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cindy1906 Asked September 2012

How can I get Medicare for my elderly mother if she draws too much retirement?

According to Social services I cannot get help for my mother because her state retirement puts her over the limit. How can I take care of this to help her. She needs someone to stay with her but we cannot afford home health care.

igloo572 Sep 2012
If she was going into a NH or other long term care facility and she is over the maximum for monthly "Income" but qualify for Medicaid in every other way (like her assets are at or under Medicaid limits in your state) and she qualifies medically for NH or LTC, then she can do a "Miller Trust" to get her monthly income down to the Medicaid acceptable level for Medicaid to pay for her NH costs above the 2K.

How Miller works is that if it is that every month they are over the states income limit for Medicaid BUT not enough to pay in full for the NH and qualifies for NH in every other way, then they can see an elder care attorney to do a "Miller Trust" or a "Qualified Income Trust". Say mom gets 1K from SS & 1,500K from retirement every mo. Income = $2,500. Basically $ 500 over ceiling for monthly income for Medicaid. No matter what is always is $500 over. So this excess $ 500 is what funds the trust and therefore mom’s income is now 2K and within the states income ceiling. The beneficiary of the trust is state's Medicaid program and upon mom's death reverts to the state. Miller really has to be done by an attorney who does elder law as it needs to be flexible/adaptable and meet the criteria of each state's law on probate (death laws) & Medicaid rules. It is not a do it yourself project, really truly you need an elder care attorney to do it for mom.
Good luck.

QuechuaCare67 Sep 2012
Oh sorry didn't see the full post...not sure where you live but in some states there is help regardless of income...if CT if the patient has at least 3 documented needs...they qualify for home health care....might not be as much as you need but its a start...it took me awhile to find this information in my situation but the dept on aging was helpful. Best of luck with everything!!

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jeannegibbs Sep 2012
The too-much-to-qualify-but-not-enough-to-private-pay is a real dilemma for many. I suggest that you use some of Mother's "excess" income to consult a lawyer who specializes in elder law. (The speciality is critical.) This professional can advise you on how to apply for Medicaid and the Elderly Waiver part of the plan.

My husband's income is over the limit, too. So he has a monthly "spend down" amount -- a portion that he must pay for the services he needs. It is kind of like a deductible.

Social Services may not be able to automatically start Mother on a Medicaid program, but I suggest you consult an elder law attorney to look into the more complicated details.

QuechuaCare67 Sep 2012
I believe Medicare is a right not a privilege. She may nit be eligible for Medicaid...but Medicare comes with social secuirty...at least we all have it for now...

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