With the new year upon us, the New York State Department of Health has issued its updates to the allowed income and resource limits for Medicaid applicants and recipients.
For new Medicaid applications submitted between January 1, 2024, seeking community Medicaid benefits, an individual is allowed to keep non-exempt resources of $31,175 (up from $30,182 in 2023) and income of $1,732 plus a $20 unearned income credit (up from $1,677 plus a $20 unearned income credit in 2023). Individuals seeking nursing home Medicaid are still limited to only $50 a month of income but are allowed to keep non-exempt resources of $31,175 (up from $30,182 in 2023). The income and asset values increase for married couples but are subjective as to whether one or both spouses are receiving Medicaid benefits, and if so, which type of Medicaid (community and/or nursing home) each spouse is receiving.
In addition to the increase in asset and income limits, New York state has increased the equity limit that one may have in their primary residence and still qualify for Medicaid benefits. The primary residence equity limit has increased to $1,071,000 (up from $1,033,000 in 2023). While your home may be considered exempt for Medicaid purposes, it may eventually be subject to Medicaid estate recovery upon your passing and/or subject to a lien put in place during your lifetime (liens can be sought if you are receiving nursing home Medicaid benefits).
To ensure that your estate and asset protection planning complies with the current laws, or should you have any questions about your Medicaid benefits, please contact Littman Krooks LLP.
Elder Law & Estate Planning
Special Needs Planning
Special Education Advocacy
New York City
1325 Avenue of The Americas,
15th Floor
New York, NY 10019
P: (212) 490-2020
F: (212) 490-2990
Westchester County
800 Westchester Ave
S-436
Rye Brook, NY 10573
P: (914) 684-2100
F: (914) 684-9865
The team at Littman Krooks was excellent in every way. My attorney, Nicholas Khayumov, was professional, extremely knowledgeable, and compassionate. Nick exceeded my expectations and was a pleasure to work with. I would highly recommend Littman Krooks to anyone in need of legal assistance for Estate Planning/Elder Law. I would certainly retain them again should the need arise. OUTSTANDING.
When I sold my house, owned by my irrevocable trust, my accountant said I would have to pay tens of thousands in taxes. The Littman Krooks lawyer I saw was both extremely thorough and very personable. He wrote a masterful letter to my accountant who passed it on to her legal office which then agreed with the Littman Krooks lawyer. The IRS accepted the filing, saving me tens of thousands of dollars.
Joel Krooks and his staff delivered exceptional service and achieved excellent results for my case. I’m highly satisfied with their professionalism and would recommend them to anyone in need of legal assistance!
Littman Krooks LLP and specifically Joel Krooks, has provided the ultimate legal professional services to my family. I have a special needs daughter who is 37 years old. Additionally, my wife, who due to health issues, has been largely confined to bed for years. Littman Krooks succeeded in obtaining Medicaid coverage for both my daughter and my wife. This has enabled my daughter to obtain an OPWDD Self Direction budget which has been enormously helpful in allowing her to live semi-independently for the first time. Getting my wife Medicaid coverage has allowed her to receive the services of a wonderful health aid. This has given me some space, for the first time in years, for myself away from being a full time caregiver. Joel Krooks also worked with us to create an estate plan carefully crafted to our individual circumstances that is critical to our future. He did all of this with friendly, personal and empathic attention to details. Littman Krooks' and Joel's expertise in special needs issues and services in New York State and the relevant law is unmatched in the legal profession and has proven invaluable to my family. I highly recommend using their services. Thank you, Littman Krooks! We greatly value being your clients and thank you for all that you have done for us. Sincerely, Stephen Heyman
I cannot rave enough about working with Brian Miller and the team at Littman and Krooks. They honestly made me feel like family. The soft, non pushy approach and knowledge of their subject area is not only comforting, but reassuring. I even recommend them to my daughter-in-law and son! Now that’s confidence!
I have worked with Littman Krooks for over 25 years - specifically with Amy O'Hara. I cannot say enough about the high quality of Amy's professional work. But there is more to estate planning than high quality products. Working with Amy, I never felt rushed. I felt listened to and that my concerns, wonders, and what if. questions were valued and considered. Amy took the time to know me, my family and to keep our individual situation in mind as she worked to create a plan for our future as well as one which meets the needs of our children. As the parent of a child with a disability, the worry of how that child will be cared for is always present. The plan that Amy created, put to rest a large portion of that worry. Amy has always generously offered thoughtful, professional advice on a number of tangential situations. While we initially met with Amy to plan for the special needs of our daughter, over the years, as my husband and I have aged, we needed advice specific to our situation. Amy was our go to person and she created and executed the documents we needed to be sure all was in place. I never hesitate to call and Amy is always timely in getting back to me. I count on her. She is on my side in a professional and personal way that are the essential components for a successful estate plan.
