The Law Office of Jeffrey P. Story, LLC
Medicaid Applications

Medicaid Applications

Filing a Medicaid application is not what it seems like. Instead of stating the applicant’s name, Social Security number, marital status, amount of money paid to a nursing home, etc. you are actually opening the door to an intensive five year audit by a state agency that is dedicated to saving the tax payer money and denying benefits to Illinoisans. This is the unwritten “mission” that the Illinois Department of Healthcare and Family Services (DHS) and its sister agency, the Office of Inspector General (OIG) have defined for themselves. It is a “mission” that is contrary to the Illinois Legislature and the United States Congress, which has provided rights to residents in Illinois that DHS and the OIG strongly disagree with. This is why our society needs good class-action attorneys to sue such agencies to dissuade them of their attempts to circumvent the legislature with their own brand of de facto law. It often takes a federal judge to tell the agency that they are not Congress or the Legislature and that they do not have the right to create rules or implement policies that conflict with the State and Federal legislation.

Presently, if you hire an attorney to advocate for your rights under law, to avoid having your life savings taken from you as a condition for receiving Medicaid, you are deliberately targeted for attack by a hostile agency that is looking for a way to deny your application. If you choose to donate your life savings to a for-profit skilled nursing facility, that facility can apply “for free” on your behalf and even lie or mislead the agency at will, to suit its own needs.

When I file a Medicaid application, I need to have the assurance that the Power of Attorney agent that is gathering the documents and bank statements will do so in a timely fashion. The POA Agent must make sure that the income the elder receives from Social Security and their Pension is paid to the elder’s facility every month. Important questions to be answered, such as “Were there private duty caregivers employed?” If they were paid by check or ATM withdrawals they may now need to have supporting affidavits with exhibits drafted to pass DHS/OIG scrutiny. I go all out to help my Medicaid applicants to “cure” prior gifts using Medicaid Compliant Annuities to follow the law.

The paper file of supporting documents is large and I only accept bank statements in paper form. There are many pitfalls to applying for Medicaid. This is especially so if you have been caring for an elder with Alzheimer’s or dementia who can no longer handle their own finances. DHS challenges every deposit or withdrawal over $500 as a suspicious transfer that must be reconciled with an explanation. If that explanation is not satisfactory to the DHS or OIG Analyst, it may be deemed a countable transfer or completed gift that has now created a penalty.

As I stated in Medicaid Planning a.k.a. Asset Protection for Medicaid applicants, asserting statutory rights to save some of your assets for your spouse, children with disabilities or even for your own care needs beyond Medicaid and Medicare with the balance left at your death passing to your estate is somehow construed as “cheating the taxpayers.” Most of my clients and myself are tax payers. If the legislature and the U.S. Congress enacted these laws to help citizens applying for Medicaid, are they also in cahoots with the people “cheating the taxpayers”?

You can expect a fight when you apply for Medicaid, possibly leading to filing an Appeal for such crucial items as emails that DHS swears they never received containing Funeral Plans. Fortunately Outlook provides receipts to allow attorneys to win the day in a Fair Hearing. Alas, the price charged is earned by your attorney and the filing of the application is far more than filling in the blank online and uploading a few electronic documents.

Read Our Client
Excellent attorney who cares about people

I found Mr. Story on a website - I live in Texas but had a matter taking place in Evanston, IL and I needed legal assistance. I'm certain that Mr. Story is a busy man but he listened to my long, detailed issue. He asked questions - he was genuinely concerned and gave me excellent information so that I could move forward. It's so hard not being in the same state when you are trying to take care of an important matter. He took the time to walk this through with me and I was so grateful that I found him.

~ Monica July 16, 2019

I hired Jeffrey to help me navigate the paperwork for my mother’s Medicaid application. I was being 100% honest on the application, but I knew there were going to be things in our case that looked odd to the caseworker. How true this turned out to be. The application was ultimately approved, but it took nearly a year. In that terribly stressful time, through every additional set of document requests, I relied on Jeffrey’s advice and counsel. He kept me calm, focused, and on track. He knew when to push back when the requests were ridiculous, and when to seek additional advice when they were baffling. And through it all he never billed me for a single dollar more than the flat fee I paid up front. I highly recommend Jeffrey.

~ Frank September 8, 2015
Will & Trust

Jeff executed a Will and Trust for my elderly mother. He gave us expert advice and helped my mother enormously with a contentious situation. We initially contacted Jeff because he specializes in legal affairs for the elderly and found his knowledge and sensitivity to issues most reassuring and helpful.

~ anonymous September 7, 2015
Jeff Story is Member of