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Shields Law Firm

Shields Law Firm

  • Special Education Law
    • Behavior & Discipline
    • Bullying
    • Evaluations
    • Individualized Education Programs
    • Records Requests
    • Section 504
  • Planning & Guardianship
    • Special Needs Trusts
    • Special Needs Planning
    • Long Term Planning & Medicaid
    • Texas ABLE Accounts
    • Guardianship
  • About
    • What our clients say
    • Our Team
      • Andrea Koch, Esq.
      • Elizabeth Shields, Esq.
      • Kevin Shields, Esq.
    • Our Locations
      • Houston, TX
      • Katy, TX
      • San Antonio, TX
    • News
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Medicaid Planning Lawyer in Texas Striving to Ensure Our Clients Get Everything They Need for the Long Term

Medicaid and the Children’s Health Insurance Program (CHIP) allow individuals with financial difficulties to access essential healthcare services. However, qualifying for these programs isn’t always simple. If you’ve ever reviewed the requirements for filing — or even websites meant to simplify the process — you know that it can be quite complex. Fortunately, a Medicaid planning lawyer in Texas can help you with this undertaking. 

At Shields Law Firm, our entire focus is on helping individuals with special needs get the help they need. Our legal professionals work only in this area, so they know how difficult it can be to access government benefits. Fortunately, even the most stringent administrative requirements will not necessarily bar you or a loved one from receiving benefits. Contact our Texas Medicaid planning lawyers today to learn how we can help. 

What Is Medicaid Planning?

Medicaid planning is a type of service provided by professionals who are skilled in preparing an applicant to submit their Medicaid application. This is sometimes a simple process. In fact, merely assisting someone in gathering and preparing the appropriate documents for submission falls under this umbrella. Of course, things can also be much more complicated. For instance, a Texas Medicaid planning attorney may need to help a client restructure all their assets. 

This is because there are strict eligibility limits when applying for Medicaid. For a family of two in Texas, it’s possible your household could make less than $40,000 a year and still not qualify for the program. If you’re living with a disability or have a special needs child, you know that $40,000 in a year doesn’t go a long way. In fact, raising a special needs child can cost four times the national average of raising a child without disabilities. 

This could make asset restructuring a family’s only way of accessing essential Medicaid benefits. Unfortunately, many people don’t realize this is an option — or they simply don’t know how to go about the process. That’s where a Medicaid planning attorney in Texas can prove so invaluable. At Shields Law Firm, assisting those with special needs is all we do — so we’ve got extensive experience in helping clients plan for their Medicaid applications and appealing denials. Reach out today. 

Is Medicaid Planning Legal in Texas?

When someone hears the term “asset restructuring,” they immediately think, “Is this legal?” This is a valid concern. On the surface, it sounds like a person may be trying to lie about their assets in order to attain government benefits they’re not entitled to. This couldn’t be further from the truth. Retaining the services of a Medicaid planning lawyer in Texas is 100% legal. In fact, there are some instances where it’s absolutely necessary. 

That’s because Medicaid professionals who aren’t licensed attorneys are not allowed to provide legal advice. Texas is one of the few states in the nation where there are explicit statutory requirements regarding this. While someone can help gather documentation and submit an application on your behalf, they cannot create a plan for becoming income- or asset-eligible unless they’re not licensed to practice law. 

What Are the Benefits of Long Term Planning?

There are many benefits of Medicaid planning, but the most obvious is an improved chance of securing benefits. To understand all the advantages of this process, though, it’s only necessary to consider the underlying purposes of such strategies. A Medicaid planning lawyer in Texas can do more than just help file your application in a way that maximizes your chance of approval. Consider the many reasons people hire these professionals: 

Medicaid Application Assistance

The Medication application process alone can be stressful and time-consuming — even when it’s apparent that you or a loved one qualify. Let a legal professional handle this process for you to minimize the risk of denials made due to application mistakes. 

Help Meeting Medicaid Limits

Asset transfer and other strategies can help you meet Medicaid’s asset and income requirements. Remember, being over these limits does not necessarily mean you can’t qualify. Of course, you should speak with a legal professional to ensure you’re within the confines of the law. 

Protecting Assets and Maximizing Income

Depending on your situation, it may be possible to drop below Texas Medicaid income and asset guidelines without losing any properties. For adult applicants, it may also be able to retain assets in order to prevent a spouse from becoming impoverished in an effort to meet Medicaid guidelines. 

Other Texas Medicaid Planning Necessities

This list mentions several ways that Texas Medicaid planning attorneys can help. However, don’t make the mistake of believing that this list is exhaustive. If you need assistance handling any issues regarding your Medicaid application, document gathering, decision appeal, or other hurdles you’re encountering, the legal professionals at Shields Law Firm may be able to help. Schedule a consultation to learn more. 

Do I Need a Texas Long Term Planning Attorney?

If you’re researching Medicaid planning in Texas, you’ve no doubt wondered whether you need an attorney. After all, don’t plenty of people apply on their own? While this is true, it also helps explain why one-in-five Texans are not covered by any health insurance plan — and why half of all children with disabilities don’t have CHIP benefits. Requirements for the program are stringent to prevent abuse, but they also make it difficult for those with legitimate needs to get benefits. 

This is a particular issue in Texas. In 2017, the Austin American-Statesman declared, “Texas Medicaid is failing children with disabilities.” The state has the 14th highest rate of individuals living with disabilities in the nation, yet it’s near the bottom of states based on individuals covered by Medicaid. The simple fact is that you very well may have an uphill battle qualifying for benefits in our state, but with a Texas Medicaid planning attorney, the process can become simpler. 

Contact a Medicaid Planning Lawyer in Texas Today

Nearly 90,000,000 Americans utilize Medicaid and CHIP benefits, but many people who are eligible for such benefits do not receive them. Sadly, this is often due to a lack of understanding of how the system works. Looking at the requirements to receive Medicaid and thinking, “Well, we can’t meet the requirements” is one of the biggest mistakes you can make. Speaking with a legal professional may help you access benefits you never knew you were entitled to. 

At Shields Law Firm, our Texas special needs attorneys have spent years advocating for and representing individuals with disabilities. We understand that Medicaid is a lifeline for many, and if you or your loved one are denied benefits, it can leave you with significant financial difficulties and wondering how to move forward. Contact us today by calling (832)-422-7333 to schedule a consultation. Our Medicaid planning lawyers in Texas can help you understand your rights. 

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