My wife is currently a long-term Medicaid resident in a skilled nursing home. I have obtained a spousal refusal so they are demanding her entire social security check.

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FredGr1 Asked October 2016

My wife is currently a long-term Medicaid resident in a skilled nursing home. I have obtained a spousal refusal so they are demanding her entire social security check.

other than $50. I went to a fair hearing and showed the ALJ a letter from the mortgage broker stating that her entire check was needed otherwise the mortgage would not have been approved. He ordered medicaid agency to recalculate then after 8 months of non-compliance they said i will have to submit her entire check as before not complying with the original order from the ALJ. I have appealed again awaiting another hearing date but I am not sure as what to say on behalf of my request. Any advice?

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score 2 · Answer 1

igloo572 is right, you are signing off. The first thing this triggers is a separation of assets. So it should be no surprise that the person in the nursing home gets all of their SS. Next you can expect the NH to become representative payee.
You will need to rearrange your mortgage or sell the house and sadly, you have agreed to no say at all about her assets.

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score 4 · Answer 2

Fred - ASAP see an elder law atty. & this not only for the SScheck situation but to deal with what could happen with your spousal refusal. Spousal refusal can morph into her becoming a ward of the state with a state appointed guardian for her. If this happens you could find yourself with no input on her needs or her care. Tread carefully & get an atty.

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score 2 · Answer 3

Usually, an Administrative Law Judge renders their decision in writing.
Copy that.

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score 4 · Answer 4

Sorry Fred, but an answer to your question is probably too complicated for the people on this forum to answer. I suggest you make an appointment to speak with an attorney who specializes in elder law and medicaid.

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My wife is currently a long-term Medicaid resident in a skilled nursing home. I have obtained a spousal refusal so they are demanding her entire social security check.

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