearly as possible.

I am an Elder Law expert. Unfortunately your disability income is kicking you over the Medicaid income limit.

How long have you been receiving disability? What are you receiving disability for?
Customer: replied 5 years ago.
I have been receiving disability since 1989. I have RA.
Expert:  John Legal replied 5 years ago.
Has your disability income suddenly increased? Can you please give me more detail why Medicaid has suddenly triggered a deductible?
Customer: replied 5 years ago.

It has not increased. I applied for food stamps and they noticed I was married. I had alerted they and sent in all neccessary papers when I got married. I have been married for almost 4 years now. They gave that as an excuse. My husbands income last year was 21,000. He is self employed and his income varies greatly. 1227 spend down is over half of what we made. How do they expect a person to be able to pay that every month, when just the bills to survive take every bit of the money he makes. We don't live extravantly or beyond our means either. We have a 530. house payment and a 230. car payment and the rest is used up in fuel, utilities and food.

Expert:  John Legal replied 5 years ago.

Unfortunately there is no way to get around the Medicaid deductible. Your marriage did in fact increase the household income and there is no way around that effecting your income for Medicaid eligibility other than divorce.


You do qualify for Medicare benefits because of your disability. You can apply for traditional Medicare. There will be some cost plus you will have to pay for a supplement. However, Medicare should be less than your Medicaid deductible. You apply for Medicare at the Social Security office or by calling. Here is the Medicare website:



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