With more than 25 years of service to the field of elder and special needs law and its practitioners, NAELA is the premier organization for those seeking information and education on how to improve the practice of law and build their practice.
The case is about to settle, or the verdict is in, and now the client wants to know how will it affect his or her benefits. First, you will likely have to help the personal injury (PI) attorney assess the type or types of benefits the client is receiving and determine if the settlement puts the benefits in jeopardy. How did the client receive these benefits — through means-testing or due to work history? Perhaps the PI attorney has not considered benefits, but understands that the client is incapacitated and will need the assets managed; or perhaps public benefits may be necessary in the future.
When the call comes from the plaintiff’s attorney asking what should be done about the client’s public benefits, be prepared to answer.
When you move into an assisted living complex, you expect to spend the rest of your days there. However, many assisted living residents suddenly find themselves facing eviction from their homes when their health deteriorates. It is also a common practice for facilities to kick out or refuse to admit people who are eligible for Medicaid, even though the facilities are approved to participate in Medicaid.