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I may return to NM after living in LA for two years, or I may…

I may return to NM...
I may return to NM after living in LA for two years, or I may go there and live part of the year. How can I continue to get SS and Medicare with this living situation. I was on SSDI. Now I am on Medicare and Medicaid.
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Answered in 3 hours by:
4/2/2014
Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13,637
Experience: 22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
Verified
Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing SS law full time for 10+ years and look forward to assisting you.

Are you getting Social Security? OR, are you getting some other kind of benefit, such as Supplemental Security Income?

How much do you get?
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Customer reply replied 4 years ago

I do receive SS in the amount of 918 per month. When I turned 65 I was transferred from SSDI to Medicare and I also qualify for Medicaid. I do not see what that has to do with my question. If you live in two places during the year how do you handle SS payments whatever the amount is shouldn't matter."continue to get SS" is pretty self explanatory. Did you read my question?

Thank you, Kay. Let's take a look:

I may return to NM after living in LA for two years, Moving for 2 years may be an easier go then jumping back and forth, for the reasons set forth below...

 

or I may go there and live part of the year. How can I continue to get SS and Medicare with this living situation. I was on SSDI. Now I am on Medicare and Medicaid.

 

AND:

I do receive SS in the amount of 918 per month. OK, this sounds like Social Security, not SSI. Thank you for clarifying. As such, you can move anywhere you want and still receive it. That is the good part. If the SS you were referring to were "SSI" and not either "SSD" or "SSR" (you didn't clarify earlier), and it was disability based (not age based), your right to Medicaid (and not just your current eligibility in a particular state) could be lost by moving.

When I turned 65 Thank you for adding your age - that tells me you Medicaid is Age based now, which is beneficial to you.

I was transferred from SSDI to Medicare No, this doesn't sound right. SSDI is a cash benefit while Medicare is health insurance. You don't go from one to the other. In fact, after 24 months of SSDI payments, we become eligible for Medicare. We also can become eligible by becoming 65 (for those that become disabled close in time but before turning 65).

At FULL retirement age, your SSDI turns into Social Security Retirement (Old Age benefits) - you are no longer under the disabled category, but the aged. You likely had Medicare already, if disabled for more than a couple of years, and of course that can continue for the rest of your life after you turn 65. If you became disabled less than 29 months before age 65, you wouldn't have to wait the 24/29 month wait, but can take (and should) Medicare at 65.

and I also qualify for Medicaid. OK, this part is what can change by your move. Medicaid is state based, so you will need to apply in your NEW state of residence.

I do not see what that has to do with my question. That is OK, I don't expect you to. Do you now understand?

If you live in two places during the year how do you handle SS payments whatever the amount is shouldn't matter. It did because 99% of people confuse the acronyms, SS, SSI, SSDIB, etc. Just as you confused SSDIB with "Medicare" , above. If I didn't question and confirm what people are referring two, 99% of the time they'd get a correct answer, but one they don't realize does NOT apply to their situation, since they so often accidentally mis-state their situation. You see what I am saying?

"continue to get SS" is pretty self explanatory. Did you read my question? I see you are unaware that SS is the starting letters of 3 Acronyms of programs handled by the SSA (Social Security Administration) and by itself, SS does not mean one over the other. There is "SSI" and there is SSD and SSR. The latter two are social security, while, unbeknownst to many, SSI is NOT Social Security at all. It is Supplement Security Income and like Medicaid (but not Medicare) it is a needs-based welfare program for the poor. Thank you, XXXXX XXXXX now clarifying that you are getting either SSD or SSR, but not SSI. Under 65 SSI, depending on the State, can mean Medicaid. But some states, when under 65 and on SSI, do NOT automatically make you eligible for Medicaid, and one must prove eligibility for that particular state.

If you travel OUT of your state, your Medicaid does not travel with you, so you may only be relying on your Medicare - HOWEVER, Medicare ALSO depends on your chosen form of Medicare and it can be regional, if you have picked a provider - i.e. Humana Medicare in PA is different from Humana Medicare in FL. Typically, emergency services will be covered, however, but not necessarily regular appointments.

SO again, I will repeat - your Social Security Retirement benefits (or SSDIB, if you were still on that) will continue without a let up, regardless. But your Medicaid will depend on WHICH state is your legal "residence". You CAN pick you residence, and change it as you wish - BUT, you will have to reapply for Medicaid in the new state, so you can get new coverage (you can't have 2 at once):

LINK:
"(i) Individuals Age 21 and over. (1) For
any individual not residing in an institution
as defined in paragraph (b), the
State of residence is the State where
the individual is—
(i) Living with the intention to remain
there permanently or for an indefinite
period
(or if incapable of stating
intent, where the individual is living);
or
(ii) Living and which the individual
entered with a job commitment or
seeking employment (whether or not
currently employed).

..

(j) Specific prohibitions. (1) The agency
may not deny Medicaid eligibility because
an individual has not resided in
the State for a specified period."

So, in theory, you can change your residence frequently, hopping back and forth. But you can only have 1 at a time. And the practical problem is that each move, if you want Medicaid in that state, you will have to re-apply in the new state, losing the medicaid of the old state. Applying can take 6+ weeks to be processed. So you have to determine if it is worth it or if you should return to the old state if you maintained residency there, to see your doctor there, when needed (just visiting the new state, for instance).


I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To Stephanie O. Joy, Esq., ONLY" if you want me to specifically answer it.

Sincerely, XXXXX XXXXX

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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13,637
Experience: 22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
Verified
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