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So the whole of my issue is my dad a couple years ago was applying for Social Security benefits and while we didn’t know he could have been receiving his normal SS while applying for SSDI, I was paying his bills and mine. I didn’t keep meticulous records like I now know I should have.


We had an agreement that when he got his back pay he would reimburse me for all that years expenses. It was a hefty sum and a majority of the back pay. Well, now he’s got dementia and it’s rapidly getting harder to care for him alone and we were looking into a nursing home. But we already went through the process once and had, without documentation, violated the 5 year look back. Now this being said, the penalty for my state and amount that is being penalized is I believe about 5 months.


We obviously don’t have those funds because he doesn’t receive near what a nursing home costs each month. And when he paid me back, I paid off a lot of debt I had accrued. So, now my question is, do we apply for Medicaid again for LTC and just get denied again? And also, is this something an elder law attorney may be able to help with?

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Reply to WOpperman42
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"And also, is this something an elder law attorney may be able to help with?"

Yes. Perhaps.
This appears to be your only option at this juncture.

Why haven't you secured an attorney ASAP?
Attorneys specialize in these areas. You need to do your research to find one.
These issues can be very confusing / cumbersome / complicated.

Do not continue to make the same uninformed decisions.
Call an attorney. What's done is done. The best you can do if find out how to move forward to get the care your dad needs without further depleting your financial resources.

Gena / Touch Matters
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Reply to TouchMatters
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local lawyer that specializes in elder law or family law can help you.
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Reply to Taarna
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confusedgrape: Retain an attorney.
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Reply to Llamalover47
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You are a good kid! I am sure your dad is proud of you. Many kids have great parents, and then just turn their backs on them in their time of need.
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Reply to Tiger8
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Yes, you need the attorney.
I am hoping Igloo might be around; she is good at all this and may be able to refer you to somewhere you could find help. But this definitely sounds complicated, and isn't a do-it-yourself situation after the mistakes that were made.

Sadly this message can serve as a warning to others about all record keeping.
Sorry you are going through this.
If there are any Senior Centers in your area check in as they sometimes have the numbers of attorneys who will help either pro bono or by charging according to your income/ability to pay. Call, also, your local Council or Agency on Aging for advice and guidance.
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Reply to AlvaDeer
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swmckeown76 Feb 8, 2025
If you or your father are a member of a church, synagogue, temple, or mosque, ask the clergy for recommendations for a good elderlaw/estate planning attorney. That's how I found the one that helped my late husband and me (prior to his needing long-term care). Our priest told me that one of the parishioners was an elderlaw/estate planning attorney and gave me her contact information. While we never needed Medicaid to pay a part of his long-term care, I met with her periodically (in-person or online) to see how long my husband's money would last. She also helped us with health care and financial POA documents.
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I agree, you need an Elder lawyer. This is not cut and dry. We are not experts in Medicaid or SS.
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Reply to JoAnn29
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Yes, consult with a certified elder law attorney and/or a Medicaid Planner for your Dad's home state.
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Reply to Geaton777
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