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I am on SSD & Medicaid about to get auto settlement. If I sign check over to repay for services rendered do I report $ still?

Crestview, FL |

My situation is, I am about to get a settlement of under $15k. I am on SSD I also receive help from FL. medicaid & food stamps. While recovering from my accident I required help with personal care, running errands, yard work and housework for the past year. They were kind enough to help me without pay until I get my settlement. Once all liens and lawyers fees there won't be much left. So if I sign over the check to them for services rendered, do I still report and if so will they still count that $ against me? I do NOT want to do anything to cause me to loose my much needed benefits nor do I want to commit a crime of any sorts! thank you for your time

Attorney Answers 3

Posted

Depends totally on the numbers. You may have an obligation to repay Medicaid and or/Medicare, which could eat up the settlement, but you may not. You may have better options that will preserve Medicaid. There also could be Medicare set-aside implications but probably not with such a small recovery. I'd recommend an elder law attorney consult.

Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

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thank you for your help :)

Posted

If you are getting Medicaid, you have to be careful about how you receive and use the settlement. SSDI is not a means tested program, so I don't see major issues there. Contact a Medicaid attorney in your area before you get the settlement so that you are properly advised. You may be able to reimburse your aides but there may be some reporting requirement and time frames.

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Kelly Scott Davis

Kelly Scott Davis

Posted

I believe you meant to say SSD is not means tested.

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thank you for your help :)

Posted

I concur with my colleagues. You have to tread carefully because of your situation. I'd get the advice of a qualified attorney in your area who specifically works with Medicaid and SSDI. See 'Find-A-Lawyer' at the top of this page. Good Luck.

My answer is based on the limited facts presented. It doesn’t create an attorney-client relationship. Use the ‘Find-A-Lawyer’ search engine at the top of this page and follow proper legal advice.

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thank You for your help :) I am seeking a local attorney for further advice...thank you again to ALL!!!

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