FREE Ebook: Next Stop: Nursing Home Get My Copy Now!

Schedule Your Consultation Today!
Call Us 24 Hours a Day / 7 Days a Week

(407) 574-8125
(407) 574-8125
(407) 574-8125

I Got Denied for Medicaid in Florida. What Should I Do Next?

Get The Legal Help You Need

I Got Denied for Medicaid in Florida. What Should I Do Next?

November 15, 2023
Geoff Hoatson

In our previous blog, we explored the various factors that could lead to a Medicaid application denial in Florida. Understanding these reasons is crucial for anyone applying for Medicaid, especially when seeking coverage for long-term care. However, what should you do if, despite your best efforts, you find yourself facing a denial?

In this blog, we shift our focus from prevention to action, guiding you through the essential steps to take if you’ve been denied for Medicaid in Florida. Whether it's reconsidering your financial strategies, navigating the appeals process, or simply understanding your rights and options, we're here to provide clarity and direction during this challenging time.

If you need help with a denial, call us at (407) 574-8125 to schedule a consultation.  We’ll answer your questions, discuss your options, and help you through each step of the Medicaid appeal process.

At Family First Firm, we’re always by your side to provide simple yet creative legal solutions to protect your family’s legacy. You Don't Have To Go Long-Term Alone!

Understanding Medicaid Denial

When considering Medicaid for long-term care, understanding why applications get denied is crucial. Referring back to our blog, "Why Would Medicaid Be Denied?" here are essential points particularly relevant to long-term care applicants:

  • Excessive Income and Assets: Long-term care applicants might exceed Medicaid's financial thresholds, leading to denials. Careful asset management is key.
  • Incomplete Disclosure of Assets: All assets, including those easily overlooked, must be fully disclosed. Incomplete disclosure can trigger a denial.
  • Improper Asset Transfers: Transfers within Medicaid's five-year look-back period are scrutinized. Inappropriate transfers can affect eligibility, especially for those seeking long-term care.
  • Health Requirement Mismatches: Medicaid's long-term care is for those with specific health needs. Not meeting these requirements can lead to denial.
  • Timing of Application: For long-term care, applying at the right time, post asset spend-down and when financial criteria are met, is vital to avoid denial.

These points directly impact long-term care applications, making understanding and strategic planning essential.

Initial Steps After Denial

If your Medicaid application for long-term care is denied, immediate and strategic action can set the stage for a successful appeal or reapplication. Here’s what you should do, particularly in cases of denial due to reasons like excessive income or incomplete documentation:

  • Review the Denial Letter: Carefully read the denial letter to understand the specific reasons. Whether it's excessive income, asset issues, or documentation gaps, knowing the exact cause is crucial.
  • Gather and Review Your Documents: If incomplete or incorrect documentation led to the denial, organize and double-check all your paperwork. Ensure everything is current, accurate, and complete.
  • Consult with a Medicaid Lawyer: An attorney experienced in Medicaid law can provide valuable insights and guidance, especially if your denial is due to complex issues like excessive income or asset management.
  • Income and Asset Review: For denials based on excessive income or assets, reassess your financial situation and explore legal strategies for income and asset protection, such as setting up a qualified income trust (QIT) or spending down assets.
  • Develop a Corrective Action Plan: Based on the reasons for denial, work on a corrective action plan. This might involve reorganizing your finances, transferring assets, or updating and resubmitting documentation.
  • Reapply if Necessary: If the issues leading to denial can be resolved swiftly, consider reapplying for Medicaid. Your Medicaid attorney can assist in ensuring that your new application addresses the earlier shortcomings.
  • Prepare for an Appeal: If you believe the denial was unjust or incorrect, prepare for an appeal. Gather relevant evidence, documentation, and get legal advice to challenge the decision effectively. Your denial notice will tell you how long you have to appeal, which is typically 30-90 days after the date of the notice. It's critical to file your appeal before the deadline, regardless of whether the notice requires it or not. Submit your appeal in writing so that there is a record of it.

