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question about medicaid and social sec backpayment
posted at July 28, 2012 4:34 PM EDT
First: July 28, 2012
Last: August 1, 2012
longish post, so firstly, my apologies
A year or so ago, a dear friend of mine was ill (and still is).
During the course of this long illness and hospitalisation, a few things happened to her.
Some of them very nasty indeed.
She was deemed, by a lawyer, to have become incomptent for just as long as it took to get all her monies, and distribute them
to whoever he thought was a priority to recieve them.
He obviously thought her health insurance wasnt a top priority, so that didnt get paid and therefore her insurance was cancelled, and they no longer paid her hospital bills. She went on Medicaid from then on.
The hospital she was in then turned very sour on her and her few remaining extended family members (a sister-in-law and a neice)
The eventual outcome of this is that she was placed in a County Government run nursing home by her family. BTW, she is only 61 and now shares her days with senile dementia patients, Alzheimers sufferers and so on. With virtually no contact with the outside world, except for a visit every so often from her now "retreating back into the woodwork" family, and a cell phone that has to be topped up to get any minutes of use. I think she gets 250 minutes per month and is expensive per minute thereafter. And a very flaky interenet connection that wont allow her to connect to much..not even yahoo or the like.
Once in this nursing home, lo and behold, she was then found to be compus mentis once more, would you believe??
While all this was happening, her rented apartment evicted her and all her posessions, including her car were disposed of,
leaving her with literally the clothes she had on her at the time of her first admittance to hospital.
While she was in the original hospital, she put a claim in for SSD (Not bad for someone deemed incompetent, huh!!!!)
This took time, but was eventualy granted, and any entitlment she had from the time she made the claim to present day was
recently awarded to her. Quite a considerable sum. As she also had her bank acount closed (LONG story in itself!) she has to
wait until a debit card gets to her.
This not so wonderful care facility are telling her that, as Medicaid know she has all this cash, they stopped paying them.
So they (the care home) are now looking to her to give up this cash to them !!!
The care home loosely arranged a meeting with her to discuss the situation. This was kept in limbo. Now, however she has been
furnished with a bill fom Medicaid and the care home, plus a letter from Medicaid stating she owes ALL of this SSD back payment to the care home she is in. Whats worse, the figure stated is $900 more than this SSD payment due to her cashing in a
life insurance policy so she could eke out some sort of existance where she is now.
This leads me to my 1st question on her behalf. She is being told she is to give up her monthly check, which she accepts has
to be done. But there is some discrepancy as to the ammount she is allowed to keep each month from the check. The care home
are saying $35 a month, but she has heard others who have been in similar places to where she is now, getting upwards of $60+
So, simply put, is there a ruling anywhere where it states a set amount she will be entitled to keep back from her monthly check?
Now, back to the original question:
This back payment is much needed by her to rebuild her life, as she is, through guts and determination (and some physical
therapy as well) getting to the stage where she can apply to be "returned to the community" as these people so glibbly put it.
I know this next part is very unethical, and even immoral to suggest to her but.....what would be the likely outcome, if she
were to say to this care home that she was keeping all this SSD payment to try and rebuild her life after she is released from there, and that they wont be getting a cent of it while she gets an apartment, furnishes it etc, etc?
She wouldnt be defaulting on the debt as such, and would willingly make a payment plan with care home, but she would want to
do it on HER terms tather than theirs, if you understand what i mean
From what i am learning SSD and suchlike cant be garnished, so what would the likely actions be by the care home should she
suggest to them that possesion is nine tenths of the law, and that they will have to wait for their payment?