Public benefits are usually means-tested welfare benefits for people who need assistance. Typically they are taken from general tax dollars, which is why they are treated differently from entitlement programs. Public benefits include:
- Medicaid;
- Supplemental Security Income;
- Housing Assistance;
- Food Stamps;
- Unemployment Benefits; and
- VA Aid and Attendance.
Benefits you paid for through payroll deductions are entitlements. They include Medicare, Social Security Disability (SSDI), Social Security Retirement and Railroad Retirement.
Elder Law Attorneys and Special Needs Law Attorneys frequently use tools like special needs trusts or engage in Medicaid Planning to help older adults and individuals with special needs access public benefits. We’re still building this website, so if we haven’t answered your questions yet on one of our main pages or in a blog post, contact us at websupport@ezelderlaw.com.
- BLOG POSTS
Medicaid Changes for Seniors in the One Big Beautiful Bill Act
There are a few major changes for elders in the One Big Beautiful Bill Act. First, as discussed in numerous articles cited below, it appears that reductions in funding will cause home and community-based services to be limited. This could mean more seniors are forced into nursing homes because they lack support to remain home. […]
Recent Supreme Court Medicaid Case Does Not Change the Law
Recent Supreme Court Medicaid Case In Medina v. Planned Parenthood South Atlantic (US 6/26/2025), the Supreme Court decided that two plaintiffs did not have a right to use 42 U.S.C. § 1983 to enforce the any-qualified-provider provision in 42 U.S.C. § 1396a(a)(23)(A). The abortion part of the case is not important for our analysis. This […]
Improper Use Spoils Trust
Improper Use Spoils Trust Is it possible to spoil a trust by misusing it? The answer was “yes” in S.P. v. Division of Medical Assistance and Health Services (N.J. Super. App. Div. 2025). In that case, a brother wanted to provide housing for his sister. He did this by establishing and funding a trust that […]
Planning for Adult Children with Disabilities
Planning for Adult Children with Disabilities Childhood Disability Benefits assist disabled children and adults who became disabled prior to age 22. Most begin with Supplemental Security Income, which is a monthly cash payment for individuals with limited income and few resources. Because a parent’s income and resources are usually deemed available to the child, SSI […]
2025 Georgia Medicaid Transfer Penalty
2025 Georgia Medicaid Transfer Penalty If an applicant for long-term care Medicaid (e.g., nursing home Medicaid) transfers resources for less than fair market value during the 60-month look-back period, a transfer penalty is calculated. In 2024, the Georgia transfer penalty was $10,025. Effective April 1, 2025, the penalty divisor for Georgia Medicaid applicants has increased […]
The ARC Fights to Protect Medicaid
Medicaid is critical for individuals with special needs. It pays for things no one else will pay for and it has recently come under fire. The Arc is working to protect Medicaid for its constituents. It is activating advocates to protect services for the disability community. It is also seeking donations to further its efforts. […]
Medicare Secondary Payer law
Since 1980, Medicare pays after another responsible entity pays certain health care claims for Medicare beneficiaries. This is known as Medicare Secondary Payer (MSP). Although the issue arises in other contexts, for Elder Law Attorneys, it usually comes up when an injury claim or a worker’s compensation claim is resolved. For that reason, this post […]
When Should I Take Social Security?
Many people want to know when they should apply for Social Security (assuming it still exists when you need it). One of the reasons people ask this question is because the benefit paid is higher if you wait until after your full retirement age, but lower if you apply before your full retirement age. A […]
What is the Social Security Fairness Act?
The Social Security Fairness Act was signed into law on January 5, 2025. Prior to passage of this new law, the Windfall Elimination Provision and Government Pension Offset rules reduced benefits for certain individuals who received both Social Security and a pension based on work that was not covered by Social Security. A non-covered pension is […]
Long Term Care Services for Veterans
The Veteran’s Administration (the VA) makes long-term care support available for qualifying veterans in several ways. VA Community Living Centers (CLCs) CLCs are VA owned and operated. Veterans can receive nursing level care, including assistance with activities of daily living. Veterans are encouraged to make their rooms feel home-like by decorating their rooms and they […]
