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Can My Friend Switch To Receiving Benefits On A Different Record In Order To Qualify For Medicaid?

I'm power of attorney for a friend in KY who has dementia. I want to move her to Arkansas, but the rural area has only one place for her and she makes $3,000 a year too much to qualify (Medicaid). She is drawing SS on her 1st husband (deceased) who was a doctor. Is it possible to change and have her draw on herself or her 2nd husband (deceased) so that she will then qualify?

Hi,

Your friend could potentially file for retirement benefits on her own account and/or for survivor benefits on her second husband's record, but she couldn't switch to receiving a lower rate. If she qualifies for benefits on another account that are lower than what she currently receives, she would still be paid the same total amount.

For example, say Sally is receiving divorced spousal benefits at a rate of $1,200 per month and she later becomes entitled to retirement benefits on her own record at a rate of $500 per month. Social Security would then pay her the $500 from her own account and would reduce her divorced spousal rate to $700. In other words, she'd still be getting $1,200 per month.

In theory, your friend could withdraw her application for divorced spousal benefits but she would then have to repay all of the benefits she's received to date. Or, she could potentially waive receiving further Social Security payments (https://secure.ssa.gov/apps10/poms.nsf/lnx/0202409001). I have no expertise on the Medicaid program, though, so I don't know if it's possible to qualify for Medicaid if you voluntarily stop receiving Social Security benefits in order to meet the income guidelines.

Best, Jerry

Category: 
Posted: 
Apr 28 2018 - 1:00pm
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