All Forum Posts by: Gregory Rubinstein

@Gregory Rubinstein

I just saw this article:  https://thehill.com/opinion/he...  Perhaps this is your situation?  The deceased person was using Medicaid for long term care.  Now, they are going after the estate for repayment .

I know its a "thing" to get all your assets out of your name towards the end of life to qualify for Medicaid.  I guess this is their way of going after those people who have hid their assets away and collect on the estate.

@Gregory Rubinstein, does this, in some way, have something to do with real estate investing? Did you take money that doesn't belong to you?

 Is it possible this is medicaid/medicare that is trying to get these funds, and not SSI. Before medicaid/medicare provides things like private nursing or a nursing home, any individuals personal assets need to be exhausted. The only way for this not to happen for instance is for property to be transferred 5 years prior to receiving these services.

To me this sounds like a claw back for the personal aid, which is expected.

@Gregory Rubinstein

I've heard that those receiving in-home assistance from the state accrue some kind of bill that the state will take out of the person's estate when they pass. Heirs get the leftovers. My dad went to a vet home and paid 55% of his SS income. He was accruing a big bill for the difference in what he was paying and for the actual cost of his care. He had no estate so the debt died with him.

Why do you care if SS wants money from some dead guy.

I think you need an expert help here. Quick online search says overpayments do happen, typically as a result of failing to report some change in circumstances that affects eligibility. Once discovered by SSA, it gets adjusted and a request for refund of the overpayments is issued. It sounds like it wasn’t “discovered” until the person passed? Maybe because additional forms and documents were submitted for the death benefit? Speculating… 10 years and $500k sounds like a stretch. One would think there is some sort of a statute of limitations?

Not enough context here… fraudulent qualification for benefits/assistance where the deceased never actually truly qualified to begin with? Sure the government wants the money back. It is no different than someone stealing something and then selling it to someone else. That property / stolen thing does not belong to the buyer because the seller never had legal rights to it and could not sell it. Still not a payment. A payment is for services rendered or goods provided. It sounds like the benefits weren’t “legal” so should not have been disbursed and need to be returned. Again not enough context here…

@Gregory Rubinstein

Umm if someone was cashing checks sent to a deceased person (won’t even get into the legalities of that) then yes of course they can get that money back. Money was for the deceased person and they were not spending it.