Hiring a Long Island Medicaid Planning Lawyer is Often Necessary for Both Planning for and Obtaining Medicaid Benefits

October 27, 2017
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New York (NY) Medicaid is a federal and state-funded program that provides health coverage for long-term care services, including care at home or in a nursing home. NY Medicaid is complex and applicants find the process confusing and difficult to navigate. It is important that those who are looking to qualify for NY Medicaid benefits seek the guidance of an experienced Long Island Medicaid planning lawyer who has a full and thorough understanding of the process by which to secure benefits while protecting the most assets.


Why is applying for Medicaid so difficult?

Medicaid is made up of many different programs, each of which has unique application and eligibility requirements. Applying for Medicaid is a complex process because it requires the integration of legal, estate, and tax law.


How can a lawyer help me plan and apply for Medicaid?

Provide Needed Information

Long Island Medicaid lawyerEach Medicaid program application requires different information. However, all Medicaid program applications, regardless of which benefits the applicant is seeking, require extensive personal documentation and detailed proof of income. Certain Medicaid programs will require proof of assets and five years worth of asset records. Asset transfers made during this timeframe may penalize the applicant, making them ineligible for Medicaid benefits for a period of time that is determined by the amount that was transferred.


Provide Application Assistance

An experienced Medicaid planning lawyer can advise individuals on what benefits are available to meet their long-term care needs. A lawyer can guide individuals through the application process for the benefits they need, provisions of the law that may be used to protect their assets, as well as the applicant’s and their loved one’s rights under the law.


Protect Your Assets

Oftentimes, a major concern among Medicaid applicants is how their assets may be protected from the government while still meeting the program’s financial eligibility requirements. A knowledgeable Medicaid application lawyer can help applicants navigate look-back periods, asset transfer penalties, and spousal refusal risks to help applicants get the care they need while protecting the greatest amount of their income and assets.


What are the risks of not using an attorney?

Medicaid planning attorneys have an ethical obligation to advocate for the applicant and their best interests. They have the duty to inform individuals of all provisions of law related to Medicaid and can accurately answer the questions of Medicaid applicants and their loved ones.
According to the New York State Bar Association, risks associated with not using an experienced Medicaid planning lawyer include:

  • Incomplete or inaccurate Medicaid application submission
  • Failure to be informed of asset protection opportunities
  • Denial of Medicaid application due to failure to provide information
  • Failure to be informed of consequences of prior actions
  • Imposition of a penalty period for which mitigation strategies could have been implemented
  • Failure to be fully informed of spousal rights
  • Failure to have an experienced advocate guiding you through the process


The successful planning and application for New York Medicaid benefits require both knowledge and expertise to help you get the best care while protecting the most assets. The New York Medicaid planning lawyers at Tully Law, PC have helped thousands of Nassau County and Suffolk County residents navigate the complicated eligibility rules of Medicaid’s community home care and nursing home programs. For more information about our Medicaid planning and eligibility services or to schedule a consultation, contact our Long Island elder law firm at (631) 424-2800.


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