Articles Posted in Medicaid


We have several new articles we wanted to share with you:

*What is a technical violation of the FDCPA against an abusive debt collector? Hint: any violation that applies to someone else — or at least that is what the defense lawyers for debt collectors believe. 🙂

*Can you still recover mental anguish or emotional distress damages from an abusive debt collector even if you have previously suffered from depression or anxiety? The answer is yes — it all depends on whether you were harmed by the collector. Where you “start out” at is simply that — we look to see if wherever you were before you were abused by the collector is different than where you were after you were abused. If it harmed you, then you should be able to recover money damages.


There was an excellent article a week or so ago regarding the benefit of using a geriatric care manager if you are dealing with older family members who are having difficulties either physically, mentally, or financially because of poor health.

It will be worth your time to read the entire article but here are few hilights to show the value of this article and the premise of paying for a geriatric care manager:

Linda Fodrini-Johnson, a columnist for the weekly community newspaper in Orinda, Calif., addressed these issues in a recent column ( discussing what to do when elderly parents resist all your suggestions. “Sometimes learning a different approach can make the difference in achieving the results you would like for your parents,” she writes. “Hire a geriatric care manager to assist with transitions and supervise the quality of help.”

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There is a good blog post by Nolan Stewart PC related to elder law issues for folks with dementia that we suggest you read.

In this post there are references to both the medical issues that arise (i.e. needing health care proxies, etc) and issues related to money (how to pay for long term care).

When we think about a loved one needing care who has dementia, these two issues are front and center.


Asset recovery is where Medicaid will seek to recover benefits paid on your behalf by looking for assets that you own, such as your home.

There is no asset recovery with the VA Pension benefits. Remember VA Pension benefits are for those qualifying veterans who served at least one day somewhere in the world during a time of war.


A “look back” period is where a government program or benefit looks back five years to see if you gave away any assets or money. If you did, and you are now seeking this government benefit, you may be ineligible or face a penalty.

Medicaid has this 5 year look back period which is a very serious matter.

The VA has no look back period. There are always rumblings that one will be established but as of right now there is no such period.

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