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My husband had double heart bypass surgery Feb 4th, then on March 2nd he had a stroke in his sleep. 8 days in the hospital for his heart surgery, and 16 days for his stroke. He was then placed in a nursing home for a month, then I had him moved to a different nursing home where he has been the last 22 days.


The nursing home has applied for long term care Medicaid for him. He and I applied for his disability Feb 20th before the stroke. Now I'm being told that the nursing home will take his check (if he is approved for disability) as well as being paid by Medicaid.


Is this legal? I don't have one dime to pay our bills and I need his check to keep our household going. :(

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I hope you (and hubby) applied before the drastic SS cuts. Even if you did, it may still be a while before you get a decision (approve or denial). Best of luck
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lealonnie1 May 26, 2025
My social security check is higher than its ever been, and so is my husbands......after we both got a 2.5% COLA raise in 2025. What on earth are you fear mongering about now cover?
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Based on your replies, I believe that you have both applied for SSI as a couple? If you and your husband were living in your home (with both of you established as disabled), you as a couple would be entitled to $1450/month. However, if your husband is living in a nursing home, he will be entitled to $30/month for his personal expenses (with Medicaid paying for the cost of his nursing home expenses), and you would receive a separate SSI check of $967 to cover your household expenses (you would also be entitled to Medicaid for your own health expenses, SNAP, free cell phone, subsidized internet and energy subsidies), it doesn’t matter if your husband’s own disability benefit exceeds $1450/month.

Let’s say he worked and is entitled to a disability benefit of $1500. The nursing home will take the entire check, except for the personal allowance (varies per state, so $30-$50). You have no income from your husband’s check, so you will be entitled to the full $967/month SSI payment, as long as you have been established as a disabled person in your own right (this is based on your having no income of your own, and you have less than $2000 in countable assets- they don’t count your residential home, 1 car, a burial fund).
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Reply to SSAretired
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If you have significant assets to protect see an eldercare lawyer. Can’t stress that enough. Don’t allow the NH to do this, it is not looking out for your best interests.
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Reply to Hothouseflower
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Thank you for your reply Ms. Pat (that was also my Mama's name). I actually don't have any type of pension of my own, but I've been told by SS that I can apply for SSI since we have no income at all, and then if he's given his disability and it's not over $1,450/month then I will still receive my SSI. However, if it is over $1,450/month I will still get my SSI, but it will just be adjusted according to what he receives. Thank you again for your reply, and have a Blessed day.
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Reply to JENZIE10
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See a very qualified Elder Attorney for assistance. Medicaid will take your husband's SS for his care with Medicaid for his care. However, it will not impoverish you as community spouse (I hope) in your home. Only his half will be spent.

Do you have any type of pension of your own? Do not use any of your funds for his care to avoid gifting your money to him, even direct payments to his nursing home. Do you have a mortgage to pay and depend on your husband's fund to support your home? There's also property taxes and upkeep on the home, even if owned free and clear.
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Reply to Patathome01
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JENZIE10 May 11, 2025
Thank you for your reply Ms. Pat (that was also my Mama's name). I actually don't have any type of pension of my own, but I've been told by SS that I can apply for SSI since we have no income at all, and then if he's given his disability and it's not over $1,450/month then I will still receive my SSI. However, if it is over $1,450/month I will still get my SSI, but it will just be adjusted according to what he receives. Thank you again for your reply, and have a Blessed day.
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When Medicaidwas applied for, you should have been put down as a Community Spouse. This means that you remain in your home, get one car and some or all of your husbands SS to live on. If this was not done, it needs to be.

Have you gone to Social Services to see if you qualify for Supplimental Insurance called SSI. You may qualify for Medicaid for health and food stamps.
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JENZIE10 May 8, 2025
I sure hope that I was, but I'm not sure. I will ask that question today when I go see my Husband at the nursing home. Thank you so much for your reply JoAnn. Have a blessed day.
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Do you not have SS of your own? The government isn't wanting to bankrupt you, but your husband is now DEPENDENT on the government for his care. As long as that is true, any moneys he gets will go to the government to help pay his bills. As I am certain you know, a nursing home can cost from 5,000 to 10,000 monthly at LEAST. Hubby can't pay that. The government is paying it, all save what his SS is, leaving him but a small allowance.

Now is the time to see an elder law attorney. If you and hubby lived together, you never worked, and you get no SS, then something may be worked out with the help of an attorney to afford you a partial amount of his SS for your own upkeep. But this is something that you will need to work out with professional help.

You say you need to keep your household going. But hubby is unlikely to be able to return to his home unless I am mistaken. He will need Federal Government help to pay for his care so long as he lives. If you have a home this may be a time to sell it for the care of you both; it may NOT be, but you need professional help and advice here now.
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Reply to AlvaDeer
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JENZIE10 May 7, 2025
I don't have SS, although I am disabled myself and the state doesn't see me as disabled although I have MANY health problems they say I'm 2 work credits short so therefore I can't get my disability. I am 59, my Husband just turned 58. He is definitely going to return home as soon as he can get his rehabilitation. We lived together for 16 years (married for 15) until the date of his stroke, March 2nd. Our home is in my name only as I already had it before we married.
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Kenzie, welcome to the Forum.

It's really important that you find a qualified Elder Law attorney or Medicaid planner in your state.

Medicaid is not allowed to impoverish the "community spouse" but the application is not a do it yourself project.
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Reply to BarbBrooklyn
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JENZIE10 May 7, 2025
I actually applied for Medicaid for him while he was in the hospital the 16 days with his stroke, but then was told that what I applied for was medical. Then the nursing home applied for Medicaid for long term care. It has all been so overwhelming. I've never dealt with anything like this before, and don't know what to do except as suggested I need an elder attorney or Medicaid planner. Thank you for your reply.
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