Michigan Medicaid Estate Recovery Update, May 4th, 2011

May 4, 2011

Filed under: Asset Protection,Elder Law,Long Term Care,Medicaid Planning,Michigan Veterans Benefits,Veterans Benefits — Christopher J. Berry @ 5:49 pm

Well, it looks like that estate recovery in Michigan will be coming down the pike.  As Michigan elder law lawyers, we new that the time was coming when we’d implement the estate recovery law that is already on the books.  Well that day may be coming in July, as the proposed policy changes were just released and I am reviewing the changes now.  The biggie is that there is a section in the policy manuel that addresses estate recovery.  There aren’t too many surprises in how it will be implemented, but it’s important to note that without proper planning a Michigan Medicaid applicant could lose their house, car, bank account, and insurance to the state of Michigan with the new proposed estate recovery policy.

It’s more important now, that if a loved one is going into a nursing home, that they effectively plan for Medicaid with the assistance of a Michigan medicaid planning attorney.  For more information on medicaid planning, elder law, and veterans benefits, visit the Michigan Elder Law Center.

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Does Michigan have Estate Recovery in 2011?

April 5, 2011

Filed under: Asset Protection,Elder Law,Holistic Estate Planning,Long Term Care,Medicaid Planning — Christopher J. Berry @ 12:43 pm

As a Michigan Medicaid planning lawyer, a question I’m often asked, even by other attorneys is “does Michigan have estate recovery?”

Estate recovery is the process in which the state of Michigan is able to place liens and get reimbursed for any costs they cover for people receiving Medicaid.  Estate recovery and Medicaid are complicated programs because they are administered jointly with the State of Michigan and the Federal Government through CMS.

The answer is yes.  Yes, Michigan passed an estate recovery law a few years ago.    However, the Bush administration rejected the Michigan plan as not being draconian enough.  Since then it has been tweaked and resubmitted, but still has not been approved.

A catch with the program is that it will affect anyone who entered the Michigan nursing home after the law passed, not just those who entered the nursing home after Federal approval.

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2010 Tax Code Changes and The Effect on Medicaid Planning

March 13, 2010

Filed under: Elder Law,Long Term Care,Medicaid Planning — Christopher J. Berry @ 10:07 pm

The New Law. There is currently no federal estate tax or generation-skipping tax for decedents dying in 2010 unless Congress passes new estate tax legislation this year. The federal estate tax will return in 2011 with a $1 million exemption ($2 million for married couples with basic planning) and the generation-skipping tax exemption will return at $1 million, indexed for inflation. This means that a person with assets of $10 million, $20 million or even $100 million who dies in 2010 will not pay a dime of estate tax. However, assets a decedent owns and passes on to a beneficiary at death will receive little, if any, step-up in basis, thus creating a large capital gains tax problem for the beneficiary who acquires the property.

As of January 1, 2010, IRC Section 1022 became effective and substantially changed the rules for obtaining a step-up in basis for real property or appreciated assets passed to a beneficiary at the death of the property owner. Section 1022 replaced the prior rule, IRC Section 1014, which expired on December 31, 2009, along with the estate tax.

What does it mean? Section 1022(d)(1)(A) allows a step-up in basis up to $1.3 million for an individual and $3 million for a surviving spouse (as long as it is received outright or as qualified terminal interest property) in property owned by, and transferred from, the decedent at the time of the decedent’s death.

An illustration: Harry, a single person, owns a home worth $2 million at his death. He bought his home 20 years ago for $200,000. Harry’s Will leaves everything outright to his daughter, Kathy, at his death. If Harry dies in 2010 while Section 1022 is in effect, Kathy will receive Harry’s property with a basis of $1.5 million, not $2 million. Once Kathy sells the property, she will pay capital gains on the difference between the selling price and $1.5 million.

Planning Note: In 2010, property passing at death may receive little or no step-up in basis at death, resulting in larger capital gains when the property is sold.

The Effect on Irrevocable Trust Property – Muddy Waters.
There is no clear answer as to the effect of Section 1022 on property held in an irrevocable grantor trust (often referred to as a Medicaid Asset Protection Trust), which is commonly used as an asset protection tool in Medicaid planning. Some experts believe that property held in an irrevocable grantor trust will not get any step-up in basis at the grantor’s death, and others believe the opposite. What is clear is that the lack of step-up for property held in an irrevocable trust is only applicable to property transferred by grantors who die in 2010 or while Section 1022 is in effect. The value of irrevocable grantor trusts in Medicaid planning has not changed – these trusts are still a valuable tool for asset protection.

