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

Medicaid Applications

The Medicaid Application process is something like preparing for a five year audit. The Department of Health and Family Services., along with the Office of Inspector General will review all payments made by check or credit card that are over $500.00 and an explanation must be prepared for each of these. If caregivers were paid in cash, there would need to be affidavits prepared to allow the caregiver to clearly state what services they gave the elder in exchange for the money they received and how much money they received for the work.

If there were gifts made to family members or friends, the elder may receive requests to explain these. A gift is acceptable to a family member if it is customary and reasonable. Larger gifts will likely be penalized and the attorney helping with the application will be needed to help cure these gifting penalties with a special annuity or perhaps ask the adult child to return the gifted amount.

In all, there is a fair amount of diligence an attorney needs to put into reviewing the bank statements and asset statements, while requesting all of the documentation that will be required during the process by the state. Ideally, the documents will be thoroughly reviewed and ready to submit at the time of filing the application. When the documents are officially requested there is little time to gather them or go over them and only two extensions are allowed. I submit my Medicaid applications with a cover letter identifying all of the documents sent, along with a brief explanation if one is necessary for any anticipated challenges that can be foreseen.

Inevitably, there are more requests and communications necessary before the multi-layers of review are completed and the application is approved. Lately, there has been more need of filing appeals for denied applications and this has added to the overall expense for filing the applications. The elder is protected during this process by what is called the Medicaid pending status, while living in the skilled nursing or supportive living facility. This is a lengthy process that demands diligence and advocacy skills from the attorney.

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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, 2022
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, 2022
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