FAQ's

At Lamson & Cutner, P.C., you get
clear answers to complex questions.

Here are answers to questions clients raise frequently.

  • How do you know if you qualify for Medicaid?

    You can qualify. Many people have the mistaken impression that they would never be approved for benefits under Medicaid eligibility requirements. That is simply not the case. With effective planning, most people can get Medicaid. For a detailed discussion on applying for New York Medicaid, see Lamson & Cutner's Special report, 25 Strategies to Prevent Financial Ruin from Long-Term Health Care Costs. It's completely free, and makes the entire process clear and easy to understand. Simply click here to download.

  • What's covered in an initial consultation?

    You'll sit down with an Elder Law attorney who will make a detailed assessment of your current financial status and eligibility profile. The consultation will focus on how to get the care you need, and how to pay for it. If Medicaid benefits are appropriate, the process of gaining approval for a home care or nursing facility application will be thoroughly explained to you. The firm will map out an effective strategy for protecting as much of your money, income and assets as legally possible.

  • What should I bring to the consultation?

    To counsel you effectively, Lamson & Cutner needs to know about everything you have. Checking, savings, CD's, life insurance policies, annuity contracts, retirement accounts, IRA's, stocks, bonds, other liquid assets, and any real estate owned. Bring your latest statements for these accounts and assets. They're all significant.

    For example, people often have the misconception that if money is in an IRA, it's safe. In fact, in many instances Medicaid will consider an IRA account to be an available source of funds. The cash value of an insurance policy is also a resource as far as Medicaid is concerned. In both instances, they'll say take out the cash and pay for your own care. So bring everything to your consultation. Then L & C lawyers can determine what to do to help you qualify, and how to protect what you have.

  • How much does all this cost?

    Each situation is unique, and fees can only be quoted once a full assessment is made.

    Lamson & Cutner wants its services to be cost-effective, and the firm does not propose solutions that don't make good sense financially. L & C has fixed fees, so you will know in advance how much the legal services will cost and what benefits you will receive. Typically, the amount of the legal fee will be only a small fraction of the amount that a client can expect to save on long-term health care costs.

  • What's the difference between elder law and estate planning?

    The basic difference is that Elder Law planning seeks to preserve income and assets for use while you are alive. That way you can continue to maintain your lifestyle if you receive home care, or have the funds available to be as comfortable as possible if you enter a nursing facility.

    Estate planning is primarily concerned with attaining the most financially advantageous outcome for distribution of your assets after you pass on. Lamson & Cutner's attorneys can help you with both..

  • Can't I fill out the Medicaid application myself and save money on legal fees?

    There is no requirement that you retain a law firm to prepare your Medicaid application. However, most people find that completing the document is a daunting and confusing task. When you file your own application you risk doing it incorrectly, and making errors that may ultimately compromise or delay your eligibility for benefits.

    People can make mistakes and prolong approval. It's like anything else - it's better to hire a professional to do it correctly the first time. Would you try to be your own doctor? With professional help, you'll avoid potential loss or delay of your benefits and save yourself a lot of aggravation in the process.

  • What's the difference between Medicare and Medicaid?

    Medicare is a federal government program that provides medical insurance for reimbursement of expenses related to acute medical care and rehabilitation from short-term illnesses and injuries. Medicaid is a joint federal, state and local program that provides a broad range of medical and health benefits, including long-term care for those who are permanently ill, injured or disabled. The two programs are very different as to coverage, rules, and eligibility. Also, Medicare is essentially the same nationwide, but Medicaid differs, sometimes significantly, from state to state.

  • Are these money, income and asset protection strategies legal?

    Yes, of course. All of Lamson & Cutner's recommendations and strategies are authorized under federal or state law. They're time-tested, proven and very effective, assuring that clients will qualify for Medicaid benefits. The firm continually researches and stays on top of any new developments.

  • What is the "look back period"?

    The look back period is a time frame currently extending back to February 2006 during which Medicaid examines your finances to determine eligibility for benefits. Transfers and gifts that fall within this period are subject to a penalty that decreases Medicaid benefits. However, transactions that fall outside of the look back period do not penalize you.

    Between now and February 2011, the look back period in New York State will gradually increase to five years. For effective planning, if you are making any transfers of your assets now, it's a good idea to anticipate a five-year look back period.

  • What's the difference between the "look back period" and the "penalty period"?

    The penalty period is a segment of time in which Medicaid will not pay benefits. For example, let's say you live in New York City and you gave your children a gift of $100,000 two years ago, which would fall within the look back period in which Medicaid reviews your finances. If you need nursing home care now, here's how it would treat that transfer.

    Medicaid has established a monthly "regional rate" rate, which it uses to calculate the penalty period for transfers of assets. The monthly regional rate varies by year and county. Since, in our example, you live in New York City, Medicaid has predetermined the monthly regional rate for 2010 to be $10,285.

    Since the gift to your kids would not be an exempt transaction, Medicaid would take the $100,000 gift amount, divide it by the regional rate of $10,285, and not pay any benefits for the first 9.8 months of your stay in the nursing home. This is the "penalty period," and during this time, the expense of your care will have to be covered on a private-pay basis.

  • Can Medicaid take away or make me get back any gifts I made to my son or daughter?

    No. Medicaid will not make you take back a gift, or go after someone to whom you made a gift. However, if a gift or transfer is not an exempt transaction, you'll suffer the penalty period. That's a major reason why good planning is so valuable to you. With effective Elder Law strategies, certain transfers can become exempt transactions. Then you're not subject to penalties, or their financial impact is greatly minimized.

    After thoroughly reviewing your situation, an L & C lawyer will make specific recommendations on maximizing the advantages available to you and your family.

"A family can now sleep at night"...
"...the elder law firm of Lamson & Cutner has afforded our family the assurance that our father's rights and quality of life would be protected. The firm has endlessly been available by telephone to respond to every question that arises and have helped us with individual and family conferences...At every juncture on the journey to keep our now 96 year old recently widowed dad at home and safe in his natural environs, the Lamson & Cutner multifaceted and expert legal team systematically rendered guidance in a proactive, efficient, comprehensive manner. The open-ended, sensitive and empathic approach to navigating challenging decisions on behalf of our dad's interests embraced cultural, family and socioeconomic variables... if our mom were alive today she would add to our applause given that dad is in good hands and we are all able to sleep at night." The Ortiz Family

Click on an appropriate link below for a thorough discussion of your needs:

Call today to learn more about getting approval for Medicaid benefits so you don't have to pay for your own care. You'll find out how it can be accomplished and how you can also protect your money, income and assets. You can reach Lamson & Cutner toll free at 1 (877) 303-1414.