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elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries

The following Georgia Medicaid cases were litigated outside the context of an administrative hearing, or were appealed beyond that point. Of course, we are not representing there are no other published decisions on point. United Cerebral Palsy of Georgia v. Ga. Dep’t of Behavioral Health and Dev. Disabilities, 331 Ga. App. 616 (2015). A provider […]

elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries

July 18, 2011 Paul A. Kryglik, Director Office of Regulations Social Security Administration 6401 Security Blvd Baltimore, MD 21235 Re: Program Operations Manual System SI 1120.220, cash loans Dear Director Kryglik: I am requesting a ruling from your office on an issue involving Program Operations Manual System (POMS) SI 1120.220, cash loans, with respect to […]

elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries

I recently met with Mr. David McGuffey at his office in Dalton, GA to make my blog, Curb Free with Cory Lee, an LLC. I am a powered wheelchair user and I work hard to spread the word about wheelchair accessible destinations all over the world. Mr. McGuffey helped to ease my mind and make […]

elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries

Almost every Wednesday morning, Allen Byers shares God’s Word with a group of believers. These messages are not for the faint of heart or those who aren’t interested in hearing the truth. Allen speaks God’s Word raw and unadorned. It’s straight from the scripture. If you want to hear these messages, they are linked below. […]

elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries

Nursing homes are intended to be places of comfort and healing. More than 1.4 million individuals live in over 15,500 Medicare- and Medicaid-certified nursing homes across the nation. Everyone knows staffing is the most significant issue when determining whether your loved one gets the care he or she needs. Staffing levels have a direct impact […]

elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries

Caregiving is hard. Being a parent is hard. Being a child is hard. And sometimes you might feel like you’re not enough. You are enough and you need to listen to this song. You’re enough!

elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries

During the week of May 1, 2023, the VA updated its Adjudication Procedures Manual to clarify that a claim in which funds were withheld pending a fiduciary appointment is a claim pending at the time of death and may be paid as accrued benefits. The updated section is M21-1, Part XI, Subpart ii, Chapter 3, […]

elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries

On May 4, 2023, the Department of Community Health announced the new state-wide average nursing facility private pay rate increased from $9,034.00 to $9,584.00. This rate is the divisor when calculating the length of a transfer penalty when resources or income are transferred for less than fair market value.

elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries

When applying for Medicaid, the nursing home spouse (called the Institutionalized Spouse) is often a joint owner (or sole owner) on checking, savings and other acounts. Should those resource be taken out of the name of the Institutionalized Spouse? The answer is generally “yes,” but it requires some context and some qualifications. The context and […]

elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries

In the Matter of the Medical Assistance Pooled Special Needs Trust of Scott Hewitt (Iowa 2023), the State Medicaid agency had a contigent interest in the trust remainder due to the payback requirement in 42 U.S.C. § 1396p(d)(4)(C). However, after the beneficiary died, the master trust informed the Department that it would retain the remainder, […]

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