SSDI and Skilled Nursing: Can they keep my SSDI back-pay?

You had to sign something for the SNF to become payee for you. If you already had SSD going into the facility, you should have already received your backpay?

Were you Medicaid pending when u entered the NH? If so Medicaid may not have paid prior to their start date. So the pay back was used to offset an open balance. I have also been told, in the last couple of years, SSD is only paying back one year. Used to be they went back to the application date.

You can ask for an accounting. To be honest, you really don't want the money if it goes over your States asset limit. This would mean you needing to spend it down. Or Medicaid stopping and you using it to pay for the NH.

If a lawyer was used, he/she gets 25% of the money to pay for his serves.

 
  404.843.0121   | Hurley,   An attorney in Georgia writes:

Georgia nursing home Medicaid continues to confuse families and professionals. One of the most confusing aspects is how the rules apply to a nursing home resident that is married vs. single.
Nursing home Medicaid laws are different for single individuals than for married individuals. In many ways, Medicaid laws are more generous for those with a spouse still at home. In general, the rules usually allow a married individual to get on Medicaid without spending all of his/her assets and income.
In an effort to protect the well spouse, Georgia laws and regulations apply different asset limits, allow for spousal diversions, and delay Medicaid estate recovery for married couples when one spouse is in the nursing home. Medicaid does not want the well spouse to be impoverished by his/her ill spouse’s nursing home costs.

Here is information on "Community Spouse" right here on the AgingCare forum:

https://www.agingcare.com/articles/medicaid-spend-down-for-spouses-158628.htm

You will still need an attorney.

You really need to speak with an SSDI expert, preferably an attorney.

Found this firm on the internet:
https://www.affleckandgordon.com/conyers-disability-lawyers/

I suggest giving them a call and see if someone is willing to answer your question.

Disabled is the husband with a wife and child.
The protections for the "Community Spouse" will be considered
once Disabled gets an attorney.

Just ignore any knee-jerk reactions until you get some more answers.
If "Igloo" answers, follow her directions, imo.

The taxpayer is paying for you to live at the nursing home, you don’t get even more money on top of that.