Planning Note: The usefulness of irrevocable trusts in Medicaid planning has not changed even though property held in an irrevocable trust may not receive a step-up in basis if the grantor dies this year.

The Effect on Life Estate Property – no step-up in basis. There is no support in Section 1022 for a life estate holder to be considered an owner for purposes of a step-up in basis. Therefore, it appears that property held subject to a life estate interest will not receive a step-up in basis at the death of the life estate holder during 2010 or while Section 1022 is in effect.

The Effect on the 121 Exemption – remains intact. IRC Section 121 provides for a $250,000 exemption from capital gains for a single person who sells his/her home, and a $500,000 exemption for a married couple who sell their home. It appears that the Section 121 exemption will still be available for assets held individually, or in an irrevocable Medicaid Asset Protection Trust, assuming the appropriate rights to the home were retained in the trust. There were no changes to the grantor trust rules that would prevent the Section 121 exemption from applying to property held in a Medicaid Asset Protection Trust.

Planning Note: Life estate property will not get a step-up in basis in 2010, but the 121 exemption on homestead property remains.

What Happens Next? Congress could enact federal estate tax legislation this year –retroactive to January 1, 2010, or effective on some later date – and Section 1022 would then likely be repealed. Whether the new legislation would be retroactive is unknown. It is also possible that Section 1022 could be repealed even if new estate tax legislation is not passed this year. Absent further action from Congress Section 1022 will expire on December 31, 2010. Remember — these rules are only applicable to those persons who die while these provisions are in effect, not to trusts or life estate deeds that are drafted while these laws are in effect.

Staying the Course. Although Section 1022 makes it difficult to obtain a step-up in basis for death occurring in 2010, this provision will not be around past 2010. Absent further changes in the law, the latest date that the step-up in basis provisions will return is January 1, 2011, when the estate tax is reinstated. And, these provisions only affect property with a low cost basis. Cash assets like checking accounts, CDs and savings accounts are unaffected by this legislation.

Planning Note: The 2010 legislation only affects property with low cost basis, not cash assets like CDs, checking accounts and savings accounts.

Conclusion. The changes to the tax code can seem very confusing. Luckily, these changes are only in effect for a short time (up to a year maximum) and only affect those persons who die this year or while these provisions are in effect. And while it is necessary to stay abreast of these new rules, it is also important to remind seniors and their loved ones of the importance of planning early to protect assets from the rising costs of long-term care.

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National Healthcare Decisions Day is Coming

February 10, 2010

Filed under: Elder Law,Health Care Directives,Long Term Care — Christopher J. Berry @ 3:56 pm

National Health Care Decisions days is just around the corner. April 16th, 2010 will be the third anniversary of National Health Care Decisions day which helps increase awareness of advanced health care planning and educating Americans about the importance of making health care decisions.

As a Michigan elder law attorney and member of the National Academy of Elder Law Attorneys, I want to help spread the word. If you have any questions about National Health Care Decisions day, please contact me or visit the website: NHDD.

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Caring for Senior Veterans-Veterans Administration Long Term Care Benefits

February 9, 2010

Filed under: Elder Law,Long Term Care,Michigan Veterans Benefits — Christopher J. Berry @ 3:58 pm

In the month of February we celebrate Presidents Day in honor of two great United States Presidents; George Washington and Abraham Lincoln. Both were heroes of wars fought on U.S soil for freedom and unity of our great country.

The United States has fought many wars throughout the world since that time to keep freedom here at home and continues to do so. From the beginning our country has established a program to care for the men and women of our military who fought in those wars.

The veterans assistance program goes back to 1636 when Pilgrims of Plymouth Colony fought with the Pequot Indians. The Pilgrims enacted a law from English law that reads, “If any man shall be sent forth as a soldier and shall return maimed, he shall be maintained competently by the colony during his life.” In 1789 U. S. congress passed as law that pensions were to be provided to disabled veterans and their dependents and in 1811 the first domiciliary and medical facility for veterans was completed.

