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Can I get married and not loose my Medicare and Medicaid .

South Houston, TX |

I was diagnosed with Lupus . Now the lupus affected my kidney and just last year I started dialysis . Just recently I got listed for kidney transplant . I also was diagnosed with per - cancer and osteopath - porosity . So basically I really do need this help that I am receiving and if I get married I'm afraid I will loose all this help . My boyfriend doesn't really make that much money . I think he makes about 1 , 200 . 00 a month . Right now I live alone in my own apartment and he has his . I receive 725 . 00 a month and receive food stamps .

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Attorney answers 3

Posted

Medicaid and food stamps limit eligibility based on finances and fiances of an ineligible spouse count against the spouse seeking benefits so marriage can impact benefits but may not where the ineligible spouse has minimal earnings and savings. Medicare is based on work history and disabilities rather than finances. An elder law attorney can advise of the exact benefit impact of marriage.

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.

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.

Posted

Medicare (for older persons) is not means tested. Medicare pays a lot of the expenses, but the patient still has to pay deductibles. Medicaid, for the poor, is means tested and the patient pays nothing.

I think Medicaid's means test looks at family, not just individual, income, thus the income of your spouse, in determining your qualification. I would consult with the Social Security office about your case before getting married to determine if the marriage you impact your qualification.

There is no legal relationship created or implied by the exchange of message on this website. All statements are not to be construed as legal advice but as general guidance. In all cases, an attorney should be retained to review the full circumstances and deliver advice consistent with the information learned.

Posted

I would suggest that you contact a local attorney with experience in elder law and disability matters. The Medicaid program and other government benefits programs vary from state to state, so it is important to meet with a local attorney that knows the laws of your state.

Even though you have limited resources, you can still get legal help. Contact the bar association for your county and explain that you have limited resources and need a lawyer with experience in disability and government benefits. The bar association should refer you to local organizations that provide pro bono (free) or low-cost legal services. Based on your zip code, I assume that you live in the Houston area. If you do, the Houston Bar Association should be able to help you. Their website is: www.hba.org.

I hope that everything turns out well for you and your boyfriend.

This answer is for informational purposes only. It is not intended to create an attorney-client relationship and may not be relied upon as legal advice. A careful examination of the facts is necessary before a legal answer may be relied on. You should consult your own attorney before taking or refraining from any legal action.

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