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  1. #41

    Default Re: How Does One Get Social Security Benefits if Unable to Get 40 Working Credits

    So if I am told to apply, do I ask for a supervisor? or better yet, an ombudsman for the health and human services of that state?

    The states I am looking into are: Oregon, North Dakota, Minnesota, Connecticut, Vermont and New Hampshire.

    I really really hope that the nursing home will work with me. They can't discharge her this coming friday if all goes well about this and I have a plan. Relocating a patient out of state will take a bit longer than a few days...

    to answer the your last question, she was married in this country but they divorced before I even started pre school so I'm not sure if the dude had a green card or not. I haven't had any contact and I am not sure if he is even alive. Her parents don't reside in this country.

  2. #42
    Join Date
    Oct 2016
    Posts
    147

    Default Re: How Does One Get Social Security Benefits if Unable to Get 40 Working Credits

    Yes, if they are unable to answer your specific questions about immigration policies, I would try requesting to speak to a supervisor or manager and/or maybe see if they can give you the contact information for someone who specializes in medicaid immigration applications, if such a person exists. https://www.cms.gov/About-CMS/Agency...gionaloffices/ Amazingly medicaid publishes the direct contact info for the directors of their regional centers, you could also try contacting them and ask them if they can refer you to someone in their office who specializes in medicaid and immigration, if such a person exists.

    I think you may run into some issues with the five year waiting period, since she has not been a legal residence for five years (correct?) but New York seems to indicate that they don't practice a waiting period, so perhaps other states also don't. Plus, some states may not apply this to her if she entered before 1996 - but this would be something to look into.

    ______________________

    I do not know about ombudsman, I think a lot of ombudsman are volunteers and I am not sure if they would be familiar with specific, complex policies, but maybe worth trying. I would think that if you find a policy and show it to them and show that it is not being applied to your mom's case, then they can help advocate for you. Same goes for staff at your senator's and congresspeople.

    For example, if I were in your situation, I would write and call someone on staff at ombudsman program, and the office of my senator and congressperson and say:

    "Medicaid has made a mistake on my mother's case. She is disabled and needs nursing home care. Because of Medicaid's mistake, the nursing home is forcing her out against medical advice and she will be homeless. My mother qualifies for Medicaid based on the following policy:

    D-8100 Texas Administrative Code Rules
    D-8320 Qualified Aliens Not Subject to a Waiting Period or Limited Period
    These aliens are immediately eligible for full Medicaid without time limits: Aliens lawfully residing in the U.S. on Aug. 22, 1996, who are blind or disabled
    D-8430 LAPR Residing in the U.S. on Aug. 22, 1996
    To be immediately eligible for full Medicaid: must have lawfully resided in the U.S. on Aug. 22, 1996, and be blind or have a disability (the onset date of the disability has no bearing)

    My mother meets this criteria, however, Medicaid made a mistake and did not follow this policy for her case. They mistakenly stated that she requires 40 work credits, however, because of the policy above she is exempt from this requirement.

    Could you please contact Medicaid on our behalf and ask: Why did they not apply this policy to her case? How can this be fixed?”

    (Side note: The way the policy is written, it's not totally clear to me, and there could be more we don't know, but I would think/hope they should be willing to at least call and find out what happened. In my experience, when you send a letter to a congressperson you sometimes have to follow up by calling a lot)

  3. #43

    Default Re: How Does One Get Social Security Benefits if Unable to Get 40 Working Credits

    I thought the five year waiting period is for people who came into the united states after August 22, 1996. I know she has not been a permanent resident for five years but she has been residing in the united states since 1986. I'll try and contact the Texas human and health services department about that August 1996 rule, I used to think they may be talking about people who were permanent residents before 1996 but it says "aliens lawfully residing" which applies to her. All this 40 working credit jazz and time limits is usually for immigrants that came into the country after 1996. But then medicaid was well aware of her 30 years in the united states. Even someone from the Texas and Human Health Services department had medicaid double check with all the information considered (years spent here, her marriage in the country, paid taxes) and they still mentioned that 40 working credit requirement.

    I would hate to risk wasting time contacting the same department of people again. I'll try and make another phone call to the senate office since I never heard back from them. I don't want to wait on them as I am running out of time. I'll focus more on relocating her to another state in the meantime. I have too much to do this week.

  4. #44
    Join Date
    Oct 2016
    Posts
    147

    Default Re: How Does One Get Social Security Benefits if Unable to Get 40 Working Credits

    My impression is that the rules around the five year waiting period and 1996 are applied differently in different states. It is just something to look into before... driving across the country

    Medicaid may have been well aware of her situation. That does not guarantee that the people handling her case knew all the policies or correctly processed her case. But I totally get that you have limited time and have to decide where to put your energies here.