Since that time the Department of Veterans Affairs has opened a multitude of care facilities nationwide. An article from the US Department of Veterans Affairs website states:

“VA’s health care system has grown from 54 hospitals in 1930 to 157 medical centers in 2005, with at least one in each state, Puerto Rico and the District of Columbia . More than 5.3 million people received care in VA health care facilities in 2005, a 29 percent increase over the 4.1 million treated just four years earlier.
VA operates more than 1,300 sites of care including nearly 900 ambulatory care and community-based outpatient clinics, 136 nursing homes, 43 residential rehabilitation treatment programs, nearly 90 comprehensive home-care programs, and more than 200 Veterans Centers.”

State veterans homes have been built or are approved for future construction in many states. For a list of state veteran nursing homes go to http://www.longtermcarelink.net/ref_state_veterans_va_nursing_homes.htm#List

Here are some of the benefits provided for Veterans by the Department of Veterans Affairs:

* Health Care Clinics
* Mental Health
* Counseling
* Job training
* Burial and Memorial benefits
* Education
* VA Home Loan
* DIC
* Compensation
* Pension
* Care Management
* Home Renovation for Disability
* Assisted Living
* Prosthetics
* Rehabilitation
* Weight management
* Nursing Homes
* Prescriptions
* Hospitals
and much more

Thomas Day, founder and Director of the National Care Planning Council, has a deep gratitude for the services provided by the VA. He served as an Air Force pilot during Vietnam. Later he developed a crippling auto-immune disease. It was the doctors at the George A Wahlen VA Regional Medical Center who prescribed a new treatment that saved his life. Many of the VA programs continue to improve his life.

Tom is passionate about the Aid & Attendance Pension Benefit and the relief it brings to veterans and their families who need care services and ways to pay for it in their elder years.

“Aid and attendance” is a commonly used term for a little-known veterans’ disability income. The official title of this benefit is “Pension.” The reason for using “aid and attendance” to refer to Pension is that many veterans or their single surviving spouses can become eligible if they have a regular need for the aid and attendance of a caregiver or if they are housebound. Evidence of this need for care must be certified by VA as a “rating.” With a rating, certain veterans or their surviving spouses can now qualify for Pension. Pension is also available to low income veteran households without a rating, but it is a lesser dollar amount.

Pension is an underused benefit.

There are different income categories for Pension, but the highest could pay as much as $1,949 a month in disability income to a qualifying veteran household. A study commissioned by VA in 2001 estimated, over the next 14 years, only about 30% of eligible veterans would apply for Pension. This is likely due to the fact that most veterans simply don’t know about it. In fact, about a third of all seniors in this country, age 65 and older, could become eligible for pension under the right circumstances. That’s how many elderly war veterans or their surviving spouses there are.

To receive Pension, a veteran must have served on active duty, at least 90 days, with at least one of those days during a period of war. There must be a discharge under conditions other than dishonorable. Single surviving spouses of such veterans are also eligible. If younger than 65, the veteran must be totally disabled. If age 65 and older, there is no requirement for disability. There is no age or disability requirement for a single surviving spouse.

There are income requirements, but a special provision does allow household income to be reduced by 12 months worth of future, recurring medical expenses. Normally, income is only reduced by medical expenses incurred in the month of application. These allowable, annualized medical expenses are such things as insurance premiums, ongoing prescription drug costs, out-of-pocket cost of monthly medical equipment rental, the cost of home care, the cost of paying adult children to provide care, the cost of adult day services, the cost of assisted living and the cost of a nursing home facility. These are all considered medical costs and they can be deducted from income to receive this benefit.

According to Mr. Day,

“I talk to a number of people every day who are inquiring about this benefit. In many cases they don’t know that the benefit can pay members of the family to take care of the veteran, the veteran couple or the surviving spouse at home. I have literally had people who are sacrificing dearly to take care of their loved ones at home, break down and cry when they find they can receive some money from the government for that sacrifice.”

Thomas Day has written two books for the National Care Planning Council to educate and help veterans obtain this long term care benefit. The first, “How to apply for the Aid & Attendance Pension Benefit” is to educate the public what the benefit is and how to get it. The claims process for pension is described and information is provided to help understand what documentation is necessary to provide evidence of recurring medical expenses. All forms necessary for filing a claim are included in the form support section of the book. Here is a link to the book. http://www.longtermcarelink.net/a16Veterans_standard_book.htm

Although this is a do-it-yourself book, Tom recommends if you have excessive assets and income or are not sure how to apply medical deductions, use the services of a qualified consultant.

