Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

My friend receives Medicaid and just received a legal

Customer Question
My friend receives Medicaid...

My friend receives Medicaid and just received a legal settlement. We understand there are laws defining time constraints on how and what these funds must spent or they will be seized. My friend is now in a wheel chair permanently, and dialysis recipient. Due to permanent injuries, medical problems incurred, my friend was hospitalized then in Nursing Home Care since and all during litigation. The Attorney's did not give my friend any guidance in this matter once the case was settled and compensation was made. At time the settlement was received, my friend's Purse, ID and Debit was stolen from Promise hospital. It was 2 weeks after settlement was delivered by Currier to Nursing Home before ID was attained. Patient's hands were tied for making any and all financial transactions pertaining to this until new bank card and ID could be things could be reattained due to needing medical transportation, health issues before she was able to retrieve documentation to conduct financial business through a bank. It's been 2 years since accident and in Rehab care. She's older, had no extra funds since accident. Medicaid and Nursing home has used every penny of her Social Security and Retirement Annuity for what I consider many times, substandard unethical and inconsiderate care. I helped her move from one Nursing home I'm trying to b for her to do anything travel received

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Missouri.

Lawyer's Assistant: Has anything been filed or reported?

A lawsuit was filed and she received about $43,000 in settlement after Medicaid, Medicare, Lawyers were paid.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm not sure what other information I can provide.

Submitted: 6 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 6 minutes by:
1/3/2018
Lawyer: Law Educator, Esq., Attorney replied 6 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,928
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Actually, the legal settlement would be counted towards her asset and it would effect her eligibility for continued medicaid benefits until she spends down all the lawsuit money on her needs and then she would have to qualify for medicaid all over again.

However, upon reading your post several times, I do not know what your question is for us about the situation?

Ask Your Own Legal Question
Customer reply replied 6 months ago
She doesn't know how long she has to do all that. We got her to the bank, check was able to be deposited a couple weeks ago, but no money could be extracted or spent, except $100 bank allowed at time of deposit, until ID was attained. She did not have a bank card or checks for that account until yesterday. We've found a house and are working on purchasing it, and a wheel chair van to purchase and transport in. There are structural accommodations that must be made to the house and other things to purchase for appropriate accommodations and care. She needs to know what is considered as acceptable expenditures by Medicaid, and the duration she has to make those purchases. Q. We were told by others she only has 30 days from time she received the settlement. It was almost 1 week before she could get it deposited and it's been almost 2 more before getting ID, checks and Debit card. She's under the gun if there's only 30 days to spend it. How long does she have. She was only able to start making any withdrawals from that deposit until yesterday, that's when she was able to get a new State ID. Debit card and checks were attained then for the account. This legally verifiable through bank and DMV. So 1st question is, "What is time constraint for expenditures?" It could not be spent until she had access to her own account and that was 1-2-17. Q #2 We understand Medicaid only allows her to purchase certain products with those funds. Q #2, How can she get an accurate list of what Medicaid allows her as acceptable products and expenditures?" Q#3 "What's considered as current assets prior to receiving settlement and in accordance to what she's able to purchase now? She's afraid to spend it because of what we've heard even counts. She took out $600 yesterday at bank after receiving ID, Debit card and Book of checks. I initiated getting an Atty and helping her follow-through with all litigation since, just so she could return to a residence of her own again. She owned a home already and I've been maitaining it since the accident as she's been in Rehab care. Current residence is no longer adequate for her. We did this so she could have her dignity and independence restored. It will save thousands of dollars for Medicaid for her to return to a residence of her as Nursing Home care is on-going and mandatory without appropriate residential conditions and appropriate Van transportation. These things are more costly and very unfair to her, when provided an paid for by MO Health Net Insurance and Medicare. Medicare and Medicaid has been compensated for medical care received regarding injuries from accident by Attorney's about 3-4 weeks ago before she ever received her part of settlement.We're trying very hard to do things according to legalities, but need direction. We need the little she got for this to make that happen and don't want to lose anything because of improper spending or time constraints. Please help.
Customer reply replied 6 months ago
I'm awaiting your call.
Customer reply replied 6 months ago
Time is of the essence here and I have a busy schedule too and have only about a week I can be available to help her with all these things, while dealing with my own affairs. Now that we've paid the fee, Please don't delay on your responses.
Thank you for your time and consideration in this extremely important matter.
Again, Phone #(###) ###-####
Customer reply replied 6 months ago
How long must I wait?
Customer reply replied 6 months ago
Can I have an approximate time frame to expect a call?
Customer reply replied 6 months ago
I don't want to miss the call and only answer when I know who's calling.
Customer reply replied 6 months ago
I can be available just about anytime, I just need to know, within reason, when to be answering an unknown number. Is this an unreasonable request?
Customer reply replied 6 months ago
Waiting for a response is using time I need to be taking care of other business too.
Thank you so much. I'm a full time student at Avila University and have a lot to do and little time to do it, to prepare my affairs too.
Thank you so much.
Customer reply replied 6 months ago
Will you please answer me. I have to leave and do not want to miss a future call. If he can't talk to me until tomorrow, or this later this afternoon, or this evening, relay that to me. I have to leave in about 30 minutes and have been awaiting a response. I know you see this because you were quick enough to ask for money. Please don't tie me up right now. I need to know hen to look for you call. That's all I'm asking is for a time frame to expect a call, whenever that may be.
Thank you.
Lawyer: Law Educator, Esq., Attorney replied 6 months ago

Thank you for your reply, I just received an email notifying you that you had replied and asked for a phone call.

Are you available now?

