The cost of long term care places a significant financial burden on anyone needing that care. This financial burden becomes overwhelming when a nursing home resident’s application for Medicaid (MassHealth in Massachusetts) benefits is denied. If you were unjustly denied MassHealth benefits, or received a denial notice that does not disclose the specific reason for the denial, you may be entitled to relief.
Elder & Disability Law Advocates has specialized knowledge of Federal Medicaid Law and is experienced in all phases of the MassHealth process: planning, application preparation, administrative Appeals, and judicial review and intervention. We have successfully represented clients against MassHealth in administrative proceedings and in Massachusetts Trial Courts.
We are looking for suitable cases to build on our recent Trial Court successes. Mary E. Daley v. Secretary of the Executive Office of Health and Human Services, 477 Mass. 188 (2017) – holding that in a properly drafted Irrevocable Trust, the Applicant’s retention of a life estate in his or her primary residence does not make the equity in a home owned by the trust a countable asset for the purpose of determining Medicaid eligibility. Hirvi et al v. Sudders, et al (Suffolk CA No. 18-845-D). The Court holds that in order to comply with Federal regulations, when MassHealth issues a denial notice, it must provide a clear statement of the specific reasons supporting the denial.
Would you like to discuss your eligibility for Medicaid benefits?