The second book, “Aid & Attendance Handbook for Professionals & Consultants,” is for the professional consultant. It is 782 pages of rules, forms, instruction on the submission process and Medicaid planning strategies as well as software for calculating income, benefit and medical expenses. Here is a link to that book. http://www.veteranbook.com

The secret for receiving a successful award for aid and attendance or housebound ratings is not in filling out the form but in knowing what documents and evidence must be submitted with the application. Knowing the secrets for a successful award — with the special case of long term care recipients — is 95% of the battle. Even though the form is challenging, filling out and filing a claim is a formality.

A knowledgeable consultant can provide information to shorten VA’s decision window of 6 to 12 months to possibly 3 or 4 months. The consultant also understands how to maximize the benefit or avoid a denial. The consultant can also provide guidance for meeting the asset test. Finally, the consultant can provide the actual strategies for reallocating assets and he or she can arrange for trusts or income conversions to allow for the best possible accommodation of assets for beneficiaries thus avoiding or reducing taxes, family disputes and Medicaid penalties.

“I would like to see every eligible veteran obtain the Aid & Attendance Pension Benefit for their long term care needs.” Thomas Day, Director, National Care Planning Council.

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Michigan Elder Law Lawyers Specialize in Helping the Elderly

January 12, 2010

Filed under: Elder Law,Long Term Care,Medicaid Planning,Michigan Veterans Benefits — Christopher J. Berry @ 4:06 pm

Many elderly persons rely entirely on their children, family members or other trusted individuals to help them. This dependence upon caregivers or family members makes an older person more vulnerable to abuse and financial exploitation. Legal arrangements and protective actions by family may be necessary to shield loved ones from making bad decisions or from being taken advantage of.

Though you wouldn’t think a child could take advantage of his or her mother or father, there is no way to know what someone will do who is desperate for money or who feels entitled to an inheritance. For example:

David’s parents’ health was failing and living alone in their home was becoming a concern. His sister Jill wanted to look into assisted living for them. David immediately became upset at Jill for wanting to spend their money. He packed up his parents and brought them to his home. Being single and working, he was not available to them during the day, but left food and water on the table to sustain them until he returned home in the evening. Jill lived over 300 miles from David and when she could get to his house to visit; she found her parents’ care was not acceptable. They could not remember if they took their medications or if they had even eaten a meal that day. David was also draining their savings account and when confronted about it, became angry and complained that he needed their money to pay expenses for their care. Clearly Jill felt her brother’s care of their parents was abusive, but David’s defense was he provided a home for his parents in which he could care for them. This family needs a professional advisor to help them understand and clarify the issues concerning their parents’ care.

Making legal decisions about property, finances, power of attorney, and final wishes are important tasks to complete for the final years of life. Having legal documentation for a will, for medical treatment and for the person designated to be responsible for parents’ welfare can avoid family disputes and financial abuse, and help to conserve assets that are needed for care.

Michigan Elder law attorneys specialize in legal issues affecting the elderly. They are knowledgeable about Medicare and Medicaid programs. They work with the elderly in assisting them and their families with all aspects of estate planning and implementing necessary legal documents for the final years of life. In addition, they help individuals to apply for and possibly accelerate coverage from Medicaid. An elder law attorney can also help with disputes with Medicaid. Below is a partial list of what an elder law attorney might do:

* Preservation or transfer of assets seeking to avoid spousal impoverishment when a spouse enters a nursing home
* Medicaid qualification and application and Medicaid planning strategies
* Medicare claims and appeals
* Veterans Benefits claims
* Social security and disability claims and appeals
* Disability planning, including use of durable powers of attorney, living trusts and living wills
* Help with financial management and health care decisions; and other means of delegating management and decision-making to another in case of incompetence or incapacity
Probate
* Administration and management of trusts and estates
* Long term care placements in nursing homes and assisted living
* Nursing home issues with patients’ rights and nursing home quality
* Elder abuse and fraud recovery cases

A Certified Elder Law Attorney (CELA) is an elder law attorney who is highly proficient in meeting the legal needs of elders and in understanding and applying the rules of Medicaid. A CELA has successfully handled a requisite number of pertinent cases in order to receive that designation. This experience will make an attorney with this designation more competent with elder planning issues than other attorneys lacking this designation.

Most elder law attorneys do not specialize in all of the areas iterated above. When considering an attorney you will want to find one who has experience in the area you need help.

