Elder Law and Disabled Individuals
The Elder Law & Disabled Individuals Practice Group counsels clients regarding the options available for long term care and advocates on behalf of clients to make sure they receive the maximum benefits legally allowed by government entitlement programs such as Medicaid, Social Security and Medicare. Neither private health insurance nor Medicare pays for long term care for individuals who are no longer able to independently perform the activities of daily living (dressing, eating, bathing, ambulating, toileting). The cost of such care is increasingly expensive. Most Central New York nursing homes were charging more than $260.00 per day in early 2007. At $95,000 per year, few Central New Yorkers can afford the cost of such care.
Medicaid pays for chronic long term care if an applicant meets its eligibility requirements. Those requirements and the process of applying for Medicaid are among the least understood and most complicated procedures currently facing our senior and disabled populations.
There are legally valid options to protect the assets of disabled individuals, especially individuals under age 65. By having a special trust called a "Supplemental Needs Trust", disabled individuals can usually maintain eligibility for Medicaid and SSI even when they receive a settlement from a personal injury action or an inheritance.
Our practice group is led by Charlene E. McGraw, Esq., a frequent presenter at bar association programs regarding Medicaid laws and related issues. Under Mrs. McGraw's supervision, our practice group's staff applies complicated Medicaid rules and procedures to our clients' individual circumstances. We recommend asset protection strategies for our clients. We prepare trusts and deeds with retained life estates. We help our clients receive the maximum legal benefits allowable from the Medicaid program and protect our clients' assets from unnecessarily having to be "spent down" and exhausted by the cost of long term care. We prepare and file Medicaid applications and handle "fair hearings" for clients wishing to appeal erroneous decisions on Medicaid applications.
Most importantly, we represent our clients with the understanding that we must protect their dignity as well as their legal rights.
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Related Information
Controversial Changes to Medicaid Took Effect August 1, 2006
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Very Valuable Information for Seniors
We would like to call your attention to a web site that provides a wealth of information on New York law, and most importantly, very valuable information for seniors: www.lawhelp.org/NY
