Elder Law Advice Needed

[Craig H]

Ugh. I haven't mentioned it at all on here, or anywhere really because it's a major sore spot. In February of last year, my mom started having difficulty walking. She went from using a cane, to using a walker, to falling repeatedly in a very quick span of time. The doctors and neurologists she's seen had no idea what was going on because other tests showed that her muscles and nerves were fine. They settled on saying she has Parkinsonism because nothing else fit and even then, the only thing that fits that diagnosis is some trembling in her hands, which is likely related to blood pressure medicine.

 

Anyway, she was actually hospitalized and placed in a nursing home for rehab earlier this year due to an injury from a fall, was released, and my girlfriend is in nursing school and came across something called Normal Pressure Hydrocephalus. To wrap this story up, she's in the process of receiving testing for it, but also recently fell again, breaking her leg. This caused her to wind up in the nursing home for rehab again. She has an appointment on Monday to receive another test for the condition she might actually have, but the nursing home is now saying that's not allowed and she's going to be discharged on Monday. My mom even said that she would cancel the appointment and would reschedule for when she's released, and the nursing home is still booting her out on Monday, even though she's still in a cast and can't care for herself. She's been doing some rehab, but isn't close to being able to go home, and the original plan was for her to be out of the cast and do the rehab you would would do to go home. The nursing home is also saying they release people still in a cast all the time.

 

Is this allowed? It's a Medicare certified nursing home. I thought there were rules for this sort of thing. I'm just wondering if we should contact an elder law attorney or what an elder law attorney would do. I tried getting my mom accepted into Medicaid because she makes next to nothing and really should be in a retirement home type facility, but she was denied Medicaid. Someone told me an attorney could help with that too. So is that right? I just don't want to waste my time and I know we have some lawyers on here that I thought could maybe give me some advice.

 

Thanks.

[Lawful Metal]

Call Someone in your state.

[OSJ]

Craig:

 

Lawful Metal speaks truth. Laws very State to State. As far as Medicaid, the procedure is to turn everyone down at least once. Your mom needs a lawyer to make waves.

[Tabe]

Attorneys can help with Medicaid. My mom did that to get my dad on Medicaid when he went into a nursing home. That guy did a great job and it was really beneficial to my folks.

[OSJ]

Craig:

 

Sorry, I was a little terse with my comment and didn't mean to be... Here's the ugly truth, it is Medicare/Medicaid policy to always turn down everyone on their initial application. In fact, a second turn down is likely in most cases. Here's real life, my wife was stabbed in a mugging in Seattle, due to complications she can't lift much more than one of our cats and is also suffering from diabetes and a rare blood disorder they haven't even agreed on a name for yet. Basically, she's been unable to work for nearly twenty years. She had to get an attorney to get her disability.

 

Next case, 52 year-old man with chronic immobilizing back pain develops COPD. So now, not only is he unable to sit for very long, he has to have oxygen 24/7. This is a person who has been paying into the system since age 15 and except for a three-month stint years ago, has never taken unemployment or anything else from Uncle Sugar. Now this has to be a slam dunk, right? I mean the number of companies that want a guy bobbing up and down from his desk because his back hurts are fairly few in number, then let's add having to have an oxygen machine by his desk... Took three filings to get mine. When I finally got in front of a judge, she was very conciliatory and rendered the decision almost immediately. Most attorneys specializing in this type of case will take their fee off the settlement, so you're not out of pocket for a retainer. I'll plug the only national firm I know, they helped my wife... Binder & Binder.

[J.T.]

What Lawful Metal said.  What the law is and what you think the law should be are two different things.  Consult with a proper attorney skilled in that area of legality.

 

If you don't know where to start use Google to locate any local offices, online chat, or hotlines for Elderly Advocacy / Senior Care Consumer Rights organizations like these and speak with a representative.

 

Your State Bar Association may also have a directory of attorneys whose specialty field is Senior Advocacy or lawyers that regularly deal with Medicaid / Medicare cases.

 

If cash is the problem. visit your local legal aid clinic.  if cash is an issue and you know someone in the military or who works for the DoD, have them consult on your behalf with someone from the local JAG office.

[Craig H]

Thanks everyone for the info and advice. I'll do some digging and see what I can find.

[Craig H]

Hmm...after I raised a fuss, pointing out Medicare.gov info, my mom is no longer being discharged and the nurse who said she should be discharged on 11-9-2015 was out sick today. Yeah. OK.

 

They still suggested my mom cancel who appointment to test for Normal Pressure Hydrocephalus.

 

Fucking nursing homes/rehab centers.

[Johnny Sorrow]

I worked in Nursing Homes for 23 years. In actuality most are full of dedicated people doing an amazingly hard job. That being said, the ones that are terrible give everyone in the business a black eye.

Craig , what you need to do is call the omsbudman for health care facilities in your area if you have further issues. The Omsbudman HAS to investigate any issue.

[bobholly138]

Craig:

 

Lawful Metal speaks truth. Laws very State to State. As far as Medicaid, the procedure is to turn everyone down at least once. Your mom needs a lawyer to make waves.

Out of the 10 people I know that get Medicaid only one got it on the first try without a lawyer. All the rest got turned down two times,then got a lawyer and got it on the third try.