I live at a skilled nursing facility & when I was admitted to SNF I had Medicaid & SSDI benefits. Now, Medicare as well. I don’t know how, but my SSDI payments go directly to SNF & my back pay from SSDI got sent to SNF & my back pay SSDI was before I was a resident there. Can they keep my SSDI back pay?
Were you Medicaid pending when u entered the NH? If so Medicaid may not have paid prior to their start date. So the pay back was used to offset an open balance. I have also been told, in the last couple of years, SSD is only paying back one year. Used to be they went back to the application date.
You can ask for an accounting. To be honest, you really don't want the money if it goes over your States asset limit. This would mean you needing to spend it down. Or Medicaid stopping and you using it to pay for the NH.
If a lawyer was used, he/she gets 25% of the money to pay for his serves.
404.843.0121 | Hurley, An attorney in Georgia writes:
Georgia nursing home Medicaid continues to confuse families and professionals. One of the most confusing aspects is how the rules apply to a nursing home resident that is married vs. single.
Nursing home Medicaid laws are different for single individuals than for married individuals. In many ways, Medicaid laws are more generous for those with a spouse still at home. In general, the rules usually allow a married individual to get on Medicaid without spending all of his/her assets and income.
In an effort to protect the well spouse, Georgia laws and regulations apply different asset limits, allow for spousal diversions, and delay Medicaid estate recovery for married couples when one spouse is in the nursing home. Medicaid does not want the well spouse to be impoverished by his/her ill spouse’s nursing home costs.
https://www.agingcare.com/articles/medicaid-spend-down-for-spouses-158628.htm
You will still need an attorney.
Found this firm on the internet:
https://www.affleckandgordon.com/conyers-disability-lawyers/
I suggest giving them a call and see if someone is willing to answer your question.
The protections for the "Community Spouse" will be considered
once Disabled gets an attorney.
Just ignore any knee-jerk reactions until you get some more answers.
If "Igloo" answers, follow her directions, imo.