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My friend receives Medicaid and just received a legal

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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: 3 months ago.Category: Legal
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Answered in 6 minutes by:
1/3/2018
Lawyer: Law Educator, Esq., Attorney replied 3 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,248
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?

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Customer reply replied 3 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 3 months ago
I'm awaiting your call.
Customer reply replied 3 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 3 months ago
How long must I wait?
Customer reply replied 3 months ago
Can I have an approximate time frame to expect a call?
Customer reply replied 3 months ago
I don't want to miss the call and only answer when I know who's calling.
Customer reply replied 3 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 3 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 3 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 3 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?

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Customer reply replied 3 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 3 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.

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