Ask Your Own Legal Question
Customer reply replied 6 months ago
Never mind. I'm going directly to Medicaid office to get my answers. You all took too long for simple a simple response. Do NOT charge me for the $59 for the phone response. I don't need you now. I do not need you for anything else. Cancel any other charges beyond the $5 fee you already have. I don't want anymore help from you at this time. I will not agree to the $39 charge either for ongoing questions or response. Don't take anything else from my account beyond the $5 for wasting my time today.
Thank you,
I'm informing my bank officer that anymore charges beyond the initial $5 fee was not and is not authorized and don't want to see it on my computer now, or in the future.
Thank you, ***** *****
Lawyer: Law Educator, Esq., Attorney replied 6 months ago

Thank you very much. I am quite sure you will wait less time at Medicaid or at your local attorney's office. You can get your $5 refunded to you by customer service.

I am so sorry I never received notice you had replied until I responded to you I do not know what type of technical issue caused that to occur, but I sincerely ***** ***** you for the issue. Again, contact customer service they will give you your $5 back too.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 24,657
24,657 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

125,928 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I am an attorney who settled an auto case. It appears as
i am an attorney who settled an auto case. It appears as though the plaintiff will have medical liens how long am i allowed to hold check which i have not yet deposited. It will take a while to find t… read more
Ray
Ray
Lawyer
Doctoral Degree
33,378 satisfied customers
After contacting “A Place for Mom” for assistance with
After contacting “A Place for Mom” for assistance with placing my parents in a nursing facility, I was advised by the senior resource advisor to contact an attorney for advice. So here I am… I have a … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
125,928 satisfied customers
My mother is in a nursing home. She was taken there by the
My mother is in a nursing home. She was taken there by the ward of the state admitted after a month in hospital (March - mid-April). She received physical therapy for a knee replacement of 10 years ag… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
I was in a car accident while between jobs (with no insurance)
I was in a car accident while between jobs (with no insurance) and had to be hospitalized and then required follow up care. The Hospital set me up with Title19/Medicaid. It has been 4+ years now and I… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
125,928 satisfied customers
My husband is in rehab in a skilled nursing facility of a nursing
My husband is in rehab in a skilled nursing facility of a nursing home. If for whatever reason he becomes a permanent resident of the nursing home, will Medicare take all our savings and leave me with… read more
Ray
Ray
Lawyer
Doctoral Degree
33,378 satisfied customers
How to avoid an estate being taken by a nursing home?
My mother is 95 years old and lives with my sister. We were told that if she needed to go into a nursing home for an extended amount of time or until she passes away that the home could take the money… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My mother is in a nursing home due to an accident. She is
My mother is in a nursing home due to an accident. She is to receive a settlement for pain and suffering. Does medicare require her to give that money to the nursing home?… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
my mother is in a nursing home and will be permanently there.
my mother is in a nursing home and will be permanently there. She was in the hospital for 7 days, has been in a nursing home for 49 days, getting skilled care until Thursday. I have already applied fo… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
I know a woman who has Power of Attorney for her mother who
I know a woman who has Power of Attorney for her mother who is in a Nursing Home. She wants to remove her mother's funds from Merrill Lynch because she doesn't want to take the risk of market decline … read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
MY DAD NURSING HOME VS. AT-HOME CARE Ok, my dad broke his
MY DAD: NURSING HOME VS. AT-HOME CARE Ok, my dad broke his hip a little over a month ago; he was first at a Rehabilitation/Care facility that the Hospital Dr. wanted him to do to get him back to walki… read more
Ray
Ray
Lawyer
Doctoral Degree
33,378 satisfied customers
How does an older woman [in hospital rehab for three weeks]
How does an older woman [in hospital rehab for three weeks] prevent sister from placing her in a nursing home? This lovely lady who has always lived on her own, managing her finances and all business,… read more
Jane Doe Deer's Jobs
Jane Doe Deer's Jobs
Attorney
Post-Doctoral Degree
14 satisfied customers
Im inquiring about the limits of liability in Nebraska. My
I'm inquiring about the limits of liability in Nebraska. My friend's daughter gave birth last year, part of the placenta was left behind. She developed HUS as a result and spent months on dialysis and… read more
LADYLAWYER
LADYLAWYER
Owner of my own law firm
Juris Doctor
6,438 satisfied customers
Please, advise the immediate annuities (name, company, tel.
Please, advise the immediate annuities (name, company, tel. no) which would be irrevocable, non-assignable and non-transferable. They must be recognized by Medicaid of Connecticut as non assets when a… read more
Ray
Ray
Lawyer
Doctoral Degree
33,378 satisfied customers
if one member of a couples has alzheimers and has medicare
if one member of a couples has alzheimers and has medicare advntage as well as social security..cn the home of the partner be assessed if the alzheimers patien is sent to a home?… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My sister is in the hospital and they want to move her to a
My sister is in the hospital and they want to move her to a nursing home. She has social securiy and medicare and medcaid. What financial problems am I going to face? she has one bank account for 514.… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Hello. My husband and I have a mortgage on our home but the
Hello. My husband and I have a mortgage on our home but the Deed lists my mother as well, who had an in-law suite built. Each of us are valued at 1/3 of the home. We are trying to sell the house now a… read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
920 satisfied customers
In Texas my mother owns 86 acres which is also her ...
In Texas my mother owns 86 acres which is also her homestead. if she goes into a nursing home and goes on medicaid , can medicaid force the sale of this property to pay hers nursing home bills?… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
My sister is 88 and has a joint account, with right of ...
My sister is 88 and has a joint account, with right of survivorship with me. Can I transfer half of the amount in the account to just my name? She has been in a nursing home and I plan to hire a live-… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x