New York Elder Law Attorney

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Areas of Practice
Advance Directives
Application for Nursing Home Benefits
Asset Protection
Charitable Planning
Community Medicaid vs. Long Term Care
Competency and Capacity Designations
Estate Recovery
Excess Income Trusts
Income Test
Inheritance and Estate Tax
Insurance and Financial Planning
Lawsuit Settlements
Life Care Planning
Long Term Care
Look Back Periods
Nursing Home Law and Litigation
Nursing Home & Assisted Living Facility Residents’ Rights
Patient Advocates
Pension Planning
Retirement Planning
Rules for Eligibility
Social Security
Special Needs Trusts
Supplemental Needs Trusts
Transfer Penalties
Veterans Aid & Benefits
Wills and Trusts

"Look Back" Period for Medicaid Transfers

A 60 Month Look Back Period

When you apply for Medicaid in New York City, your application will first be reviewed by the Human Resources Administration of the Department of Social Services. Because eligibility is determined based upon age/disability, income and assets, part of the process may involve a review of past financial transactions to determine whether you transferred property in order to be eligible for Medicaid benefits. This "look back" period extends for 60 months prior to the date of your application. Property transfers completed for the purpose of gaining eligibility for Medicaid may result in specific penalties against the applicant. It is therefore important to consult with an attorney regarding your financial history.

At Melnik Law Group, PLLC we can review your financial transactions and can advise you on what to expect. We recommend that you talk to a lawyer before you apply. If you apply for Medicaid and it is determined that you made a property transfer in the look back period, you may be declared ineligible to receive Medicaid for a specific period of time. This time period is generally calculated by dividing the value of assets or property transferred by the average cost of a nursing home each month, and then enforcing an ineligibility period for that length of time.

NYC Elder Law Lawyer — Helping Our Clients to Attain Benefits

A 5-year look back period may make applying for Medicaid a difficult task. With our experience in helping Medicaid applicants in Manhattan, Brooklyn and the entire New York City area, our team of New York elder law attorneys can provide you with the information and legal representation you need to make the right choices about your application and in making any transfers of property or assets. We can talk to you about different types of asset protection that will have no negative impact on your eligibility.

Contact Attorney Melnik at our law firm to learn more about how the look back period may affect your approval for benefits.

Rockefeller Center 7th Floor 1230 Ave. of the Americas New York, NY 10020

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Melnik Law Group, PLLC - New York Elder Law Attorney
Located at One Rockefeller Plaza, 10th Floor New York, NY 10020 . View Map
Phone: (800) 517-5110