According to The National Academy of Elder Law Attorneys — http://www.naela.org/:

“Ask lots of questions before selecting an elder law attorney. You don’t want to end up in the office of an attorney who can’t help you. Start with the initial phone call. It is not unusual to speak only to a secretary, receptionist or office manager during an initial call or before actually meeting with the attorney. If so, ask this person your questions.

* How long has the attorney been in practice?
* Does his/her practice emphasize a particular area of law?
* How long has he/she been in this field?
* What percentage of his/her practice is devoted to elder law?
* Is there a fee for the first consultation and if so, how much is it?
* Given the nature of your problem, what information should you bring with you to the initial consultation?”

A good way to choose an attorney is by referral from friends, family, clergy or other associations. Before you meet for your initial consultation, prepare the items you want discussed and taken care of. Bring pertinent documents and questions. Be sure you get clear answers and that you understand what your attorney is proposing.

Two-way communication is the best way your attorney can understand your needs and concerns. Does the attorney listen to what you say, appear to really care about your concerns or return your phone calls? If not find another attorney. Most Elder law Attorneys sincerely want to help make you or your parent’s elder years a well planned for, peaceful experience for all involved.

There are a number of ways attorneys charge for their services. They may charge a flat hourly rate. Or they may charge hourly for some services and add on additional expense for out-of-pocket costs such as paperwork, stamps, phone calls, etc. Or they may charge a single fee for a mutually agreed-upon course of action or plan. Some attorneys who specialize in appeals for veterans benefits or Social Security may work on a contingency basis. It is important to understand how you will be billed so there will be no surprises in the end.

The National Care Planning Council lists elder law attorneys throughout the United States.
To find someone in your area go to http://www.longtermcarelink.net/

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Michigan Medicaid Asset Protection Strategies

January 4, 2010

Filed under: Elder Law,Long Term Care,Medicaid Planning,Michigan Veterans Benefits — Christopher J. Berry @ 4:09 pm

In Michigan, even after the passage of the Deficit Reduction Act and with Estate Recovery looming, we still have many techniques available to help Michigan seniors plan, even in crisis mode, for the large monthly Michigan nursing home costs.  The cost of a nursing home in Michigan can run between $6,000.00 to $7,000.00 per month.  Through proper planning this bill can be picked up by Medicaid if you meet the necessary requirements.

Our Michigan Elder Law Attorney office helps Michigan seniors plan for the cost of long term care, including assisted living and nursing homes, through various legal methods including “half-loaf” strategies, irrevocable trusts, proper gifting strategies, utilizing Michigan Veterans Benefits, and other legal tools.

It is important that you consult a Michigan attorney familiar with planning for long term care because there are many traps for the unwary and unfortunately quite a bit of misinformation out there.  If you were to make a mistake in planning it can lead to a disqualification or unattended penalty for your loved one.

If you would like more information on any of these long term care strategies, please contact our office.

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Women and Estate Planning: Part 2

January 22, 2013

Filed under: Estate Administration,Estate Planning,Estate Taxes and Lifetime Gifts,Financial Planning,Living Trust,Living Will,Long Term Care — Tags: , , , , , , , , , , , , , , , , , — Christopher J. Berry @ 9:14 pm

Estate planning often has a more dramatic effect on women due elongated life expectancy and the tendency to marry older spouses. As a result, they are three times more likely to be widowed at 65, than men. Estate planning is an imperative component in retirement planning, and with a greater probability of surviving their spouses, women often have the final word about how much wealth goes to family, charity or the taxman.

(Read more: Women and Estate Planning: Part 1)

5. Spouses Get Special Tax Breaks
Under the “unlimited marital deduction” assets inherited or received as gifts from a spouse are not taxed. Starting in 2011, portability allows a surviving spouse to add any unused estate tax exclusion of the recently deceased spouse to her own exclusion. A widow can pass on up to $10.24 million, untaxed, through either lifetime gifts or her will. If your spouse is not a U.S. citizen, the marital deduction is more limited and portability does not apply.

6. Tax Planning For Widows Is More Difficult
The primary goal, for most married couples, is to leave each other provided for financially. Upon death of the first spouse, tax saving strategies are more imperative considering the unlimited marital deduction no longer applies. However, there are a number of simple ways to save taxes while achieving other goals, like subsidizing family members who are less fortunate, educating children and grandchildren and preserving retirement assets.

