Medicaid & MassHealth Attorneys Cohen And Oalican Boston (617) 263- 035 Andover (978) 749-0008 Raynham (508) 821-5599 Boston Elder Law Attorneys http://www.cohenoalican.com

How do I find an elder law attorney ? If you or someone in your family are facing long term care issues, its critical to get good advice from an attorney who specializes in these issues. It does not make sense to see a cardiologist if you break your foot. The same holds true for legal advice. If someone in your family requires nursing home care you need to find an attorney who focuses on asset protection and Medicaid planning . The attorneys at Cohen & Oalican are experts in this area of the law.

If you or someone in your family are facing long term care issues, its critical to get good advice from an attorney who specializes in these issues.

It does not make sense to see a cardiologist if you break your foot.

The same holds true for legal advice.

If someone in your family requires nursing home care you need to find an attorney who focuses on asset protection and Medicaid planning .

The attorneys at Cohen & Oalican are experts in this area of the law.

How do I apply for Medicaid (also known as MassHealth)? The Medicaid program, which is called MassHealth in Massachusetts is a confusing bureaucracy. It takes an expert to guide you through this maze. MassHealth workers ask for financial statements going back as far a five years looking to see if the applicant or their spouse has made any disqualifying gifts. It is critical to work with an expert in filing the MassHealth application . If you file too late you may lose coverage you would otherwise be entitled to. If you file to early, you may make yourself ineligible for months if not years.

The Medicaid program, which is called MassHealth in Massachusetts is a confusing bureaucracy.

It takes an expert to guide you through this maze.

MassHealth workers ask for financial statements going back as far a five years looking to see if the applicant or their spouse has made any disqualifying gifts.

It is critical to work with an expert in filing the MassHealth application .

If you file too late you may lose coverage you would otherwise be entitled to.

If you file to early, you may make yourself ineligible for months if not years.

What happens if my MassHealth Application is Denied? MassHealth looks for any reason they can to deny an application. Typical reasons for denials include: missing bank statement, missed deadlines, unexplained deposits or withdrawals or excess assets. At Cohen & Oalican we help clients with every step of the application process. We walk you through the process so that there are no surprises. We anticipate Medicaid’s questions and give them the information they need to accept the application as quickly as possible. Cohen & Oalican attorneys can know how to best describe your family’s assets to offer the maximum protection. If your application is denied we can quickly file an appeal to determine what your legal rights are and how best to move forward and get your application approved

MassHealth looks for any reason they can to deny an application.

Typical reasons for denials include: missing bank statement, missed deadlines, unexplained deposits or withdrawals or excess assets.

At Cohen & Oalican we help clients with every step of the application process.

We walk you through the process so that there are no surprises.

We anticipate Medicaid’s questions and give them the information they need to accept the application as quickly as possible.

Cohen & Oalican attorneys can know how to best describe your family’s assets to offer the maximum protection.

If your application is denied we can quickly file an appeal to determine what your legal rights are and how best to move forward and get your application approved

If I apply for Medicaid is my house vulnerable? MassHealth regulations describe a home as a “non-countable” asset . This is a confusing label. Although MassHealth does not count your home in determining eligibility, this does not mean that the house is protected: far from it. MassHealth will not force you to sell your house to obtain eligibility. However, if the house is in your sole name (part of your so called “probate estate) at your death, the State will have a claim against the house and will either use a Medicaid lien or its powers of estate recovery to seek reimbursement against the house. For this reason, its important to put meet with a Cohen & Oalican asset protection attorney to protect your home before you apply.

MassHealth regulations describe a home as a “non-countable” asset .

This is a confusing label.

Although MassHealth does not count your home in determining eligibility, this does not mean that the house is protected: far from it.

MassHealth will not force you to sell your house to obtain eligibility.

However, if the house is in your sole name (part of your so called “probate estate) at your death, the State will have a claim against the house and will either use a Medicaid lien or its powers of estate recovery to seek reimbursement against the house.

For this reason, its important to put meet with a Cohen & Oalican asset protection attorney to protect your home before you apply.

Can I give away my assets? Many people want to know if they can give away their assets to protect them from Medicaid . The answer of course is it depends. The bottom line is that most gifts (even those under the IRS permitted $13,000 limit) will disqualify an applicant and their spouse for MassHealth benefits. However, there are many exceptions where MassHealth allows you to make gifts. For example you can transfer assets to a disabled child without any penalty. In addition, you can give your house to a so called caretaker child who lives with you and helps take care of you. If you are thinking of making gifts, its best to first consult with an attorney at Cohen & Oalican.

Many people want to know if they can give away their assets to protect them from Medicaid .

The answer of course is it depends.

The bottom line is that most gifts (even those under the IRS permitted $13,000 limit) will disqualify an applicant and their spouse for MassHealth benefits.

However, there are many exceptions where MassHealth allows you to make gifts.

For example you can transfer assets to a disabled child without any penalty.

In addition, you can give your house to a so called caretaker child who lives with you and helps take care of you.

If you are thinking of making gifts, its best to first consult with an attorney at Cohen & Oalican.