How to Handle SSI Overpayments

By Neal A. Winston, CELA

Supplemental Security Income (SSI) is a monthly cash payment to qualifying individuals with disabilities, based on financial need. While it often forms the foundation of their financial security, its requirements are both strict and complex. Even attorneys who don’t routinely deal with public benefits may get confused. So it’s not surprising that mistakes get made and recipients may find themselves receiving notification from the Social Security…

MassHealth vs. Irrevocable Trusts – a Concerning Trend

What is happening?

There has been a concerning trend with MassHealth’s treatment of irrevocable trusts. What once was a reliable asset protection strategy has now become a minefield of adverse and unlawful MassHealth decisions that result in benefit ineligibility.

In a nutshell, MassHealth caseworkers and hearing officers are denying MassHealth applicants eligibility because they are interpreting many irrevocable trusts to be countable. For example, MassHealth may deny…

From Nursing Home to Community Living – Could This Work for You?

Given the number of options available for at-home care and financial assistance from state Medicaid (called MassHealth or CommonHealth in Massachusetts) programs, we are now seeing a growing trend of nursing home residents regaining their independence and transitioning back into the community. This is a very attractive possibility for those individuals needing an increased level of care at some point in their life, but do not wish to permanently reside in a nursing home setting. Both

Maintaining Medicare Skilled Nursing Facility Coverage

Following a hospital inpatient stay of at least three days, Medicare will pay for care in a skilled nursing facility (SNF) for up to 100 days for each period of coverage. This is often called “rehabilitation” coverage and can be provided in a dedicated rehabilitation facility, certain parts of some hospitals, or in some facilities that also provide nursing home care. The purpose of this type of care is to transition the patient back to as much an independent level of self-care…