(Read more: Estate Tax On the Rise, Don’t Panic, Plan)

7. Do Not Own Your Insurance
Because proceeds could be subject to estate tax, you will likely give away money to the government if you die owning a policy on your life. One way to avoid that outcome is to designate the family member who will receive the proceeds as the owner of the policy. Another is to establish an irrevocable life insurance trust. Traditionally, the ILIT buys the policy and, when you die, holds the proceeds for whomever you have named as beneficiaries.

8. Beneficiary Forms Are Key
Retirement accounts are distributed according to beneficiary designation forms filed with the bank or financial institution holding your account. You can readily name any beneficiaries you desire with an IRA, including friends, family members, a charity or a trust. For a 401(k) or other workforce plan, you must acquire or spouse’s written consent to leave it to anyone else. You must filed an amended form to change a beneficiary, if you get divorced for example.

(Read more: 8 Life Stages of Estate Planning: Part 1)

9. Cash Is King
Couples who commingle money must ensure there is sufficient funds to cover immediate expenses if one of them suddenly dies. Said funds can be held in each of your separate accounts or in a joint individual account right away.

Read more: http://www.forbes.com/pictures/efik45ehjjg/estate-planning-is-a-womens-issue-2/

Mr. Witzke practices in the areas of estate and gift tax planning, financial planning, retirement planning, LGBT civil rights, charitable giving, elder law, and small business planning. He focuses on helping clients grow, protect, and transfer wealth efficiently. Mr. Witzke is a past president and board member of the Financial Planning Association of Michigan, a member of the board of directors for Leadership Oakland, and a member of the planned giving advisory committees of Wayne State University and the Community House in Birmingham. Follow Mr. Witzke on Twitter @gr8estatelawyer.

Long-Term Care & Life Insurance Hybrids

September 30, 2011

Filed under: Asset Protection,Elder Law,Life Insurance,Long Term Care — Christopher J. Berry @ 11:17 am

With more and more people living longer, it comes as no surprise that there is heightened interest in long-term care planning.  That is why we created a website geared towards Michigan elder law and long-term care at the www.MichiganElderLawCenter.com.  People are beginning to recognize that the cost of extended long-term care can wipe out any nest egg pretty darn quickly.  Our Michigan elder law practice is focused on providing solutions to reducing the high cost of long-term care.  Many people look to long-term care insurance as one of the ways to hedge against long-term care costs.

There is quite a bit of talk lately about the new life insurance and long-term care insurance hybrid products.  The best way to understand how these new plans work and why they are catching on is that the new plans are a blend of asset protection and long-term care insurance.  You avoid losing premiums you have paid if, in the end, you beat the odds and don’t need long-term care

So, if someone owns a life/long-term care hybrid, either they will use their policy to pay for extend care expenses, or their heirs will receive an inheritance that is greater than what was paid into the product.  Now the downside of such planning is these products typically require a substantial one-time upfront payment, for example $50k.  Second, if an individual needs only long-term care protection, a stand alone long-term care insurance contract gets you more benefits for each premium dollar.

Protecting against long-term care costs is an important consideration for anyone doing estate or financial planning, these hybrid long-term care and life insurance products are one tool in the toolbox to consider.

Veterans Benefits, Michigan Medicaid and Long-term Care

July 31, 2011

Filed under: Elder Law,Long Term Care,Medicaid Planning,Michigan Veterans Benefits,Veterans Benefits — Christopher J. Berry @ 11:14 pm

Our Bloomfield Hills Elder Law attorney office often gets contact by individuals looking for assistance with their Veterans Benefits questions.  Often we’ll get calls asking whether “my father qualifies for the aid & attendance benefit?” and what we can do to help.  What many people are missing is that there is a whole continuum of care with aging.

The VA benefit is a great benefit when the veteran is needing home care or assisted living, but once a veteran is in need of skilled nursing care, quite often we are looking at another governmental program to help defray the devastating costs of long-term care.  That benefit is the Michigan Medicaid program.

Now the thing to keep in mind about the VA benefit and the Michigan Medicaid program is that the two programs have different rules for qualification.  For example, the Michigan Medicaid program has a 60 month look back period.  The differences in the two programs is why when individuals focus entirely on the VA benefit program and ignore the Medicaid program, as elder law attorneys serving Oakland County, Michigan, we educate our clients on both programs and how they work together.

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