- Equal Justice Under Law
Updates on income that can’t be counted for Medicaid or SSI financial eligibility
Upcoming Clinics, Events, and Legal Help Resources: October 2022
October 4, 2022Update on Pandemic EBT Food Benefits
October 4, 2022Updates on income that can’t be counted for Medicaid or SSI financial eligibility.
Economic Impact Payments (EIP) (stimulus payments) first authorized by the CARES ACT in 2020 and then two later rounds of payments AND Unemployment benefits paid from March 2020 through Sept. 2021 cannot be counted as “income” for financial eligibility for Medicaid or SSI. Medicaid and SSI recipients no longer are required to spend the checks within 12 months. Even if they keep them, they are not counted as a “resource” for eligibility for their benefits. For more information, please see NYS DOH’s Update on the Impact of Certain Federal COVID-19 Pandemic Related Payments on Medicaid Eligibility Determinations for SSI-Related Applicants/Recipients, and the SSA directives that exempt these pandemic payments from SSI: Special Processing Instructions for Applying Supplemental Security Income (SSI) Income and Resource Exclusions to Pandemic-related Disaster Assistance and Effect of COVID-19-Related Financial Assistance on SSI Income and Resources.
Additionally, nursing homes are not entitled to stimulus checks either and a nursing home who seizes this income is in violation of federal law.
NSLS’ Public Benefits Unit provides legal assistance to persons who experience problems with public benefits programs which are administered by the local Departments of Social Services, including:
- Welfare (TANF and Safety Net)
- Medicaid
- Food Stamps (SNAP)
- Child Care Assistance
- HEAP
- Emergency shelter for the homeless
- Unemployment insurance appeals and overpayments
- Other emergency assistance programs
We also assist low-income households in establishing Supplemental Needs Trusts to eliminate the Medicaid spend-down and assist homeless families to obtain rent supplements from DSS to enable families to leave the shelters or retain permanent housing. Suffolk residents west of 112 can call 631-232-2400 and east of 112 can call 631-369-1112. Nassau residents can call 516-292-8100.