If you are looking for a professional, smart, knowledgeable, caring, efficient, and effective legal team to help with Estate and Elder care Law, I would heartily recommend Littman Krooks. I have used several other firms in the past for issues pertaining to Elder Care and Estate Planning and have not previously found the high level of service and care that I have at Littman Krooks. This firm resolved a rather complicated issue with an outcome that surpassed my expectations, and even hopes. The process was seamless with promptly returned phone calls and emails, excellent communication and fair pricing. I worked specifically with Bernie Krooks and Laura Brancato.
After the passing of our Dad in January, we had an unfortunate situation with another sibling. The event took us completely by surprise and we barely had time to obtain legal help. Laura Brancato with Littman Krooks LLP was referred to us. Not only did Laura accommodate us, but within 24 hours, was able to prepare all necessary details to present our case. The stress was indescribable.I cannot say enough about Laura's professionalism, integrity and communication skills. Without a doubt, Laura worked tirelessly on our behalf to represent us in an extremely critical hearing.Laura's legal expertise was above and beyond our expectations. She showed genuine care, concern and calm when we were at our lowest.We will be forever grateful and appreciative to Laura and Littman Krooks LLP for representing us and gaining a successful conclusion in our favor.
I highly recommend Littman Krooks for all of your child's educational needs. Arshi Pal and Nicole Garcia have worked with both of my children on three impartial hearings and annual IEP meetings over several years. They are an amazing team who follow through from the beginning of the process until your child receives everything that they need to succeed. In addition, they follow-up to ensure that services are being implemented and are effective. They are available to answer questions and guide you throughout. You will not wait a week for a call back. I would describe Arshi and Nicole as attentive, caring, responsive, reliable, available and strong advocates. I couldn't ask for a better team!
Rochellie R.Littman Krooks has an excellent reputation, yet my high expectations were exceeded when I became Marion Walsh's (of LK's) client. My son, "Rhys" [not his real name], was a student in a (solid) Special Education school, from which he was due to graduate in three years, when I met Marion. My research had led me to conclude that a particular Special Ed high school would be the condign one for Rhys, and I wanted to do all I could to make sure that's where he ended up. Although this high school is on the NYS "Approved List" -- meaning it is private, but Special Ed students can be placed there -- it is highly desirable and admissions are competitive; I wanted an attorney to shepherd us through the Admissions process. I contacted LK and met with someone at the firm in NYC. That attorney arranged with me to meet Marion Walsh at her office in LK's White Plains office because Marion is especially familiar with the school I wanted for my son, in addition to being experienced with every aspect of the annual IEP process, which is crucial when it comes to next-school placement. I met with Marion Walsh, who outlined what we would need to do over the next two years to give Rhys the best shot at the school I wanted for him, as well as to ensure that he be given appealing options besides that school. From that point on, Marion and her team, including Sandi Rosenbaum, were involved in Rhy's IEP meetings, making sure that these evaluations and final reports, which prospective schools would consider carefully, reflected the best view possible of Rhys's progress. Marion deftly worked as an intermediary among me, Rhys's school, and the Committee on Special Education. She pushed for having Rhys's classification changed from "Emotionally Disturbed" to "Other", and made sure his IEP cited the strong evidence that justified that change. THAT was a key reason that Rhys was accepted at the school I had hoped he would attend. where he now is a student and is thriving! During the two years I worked with Marion and her team, including Sandi Rosenbaum, they were consistently responsive -- routine emails or calls from me would get at least a quick acknowledgment within a few hours; in urgent situations, within 30 minutes -- thorough, sympathetic, and highly professional. Because we had several important meetings with the school and CSE during Covid, and those had to be Zoom calls, the meetings were particularly challenging to control - yet Marion managed to guide these meetings assertively, making essential points and being a champion for my son. I highly recommend Marion Walsh and I intend to work with her again when I next have a decision to make about Rhys's education or training options, or should any problem arise. She's a superior attorney with a first-rate team.
