How do I prove I am a disabled child to the MERP and thus the estate is not subject to recovery?
MERP has a few non recovery classes for estates- if a child any age of deceased is determined disabled via the Social Security or the Medicaid programs. Is the enrollment in these sufficient "proof" for the decision to recover or not?
2 attorney answers
I noticed there were no answers to your question, and I don’t know either so moved your question to the Elder Law section. However, you can probably just call the Attorney General’s Medicaid Recovery section and ask.
Mr. Huddleston is an Ohio-Certified Specialist in Estate Planning, Trust & Probate Law, with offices in Columbus and Dayton, serving client families and private business owners throughout Ohio. Mr. Huddleston responds to Avvo questions as a public service to help educate and provide general guidance to questioners, but his responses are not legal advice and do not create an attorney-client relationship.
You are correct that Medicaid Estate Recovery is not allowed to collect against the estate of a deceased Medicaid recipient while the deceased recipient has permanently and totally disabled. Their definition of disability is an "adult who is unable to do any substantial gainful activity by reason of any medically determinable physical or mental impairment or combination of impairments which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months."
Your proof would be easily met by establishing that you participate in a government disability program like Medicaid or you receive SSI or SSDI from The Social Security Administration. But that is not the test. If you don't participate in those benefit programs, you would need to establish your disability by presenting your own medical evidence of your disability to the attorney who is working to recover the asset.