Common Questions About What a Medicaid Lawyer Can Do for You 

1. I have heard that I possess too much money to qualify for Medicaid, so why should I apply? 

While it is true that Medicaid is a program designed to provide coverage for individuals with limited access to “countable” assets (often below $2000.00), there are various methods to reduce the size of a person’s access to “countable” assets. These methods are not widely publicized and are often quite complex to navigate unless you have spent years gaining experience in navigating this confusing government process. 

Carr Law Group has that experience and provides a free initial consultation, so there is absolutely nothing to lose by taking 30 minutes to understand how we can assist during this difficult time. 

2. Medicaid lawyers are expensive, so shouldn’t I just apply myself? 

It is true that any person is free to apply to Medicaid without the assistance of an attorney. In fact, if you have less than $2000.00 in assets and income less than $2523.00 per month (as of 2022), then Carr Law Group will advise that attorney involvement is unnecessary and will recommend that your chosen facility has the ability to file the Medicaid application without further complication.

However, if you are one of many individuals who have worked your entire life to save money and don’t wish to quickly hemorrhage all of it by privately paying $8500 to $9500 per month (the average cost of a long-term care facility), then a Medicaid lawyer is actually a very cheap option. Fees for Medicaid representation generally range between 2 weeks to 1 month of care at a long-term care facility. Therefore, if Medicaid is approved, the potential to break even within the first month is a distinct possibility.  

3. Doesn’t the care facility submit my Medicaid application without the need to hire an attorney? 

Although many facilities have staff in place to submit a standard Medicaid application, they are not attorneys and are simply not equipped to handle Medicaid cases that involve an over income or over asset situation. The care facility is not allowed to solicit legal advice and is unable to draft the necessary legal documents that might be required to address these more complex Medicaid situations. 

Carr Law Group offers a 100% free initial consultation, so we will advise if your case requires attorney involvement or if the facility is capable of handling the application without further need for legal documents to be drafted and executed.  

4. What qualities should I look for in choosing my Medicaid attorney?  

Congratulations on making a wise decision in seeking professional guidance regarding your Medicaid application. Many attorneys practice Elder Law – drafting trusts, wills, asset protection, and general estate planning. Far fewer Elder Law attorneys dedicate themselves solely to the practice of Medicaid Law. The rules for Medicaid are updated and change at least once a year. Therefore, an attorney who handles only a handful of Medicaid cases throughout their career may not possess the expertise needed to handle more complex matters. It is best to ask the attorney directly about the number of Medicaid cases they have handled over the last year. 

Carr Law Group’s Medicaid attorney, Brian Lit, has handled over 2,000 Medicaid cases in his career with approximately 300 cases of varying complexity per year. Brian is solely focused on Medicaid while entering the world of Estate Planning, Trusts, Wills, and other areas of Elder Law when it is required in furtherance of Medicaid planning. Don’t be afraid to ask your attorney to discuss their qualifications as this will help you choose the best possible advocate.