Practice Areas

Medicaid Application

Edited by Rory Clark

The ABD Medicaid Application Process Is Full of Traps for the Unwary

Have you ever heard the phrase “pennywise and pound foolish?” It means being extremely careful about relatively small amounts of money at the expense of much larger amounts of money. Many seniors and their families don’t use a lawyer to plan for long-term care or ABD Medicaid, often because they’re afraid of the cost. An experienced elder law attorney can guide you through the very technical process of applying for ABD Medicaid, help you save money in the long run as well as make sure you are getting the best care for your loved one. In most cases, a skilled elder law lawyer will save a family many times the money they will spend in getting professional guidance to avoid delays or denials and secure the benefits of smart planning.

ABD Medicaid rules provide multiple opportunities for long-term care recipients to preserve assets for themselves, their spouses, children and grandchildren, especially those with special needs. There are more opportunities for those who plan ahead, but even at the last minute, when an application is needed immediately, there are almost always steps still available to preserve some assets.  Here are a few reasons why the Legacy Elder Law Center can be the best solution for preparing, filing, and prosecuting your ABD Medicaid application.

No Conflict of Interest

When nursing homes offer to file an ABD Medicaid application or refer the families of residents to non-lawyers to assist in preparing the ABD Medicaid application, the preparer has dual loyalties, both to the facility who employs the preparer or provides the referrals and to the client applying for benefits. To the extent everyone wants the Medicaid application to be successful, there is no conflict of interest.

It is in the nursing home’s interest that the resident pay privately for as long as possible before going on Medicaid, while it is in the client’s best interest to protect assets for the resident’s care and for the resident’s spouse or family.  At the Legacy Elder Law Center, our experienced professionals have a duty of loyalty ONLY to the client, and we will do our best to achieve our client’s goals in every case.

Save Money

Nursing homes can cost as much as $16,000 a month in our area, so it is unusual for legal fees to prepare, file, and prosecute an ABD Medicaid application to exceed the cost of even one month of care in the facility. It is not difficult to save much more than this in long-term care and probate costs.

Specialized Knowledge and Deep Experience

A professional who works in any field on a daily basis over many years develops both the depth and breadth of experience and expertise to effectively advise clients on how they can achieve their goals, whether those are maintaining independence and dignity, preserving funds for children and grandchildren, or staying home rather than moving to assisted living or a nursing home. The Legacy Elder Law Center’s lawyers and other professionals not only have years of legal experience but the critical personal understanding that often makes all the difference in meeting a client’s objectives.  Less experienced advisers, however well-intentioned, can not know what they do not know.

Malpractice Insurance

You can expect that every professional at the Legacy Elder Law Center will provide outstanding service and representation. We back that pledge by carrying malpractice insurance.  This is probably not the case with other non-lawyer advisers in the Medicaid arena and is certainly not the case if a nursing home prepares your ABD Medicaid application.

Peace of Mind

Knowing that every opportunity to protect your loved one and their life savings has been pursued will give you peace of mind and the ability to focus on what you do best; love and care for your loved one.  Rest easy knowing that you will not have to become an expert or dedicate precious time completing government forms, arguing the rules, or dealing with the social services case managers who are tasked with reviewing your application.  Not only have the professionals at the Legacy Elder Law Center successfully won ABD benefits for many years, they are probably well known to and have an excellent working relationship with the case manager who will handle your claim.

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