Medicaid disability coverage may be available if you have a qualifying disabling condition and if you meet certain other requirements such as having limited financial resources. Determining if you are able to get Medicaid can be complicated, so it is best to speak with an experienced attorney about what your rights and options are.
The Law Office of Michael Robinson, P.C. can provide you with the help you need to make a plan to qualify for Medicaid and to understand Medicaid eligibility rules in New York. Give us a call at 585-374-5210 to speak with a Rochester Medicaid planning lawyer and to find out more about the assistance that we can offer to those who need coverage.
How Does Medicaid Disability Coverage Work?
Medicaid disability rules vary depending upon what kinds of disability benefits you are receiving. There are two primary programs which offer disability benefits to people who have long-term disabling conditions that prevent them from working. These programs include Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI).
The New York State Department of Health explains that you can qualify for Medicaid if you are receiving SSI. SSI is a program for lower income people who have limited resources, just as Medicaid is a program for lower income people with limited resources. You are subject to strict limits on earnings and assets if you are trying to qualify for either program. SSI also has a very narrow definition of what it means to be disabled, and you can get SSI only if you are disabled, blind, or a senior.
Social Security Disability Insurance, on the other hand, is different from SSI. Social Security Disability Insurance (SSDI) is not means tested, nor is it needs-based. It is a form of insurance that the government provides and that you pay for through your Social Security taxes, which are taken from your paycheck. Those who have earned sufficient work credits, which are defined by their age at the time of disability, can get SSDI no matter what they make or what their resource level is. You will need to show you meet the strict definition of disabled the Social Security Administration has established for SSDI in order to get benefits, but don’t have to provide proof of financial need.
If you qualify for SSDI, you may not necessarily get Medicaid disability benefits. You would have to qualify for Medicaid under standard rules which set limits on household income and total resources. There is a chart on the website of the New York State Department of Health which explains income and resource limits based on your family size.
Because many people who receive SSDI do have incomes that are too high, or have too many resources, they may not get Medicaid at all. This could leave some disabled individuals struggling to pay for insurance. SSDI recipients can become eligible for Medicare coverage, but not until they have been on SSDI for 24 months.
Planning for Medicaid Coverage
Getting Medicaid coverage is important because Medicaid can result in much lower healthcare costs than private insurance or Medicare. Medicaid can pay Medicare premiums and Medicare co-insurance costs. Services can be provided with low or no co-pays. Medicaid is also one of the only ways to get nursing home care paid for, outside of paying privately. Medicare and private insurers only pay for a nursing home if you have a need for skilled medical care for a limited time, while Medicaid will pay for your nursing home if you just need routine daily care.
Because there is a risk that you could become disabled and need nursing care, or that you will need nursing care as you get older, it is a good idea to make an advanced plan to try to qualify for Medicaid coverage. You can do this by working with a Medicaid planning lawyer to structure ownership of your assets so you are not disqualified from Medicaid benefits based on having too many resources.
Getting Help from A Rochester Medicaid Planning Lawyer
A Rochester Medicaid planning lawyer at The Law Office of Michael Robinson, P.C. can provide you with the assistance you need to make a comprehensive Medicaid plan. We can explain Medicaid disability rules under New York law to you, and we can help you to find ways to protect your assets while getting the care you need.
To find out more about Medicaid planning, join us for a free seminar. You can also give us a call at 585-374-5210 or contact us online to speak with a Rochester Medicaid planning lawyer to learn more about what our legal team can do for you.
- How Estate Planning for a Family May Trap the Unwary Practitioner - August 31, 2022
- State Income Taxation of Social Security Benefits - August 24, 2022
- Understanding Tax Apportionment Clauses - August 17, 2022