I have been denied benefits for myself from Medi-Cal because I have to file for child support. But, I do not wish to do so. I have heard other single moms get benefits without filing for child support. How can I do so? They have told me it is the law to file for child support for me to be able to receive Medi-Cal for myself. Only my daughter receives benefits but I'm denied it. Is there anyway I can do so without my fathers money?
Estate Planning Attorney
The Notice of Action denying you benefits should have stated the reasons you were denied benefits and of your right to ask for a hearing to appeal the denial.
If you want a hearing you should apply within 90 days of receipt of the denial.
Your county - Solano -- is required to help you file a request for a hearing if you ask.
In California, there are legal services programs for the elderly to assist with Medi-Cal issues and appeals that do not charge for their services.
The California Department of Aging [CDA] provides free legal services programs for the elderly. Local Area Agencies on Aging [AAA] can give you information on legal services in your county.
I have attached the link below to CDA. When you are on the CDA site go to the AAA links.
General Practice Lawyer
Generally Medicaid for children has a child support enforcement provision and you must have Good cause to not cooperate. I would question the reason to not have support. It is the law and it supports your daughter.
If you are applying for Medicaid you are low income and need the funds to be more self sufficient. Think of it this way it is not fair for the citizens to support you when the father who has a legal obligation does not.
This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.
Elder Law Attorney
Hello. I agree with my fellow commentators.
If you want Medi-Cal for yourself, then you should file a request for Fair Hearing challenging the Eligibility Worker's denial determination. Are you disabled? If so, you may be able to qualify under the 133% Federal Poverty Level working disabled.
Otherwise, once you have filed your request for a Fair Hearing, contact your EW, or the Hearings Officer assigned to your case for the Fair Hearing, and ask them to review the reasons why you were denied. Then be sure to ask them if there are any other deductions to income that you may be qualified for, or if there are any other programs, such as the county medical program (similar to Medi-Cal, but funded by the county) in which you may be able to participate.
Lastly, go to the Covered California web site (https://www.coveredca.com/) and apply for medical insurance. There are many types of insurance available, and you may find that, because of the tax benefits under the program, you will qualify for low cost or no cost ($1.00/mo.) insurance. Good luck.
Barbara Bangs is a licensed attorney, in California, who also earned a Masters Law Degree in Taxation. Any legal information contained in this answer is specific to individuals who are seeking (or have) Medi-Cal and may not be applicable in other State-specific situations, or to other areas of law. Anyone reading this answer should seek the advice of an attorney in their own State or in the area of law applicable to their question.
As prior responders have noted, the state has an obligation to seek reimbursement for any financial aid they provide to you and your children from a non-supporting parent. However, if you are merely seeking Medi-Cal coverage, and not other forms of aid, you should be able to waive child support. If this is the case, they will still want you to cooperate to pursue a medical insurance coverage order against the non-custodial parent. This will require that parent to insure the child through his employer, if available, but will not require him to pay child support.
Best of luck to you.
Please be advised that this answer in no way constitutes legal advice, and is only intended to guide you in determining an appropriate direction for individualized legal consultation and/or representation. This answer should not be relied on, as each legal matter, and the appropriate course of action, is entirely dependent on the specific facts of your particular case. You are encouraged to seek the advice and guidance of a respected and experienced attorney practicing in your community to assist you. Please be advised that this answer does not create an attorney-client relationship and these communications are neither privileged nor confidential.