Taking these steps promptly can help address the reasons for your Medicaid denial, positioning you better for a successful appeal or reapplication.

Navigating the Appeals Process

After a Medicaid denial, the appeals process can be a vital route to overturning the decision. Navigating this process requires a clear strategy, especially in cases involving common denial reasons like excessive income, asset mismanagement, or documentation errors. Here’s what you need to do:

  • Understand the Appeals Timeline: Time is of the essence. Medicaid denial notices typically include information on how and by when to file an appeal. Missing these deadlines can forfeit your right to contest the denial.
  • Gather Supporting Documents: Compile all relevant documents that support your case. This can include financial statements, asset documentation, medical records, and any correspondence related to your initial application and denial. Ensure these documents address the specific reasons for your Medicaid denial. It is important to have all supporting documents well-organized and ready to submit.
  • Write a Comprehensive Appeal Letter: Draft a detailed appeal letter stating your case. Explain why you believe the denial decision was incorrect, referring to specific details in your supporting documents. If the denial was due to income or asset-related issues, clarify how these factors have been re-evaluated or rectified.
  • Engage a Medicaid Attorney: A skilled attorney can be invaluable in an appeals process. They are familiar with the complexities of Medicaid, can help organize your documentation, and provide representation during the appeal. Legal counsel is especially crucial if your denial involves complex issues like asset transfers or income trusts.
  • Prepare for the Hearing: If your appeal leads to a hearing, prepare to present your case clearly and concisely. Practice explaining your situation and why you believe you qualify for Medicaid. Your attorney can help you prepare for any questions that might arise, especially those related to the reasons for your denial. During the hearing, you will have the opportunity to present your evidence and arguments to the hearing officer.
  • Next Steps: If you win your appeal, your benefits will be retroactive to the date you became eligible, which is usually the date you applied. If you lose, the notice will explain how to appeal again. The next step usually involves submitting written arguments. If your second appeal is unsuccessful, you can appeal to court, but you'll need a lawyer to help you.

Facing a Medicaid denial can be disheartening, especially after you've put considerable effort into understanding and trying to avoid the common reasons for denial we discussed previously. However, remember that a denial isn’t the end. It's an invitation to reassess, regroup, and respond with a solid strategy with the help of lawyers for Medicaid cases.

Dealing with a Medicaid Denial in Florida for Long-Term Care?

If you've experienced a Medicaid denial or are about to embark on the application process, don't navigate these complex waters alone. Our team at Family First Firm is dedicated to guiding you through each step, ensuring that your application or appeal is handled with skill and care.

Whether you need assistance in understanding the reasons behind a Medicaid denial, crafting an effective appeal, or planning proactively for future applications, we're here to help.

Schedule a consultation today so our Medicaid attorney team can prepare possible strategies to use during the appeal. Call our office at (407) 574-8125 in Winter Park, Florida, or fill out our online form and someone from our team would be happy to assist you.

At Family First Firm, we’re always by your side to provide simple yet creative legal solutions to protect your family’s legacy. You Don't Have To Go Long-Term Alone!

Interested in learning more? We invite you to read our “Medicaid 101 Guide.”

Copyright © 2024. Family First Firm - Medicaid & Elder Law Attorneys. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Family First Firm – Medicaid & Elder Law Attorneys
(407) 574-8125
https://familyfirstfirm.com
Share This Blog

Our Locations

Winter Park Office

Family First Firm - Medicaid & Elder Law Attorneys

1030 W Canton Avenue, Suite 102,
Winter Park, FL 32789

Get Directions

Altamonte Springs Office

Family First Firm - Medicaid & Elder Law Attorneys
By Appointment Only

715 Douglas Ave Suite# 40,
Altamonte Springs, FL 32714

Get Directions

Get free legal advice sent to your inbox

Name(Required)

Download Our Free Guide on How to Save Your Assets

How to Save Your Assets Form
Skip to content