New York Medicaid Planning Attorney

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If you are seeking elder law or estate planning assistance, contact NY Elder Law Group today to get started.


Are you planning to apply for Medicaid? Are you unsure of what steps you need to take or if you qualify? NY Elder Law Group can help you or your loved one file for Medicaid and get the care you need. 

What to Expect When Applying For Medicaid in New York

When applying for Medicaid in New York, there are a few things you will need to keep in mind. 

  • Determine Eligibility: The first step in applying for Medicaid is to determine if you meet the eligibility requirements, which can include income, asset limits, and medical needs.
  • Gather Required Documents: You will need to gather various documents, such as proof of income, assets, and medical expenses, to support your application.
  • Complete the Application: You will need to fill out and submit the Medicaid application form, along with the required supporting documents.
  • Application Review: Once your application is submitted, it will be reviewed by a caseworker to determine if you meet the eligibility requirements.
  • Request for Additional Information: If the caseworker needs more information or documentation, they will request it from you.
  • Medicaid Determination: If you are found eligible for Medicaid, you will receive a notice of approval, which will include the start date of your coverage and any limitations or requirements.
  • Appeal Denials: If your application is denied, you have the right to appeal the decision and request a fair hearing to review your case.

While there are a lot of questions surrounding Medicaid and its ever-changing laws in New York, applying for and receiving Medicaid does not have to be intimidating. At NY Elder Law Group, we will help you determine eligibility, complete your application, and anything in between. 

Will My Assets Prevent Me From Qualifying for Medicaid? 

In New York, you may qualify for Medicaid, even if you believe that your assets may make you ineligible. With proper planning, our team can help you prepare and apply for Medicaid benefits. Two types of assets will be evaluated when applying for Medicaid

Countable Assets: Countable assets are assets that are considered available and count towards the limit for Medicaid eligibility. They include: 

  • Cash
  • Bank Accounts
  • Stocks and Bonds
  • Other assets that can easily be turned into cash 
  • Cash value of life insurance policies

Non-Countable Assets: Non-countable assets are assets that do not count towards the limit for Medicaid eligibility and include: 

  • Primary residence that is owned and lived in by the applicant or their spouse
  • One vehicle
  • Household items
  • Personal effects 
  • Life insurance policies that are valued at $1,500 or less 
  • Prepaid burial plots and burial funds
  • Retirements accounts like 401(k)s and IRAs that are in payout status

With the assistance of NY Elder Law Group, you can develop a strategy to transfer your assets in a way that enables you to meet the eligibility requirements for Medicaid coverage. 

What Does A Medicaid Planning Attorney Do?

NY Elder Law Group has helped a number of families and individuals looking for guidance regarding Medicaid planning, long-term care planning, estate planning, and more. 

Lead attorney Lori Somekh specializes in providing legal advice and guidance to clients who are seeking to qualify for Medicaid coverage. She can help clients navigate the complex eligibility requirements for Medicaid, which can include income, asset limits, and medical needs. NY Elder Law Group can also assist clients in developing a strategy to transfer assets, if necessary, to meet these requirements.

Additionally, a Medicaid attorney can provide guidance on planning for long-term care needs, including strategies to protect assets while still qualifying for Medicaid coverage. They can also assist with the Medicaid application process, including completing the application and gathering the necessary supporting documents.

In the event of a denial or reduction of Medicaid benefits, a Medicaid attorney can help clients appeal the decision and protect their rights. They can also assist with estate planning, including the creation of trusts or other vehicles to protect assets and ensure that they are passed on to beneficiaries in a tax-efficient manner.

Overall, a Medicaid attorney can provide valuable legal advice and advocacy to clients who are seeking to access Medicaid benefits and plan for their long-term care needs.

Applying for Medicaid can be complex,  intimidating, and stressful. From determining your eligibility to reviewing your assets, the application process can feel invasive, especially if you are not ready to accept your need, or a family member's need, for long-term care.

Emergencies That Might Force You to Apply for Medicaid Early 

An emergency that might require someone to apply for Medicaid sooner than expected is a sudden illness or injury that requires extensive medical treatment and care, such as a stroke, heart attack, or serious accident. In such cases, the medical bills can quickly pile up and become overwhelming, especially if the individual does not have adequate health insurance coverage. Applying for Medicaid can help alleviate the financial burden of medical expenses and provide access to necessary care. Another example might be the unexpected loss of a primary caregiver, which can lead to a sudden need for long-term care or assistance with daily activities that Medicaid may cover.

If you or a family member are facing an emergency that requires you to apply for Medicaid sooner than expected, NY Elder Law Group can help. Our goal is to ensure that no matter who you are or where you are in your life, you have access to the long-term care you deserve. 

Contact A Medicaid Planning Attorney Today

At NY Elder Law Group, we are ready to help you plan for Medicaid and take the proper steps to help you receive your full Medicaid benefits. Since 1997, our lead attorney Lori Somekh has helped individuals and families stay in control of their assets and plan for long-term care with Medicaid. Contact us today for a free 15-minute consultation to get started.

Medicaid Planning FAQ 

Who can benefit from Medicaid planning?

Medicaid planning can benefit seniors concerned about protecting their assets while also ensuring they can access Medicaid benefits if needed. It can also benefit families who want to protect their loved one's assets and ensure that they receive quality long-term care.

Can I transfer assets to my family members to meet Medicaid eligibility requirements?

Transferring assets to family members can impact your Medicaid eligibility, as Medicaid has a lookback period of five years. This means that any asset transfers made within the last five years will be reviewed, and penalties may apply.

Can I still access Medicaid benefits if I have assets or income about the eligibility limits?

In New York, the eligibility requirements for Medicaid vary based on the specific program you are applying for. However, in general, Medicaid is a need-based program that provides health coverage to low-income individuals and families who meet certain income and asset requirements.


Lori and her team are excellent at what they do. The attention to detail, knowledge of state laws regarding real estate and elder law is top notch. You won't be disappointed.

N. E.

Great attorney who helped my husband hasan tremendously to close my case within 2 weeks. Highly recommended"

F. H.

I highly recommend Lori and her office, impeccable job, honest, she is very human , who listen and understands.I appreciate the very detailed invoice she gave to me where every dollar spent was explained transparent transaction

J. P.

I initially approached Lori Somekh based upon the fact that she was a fellow alumni from St. John's University. Knowing that the school has many excellent practicing attorneys was important for me, but one that specialized in elder care even more so. I wanted someone with the experience and expertise that could assist me in setting up Power of Attorney for my Grandparents. Lori did a great job. I would definitely recommend her to a friend and plan to use her services again.

T. L.

Get Help Now

If you are trying to plan your estate, are concerned for the welfare of a parent, or wondering about how to qualify for Medicaid, we can help. Contact NY Elder Law Group today to schedule a free 15-minute consultation. 
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