Some of the most frantic calls I receive to my office are regarding that misunderstood, dreaded word: MEDICAID. People either try to apply to the program with no assistance or knowledge of the requirements and get denied for application errors, then call us for help, or are filled with worry based upon rumors friends and family have told them.

Medicaid is an essential health and long-term coverage funding program for most seniors. About 60% of Medicaid funding goes to the elderly and disabled. One of the reasons Medicaid is muddled in myths about what is involved in the planning process is because people will consult their neighbors over a experienced attorney regarding Medicaid qualifications.

1.) The number one myth is that you must sell your home, or better yet, ALL your belongings, in order to be eligible for Medicaid. Medicaid is a type of welfare program, therefore, you can only have a minimum number of countable assets to qualify.

Key word: COUNTABLE assets.

 You cannot have more than $2,000.00 of countable assets. Countable assets are things like bank accounts and mutual funds (think plain and simple money). You CAN have a house, a modest car and miscellaneous personal property in addition to that $2,000.00 of assets.

2.) On the opposite side of the spectrum, people also spread the myth that it is against the law to sell/gift ANYTHING in order to be eligible for Medicaid. Despite what you have heard, it is NOT against the law to sell your assets in order to qualify. Yet, Medicaid does have complex gifting rules, and you will be vulnerable to a period of ineligibility after transferring assets.

The rule is: for every month of assisted living care you give away, you loose a month of Medicaid eligibility. Well, what is a month of assisted living care in Medicaid terms? If the average monthly nursing home rate is $2500, and you give a relative a gift of $25,000 in order to be eligible for Medicaid, then you will not be eligible for about 10 months and must wait to apply ($25,000 divided by $2500). Interpretation of this rule are often what leads to failed applications or the belief that you are not eligible to apply at all.

 Medicaid is one of the most unintelligible, complicated government programs, so beware battling this beast alone. Moral of the story: ask a QUALIFIED Medicaid attorney for advice and planning assistance.


Attorney Kyle Fahey handled our matter with skill and professionalism, and was always responsive. 10/10, would work with him and the firm again.

–Jon T.

The peace of mind that Peck Ricthey's office has given me is worth every penny. The services they provided me and my family in an emergency medical situation is beyond outstanding. Last minute notice, Peter Brady and team were compassionate, understanding and most importantly efficient and got the job done. Look no further if you have any needs that this office can provide for you. Definitely in good hands! Thank you, a thousand times over for all of your help.

–Christine K.

Very responsive and knowledgeable at handling our brother’s estate. Would definitely recommend!

–Ralph C.

I solicited Peck Ritchey, LLC for assistance with a living trust for which I became the beneficiary. I needed assistance with understanding the details of how it all worked. However, I was especially concerned because there were threats of allegations made by family members and a lawsuit was filed against me. I needed a solid professional who had my best interests in mind. Peter Brady took my case and he managed it flawlessly. He explained everything in a way I could understand, he knew the law inside and out, he was always available to answer questions, and even offer support when things seemed like they could become extremely problematic. In addition to this, he had a plan. He navigated the course as if he already knew the next move by the opposing attorney. He made me feel like everything was in control and that’s because he knew exactly what he was doing and he consulted with me about everything. We ended up settling out of court and ultimately the court officially dismissed the lawsuit. I honestly believe if it wasn’t for Peter and his expertise this could have gone in an entirely different direction. Peter did a stellar job and I couldn’t be more pleased and impressed with his performance.

–John T.

Tim Ritchey is as smart, honest, and genuine as they come. He truly puts helping people above making money. If you have a need, don’t hesitate to hire him.

–Jay T.

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