OT: My mother may lose her SSI, HELP!

[Jessd]

Hi.

My mother has been on dialysis for a couple of years. She is on the list for a kidney transplant.

There was a lawsuit against a drug company for a drug that she was on. She got a settlement last week for $2400.00. She called for her social security and they told her that she would have to repay one month's worth of benefits. Fine, no problem.

Now she got a letter from SSI that they may be cutting her Medicaid benefits which would mean no more dialysis! They said that they need proof how she spent the money and then they would decide if they would take away her benefits.

All this for only $2400! Is there anything we can do? What kind of receipts should we provide. Without her dialysis she can die. I don't know what to do. I mean can she give it away or put it away for her grandkids or something?

I appreciate any help or suggestions you can give. We live in Colorado if that makes a difference.

 

[MarieS]

I don't know if this would apply in your case, but you might want to consult a lawyer about the settlement going into a special needs trust. I know this can be done for a special needs child whose parents sued and won a medical malpractice suit. Not sure if this would apply for an adult with medical needs though. Or call a lawyer who specializes in social security and ask what the limit on assests is. I thought the medicaid limit was under $2000, but can't remember.

 

[SueM in MN]

I would contact the Social Worker for the dialysis center and/or for the kidney transplant list. They have probably dealt with this type of situation before and would know the resources in your area.

There should be a number on the letter. I would suggest calling and explaining that without dialysis, she will die. If she has Medicaid, she should also have a caseworker from the county who is responsible for her case. That person should get a call too.

 

[rigs32]

Most areas have a legal aid type place that deals with elder care issues. They can answer the question. Most likely, she'll be ineligible until she gets back below the allowable asset level to receive the benefit.

 

[videogal1]

Hi.


Now she got a letter from SSI that they may be cutting her Medicaid benefits which would mean no more dialysis! They said that they need proof how she spent the money and then they would decide if they would take away her benefits.

It is easy to spend $2400 on appropriate expenses for home access or other kinds of medical support products that will bring the $2400 to a level of $0.00.

I was in a similar situation and spent $42,000 on making my home easier to live in and my transportation easier to accomplish....Got the questioned amount down to $0.00.

 

[Jessd]

I gave her money for a car, would showing her a reciept that she paid me back some of the money count?

Thanks!

 

[Juliah]

I don't know all the rules on SSI, but I'd want to check with someone who does before showing a receipt saying that your mom paid you back. I mean, could she also get in trouble for taking money from you? If you are going to show a receipt like that, maybe you should write up some kind of loan agreement and have her sign it to prove it wasn't a gift.

 

[videogal1]

I gave her money for a car, would showing her a reciept that she paid me back some of the money count?

Thanks!

That would be a little "messy" especially if there's no proof you loaned her the money in the first place. Another problem is that a car may not be considered to be directly related to her condition whereas a special bed, ramp, chair, or other durable medical goods or adaptation to her living space would be more obvious. I agree, contact a professional. When I was trying to figure out my situation I contacted a company called Allsup Inc. for their opinion of what I could do. They were very helpful and listened to my problem without charging me...although, if your situation is different in that regard you might be able to apply the cost toward reduction of the $2400..... Talking to them might give you some needed peace of mind...