The path to receiving Medicaid and VA benefits can be daunting, especially for seniors and their families facing the prospect of long-term care. At Mortellaro Law, our experienced Elder Care Attorneys in Tampa understand the nuances of these systems and work tirelessly to demystify them for our clients. Many individuals enter into discussions about these benefits already convinced they will be denied, often due to misconceptions.
Attorney Michelangelo Mortellaro seeks to dispel these concerns. Below are five common reasons clients believe they will be denied Medicaid or VA benefits and how we can help address these fears.
1. Too Many Countable Assets
One of the most prevalent concerns among clients is the belief that they have too many countable assets to qualify for benefits. Medicaid and VA benefits have specific asset limits, and many people mistakenly assume that they won’t qualify if they own a home, have savings, or own vehicles.
Reality Check: While asset limits exist, various planning strategies are available to help individuals maintain their assets while still qualifying for benefits. Some assets may be exempt, and certain financial strategies can be employed to decrease countable assets without losing savings or home ownership.
2. Income Exceeding Limits
Clients often fear denial because they believe their income exceeds the Medicaid or VA benefits threshold. This misconception can lead to resignation and inaction, as individuals feel they simply make too much money.
Reality Check: Income limits can be complex, similar to asset limits. For Medicaid, various programs may allow for higher income thresholds, and there are ways to legally structure income, such as through qualified income trusts. Understanding these options can turn denial fears into eligibility possibilities.
3. Age and Health Status Misunderstandings
Some clients wrongly assume they must be of a certain age or at a specific level of health to qualify for benefits. They may think only those who are bedridden or facing terminal illness can receive assistance.
Reality Check: Both Medicaid and VA benefits assist people in varied situations. Eligibility is more about the need for long-term care than a specific diagnosis or age. Many relatively healthy individuals can qualify for benefits with proper planning.
4. Previous Denials or Conflicting Information
If clients have previously been denied benefits or heard conflicting information from different sources, it can lead to a deep-seated belief that they will never qualify.
Reality Check: Previous denials can result from administrative errors or lack of comprehensive understanding of the eligibility criteria. At Mortellaro Law, our attorneys are adept at appealing denials and can help clients navigate the appeals process effectively, armed with the right information and strategy.
5. Fear of Losing Control Over Assets
Another common concern for clients is the fear that applying for Medicaid or VA benefits will force them to divest themselves of their assets, leaving them vulnerable and without resources.
Reality Check: While Medicaid has specific rules regarding asset transfers, not all assets must be relinquished, and many can be protected through careful planning. Estate planning options, such as trusts and other legal structures, can help safeguard assets while still allowing individuals to access benefits.
Partner with a Seasoned Elder Care Attorney in Tampa
Understanding Medicaid and VA benefits is crucial for anyone considering long-term care. It’s essential to separate fact from fiction and seek the guidance of an experienced Elder Care Attorney who can provide personalized advice based on your unique situation.
At Mortellaro Law, we are dedicated to helping families in the Tampa Bay area navigate the complexities of elder law. Don’t hesitate to reach out if you or a loved one has concerns about Medicaid or VA benefits eligibility. Together, we can explore the options available and create a plan tailored to your needs. Contact us today for a consultation.