    Here's the regs for oregon.
    http://www.dhs.state.or.us/spd/tools/program/ohp/d.htm

    Double check everything I am about to say, but my impression from a quick read is:
    - if she checks in to a nursing home for one day and says she intends to stay in the state = considered a resident
    - no waiting period if she entered before 1996 and can prove she was here 5 years continuously, based on certain dates, please look
    - 40 work credits mentioned for snap but no requirements mentioned for medicaid

    Bottom line: looks like a possibility

  5. #45

    Default Re: How Does One Get Social Security Benefits if Unable to Get 40 Working Credits

    Oh i'll definitely double check before I go around traveling 1000+ miles. Thank you. Thank you for these ideas. I'll give an update on Monday on what I find and how the nursing home responded..

    update: I think I looked at the requirements for Texas again in another document that talks about immigrants and public benefits in Texas and the 40 work credit is referring to all legal immigrants. The legal immigrants that arrived after 1996 have the 40 work credit requirement along with the requirement of having to be in the US for 5 years. Even though my mother arrived before 1996, she doesn't have that five year requirement but she is not exempt from that 40 work credit requirement. It's starting to make sense clear up my confusion about why they know about how long she has been here but she was still denied.

    oh the first sentence should start as "I looked at the requirements...." remove the "think".

    update 2: actually I read some more and it looks like if she is "disabled" then she should get medicaid. But I don't know if I want to keep her in a state that is ranked worse for healthcare, medicaid, and the disabled... Should I continue to fight this by mentioning this or move her to a state with better and quality services? I don't know what the nursing home is willing to do.

  6. #46
    Join Date
    Oct 2016
    Posts
    147

    Default Re: How Does One Get Social Security Benefits if Unable to Get 40 Working Credits

    yes, did you see the sample letter I wrote to congressperson and ombudsman above?

  7. #47

    Default Re: How Does One Get Social Security Benefits if Unable to Get 40 Working Credits

    Yes I saw the sample letter. I talked to the social worker in the nursing home and it seems no matter what plan I have, they plan on kicking her out. Now there is a conflict between the nursing home and the adult protection services case worker as where she is going is considered "inappropriate discharge" but the social worker sounds like she doesn't really care and they seem unwilling to help me out. My decision is to just move her out but either way, ombudsman, lawyer, relocation, or whatever, it'll take a long time and they seem unwilling to help me out and they are so focused on kicking her out so they can stop losing money. I understand it's a business but now I am more frustrated.

    update: i'll be meeting with a county case worker that will work with me on relocating her. I contacted the ombudsman and yep I heard the same jazz. The 40 credit hours are oh so important in Texas. I already made up my mind on what I'm going to do. I called the six states and all of them but new hampshire, she'll be eligible for medicaid. The issue they keep bringing up is that she doesn't live in those states and I know that is a requirement but her residency will be fulfilled once she moves into a nursing home there. I'll be narrowing down the list so that I can focus on the states. Right now i'm focusing on minnesota, connecticut, oregon, and maybe vermont (she'll be eligible for vermont medicaid but I am quite confused about their application process).

  8. #48
    Join Date
    Oct 2016
    Posts
    147

    Default Re: How Does One Get Social Security Benefits if Unable to Get 40 Working Credits

    If I were you, before relocating, I would look online for the policy IN WRITING on how the state handles the five year waiting period from before 1996. Each state has a different policy on how they do it.

    I have found that it can take a lot of looking to find the page with the full policy for immigration medicaid regs. I have put the oregon one above for you.

    "A person who has obtained their qualified noncitizen status less than five years ago but entered the U.S. prior to August 22, 1996. The noncitizen must show that he or she has been living in the U.S. continuously for five years from a date prior to 8/22/96 to the date the noncitizen obtained their qualified status. If the noncitizen cannot establish the five-year continuous residence before he or she obtained their qualified status, the person is not considered to have entered the U.S. prior to 8/22/96."

    I read this to mean you would need some documentation from the 1980s or 1990s, I'm not sure what kind of documents they would want, and if it is something they can access or you have to collect and provide.

  9. #49
    Join Date
    Jun 2014
    Posts
    3,043

    Default Re: How Does One Get Social Security Benefits if Unable to Get 40 Working Credits

    Why is your mother in the nursing home ? Did her doctor say she might be able to leave one day or that she would not ? Is he in an actual nursing home or is it for rehabilitation?

  10. #50

    Default Re: How Does One Get Social Security Benefits if Unable to Get 40 Working Credits

    she had a stroke and she couldn't be able do anything on her own. But because of the lacking resources that Texas has, the nursing home is going to move her to a boarding home. I am reading that boarding homes in texas are poor in quality and it doesn't have the level of care that she needs but there is nothing to do now. I am hoping to keep her there no longer than a month before I move her.

    Kitcat, I am rereading everything and for connecticut, oregon, and minnesota. vermont has almost the exact same reading as oregon.

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