While we have helped win many Share of Cost Cases there are still some specific cases that have not been overturned. We are continuing in this effort by raising funds for legal action that could lead to a situation where many of the remaining Share of Cost Cases are fixed. Please donate to help support this vital Share of Cost Case!
We have received a request for help in paying legal fees for a case dealing with another Share of Cost (SOC)issue.
If you remember in 2018 the State changed the policy on determining SOC for individuals disabled before the age of 22 receiving Social Security Benefits on a parents record. At that time we were preparing to file an appeal and go to court if the appeal was denied. After meeting with parents and taking another detailed review of the law the State decided to reverse this policy and withdrew the SOC requests they had previously sent.
The SOC issue has come up again in a different and frankly more complicated form. An appeal was filed by the family but denied by the State. The family has been able to meet the legal fees of the appeal but is not able to pay the additional fees for going to court. The Family has been able to raise $3150 but need to raise another $3000. We have agreed to help raise some donations to help pay these additional fees as this appears to be a precedent-setting case.
The case involves the State alleging a child is no longer categorically eligible for Medicaid and therefore subject to what appears to be a significant SOC as a medically indigent person. The situation applies to individuals that were receiving SSI and obtained a job through supported employment. By working, the individual became eligible for Social Security Disability Benefits(SSDI) and lost the SSI payment due to their wages and SSDI Benefits. However, the individual continued to receive Medicaid under 1619(b), which is a work incentive passed by Congress in 1986. However, when the individuals’ parent either retires, dies, or becomes disabled, and the child begins to receive a social security benefit on the parent’s record, the State is saying the individual no longer qualifies for Medicaid.
It appears to us the individual is still subject to all the protections in the Federal Statutes that are designed to maintain Medicaid eligibility for an individual disabled before the age of 22 (DAC) whose disability continues into the future.
Many of the families of individuals currently affected have limited funds to hire an attorney. As a result, many have not appealed. In addition, others, with some funds, could not afford to authorize their attorney to do the work that is really necessary to fight this. However, one case has proceed with proper discovery, case development, and analysis. Funds for that case have now run short. Funds are needed to be able to complete the work in that case, and carry it to the courts, if necessary. Please contribute to this cause. Thank you.