Elder Law

Deeming

The SSI regulations describe deeming as the process of considering another person's income or resources to be your own. See…

2 years ago

Resource Eligibility

As a general rule, all countable resources owned by the Institutionalized Spouse are considered available to pay his or her…

2 years ago

Income of the Community Spouse

The law protects a Community Spouse with low income. It does this by diverting a portion of the applicant's income…

2 years ago

Income Eligibility

On the income side, there are three pathways to Medicaid eligibility for nursing home residents. First, SSI recipients are almost…

2 years ago

Nursing Home Medicaid and HCBS Waivers – Financial Eligibility

In evaluating financial eligibility for Medicaid, both monthly income and resources must be considered. The basic rule is everything having…

2 years ago

Financial Eligibility Overview

Categorical and medical eligibility is covered in Chapter 2. Here we begin an aerial fly-over of financial eligibility. In this…

2 years ago

What does if mean to be “blind” under the Social Security Act?

42 U.S. Code § 1382c(a)(2) states: An individual shall be considered to be blind for purposes of this subchapter if…

2 years ago

Medical Eligibility

Only those persons with a medical need are eligible for Medicaid and not all persons needing help receive Medicaid. In…

2 years ago

More on State of Residence

With few exceptions (such as the existence of an interstate compact), a Medicaid applicant must be a resident of the…

2 years ago

More on Citizenship

An applicant must be a U.S. Citizen or a legally admitted alien to receive Medicaid. 42 CFR § 435.406. In…

2 years ago