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What do you mean her records? Someone from Texas DHS told me directly why her case was denied. Although they are aware that she has been here since before 1996, no one ever told me that I needed to provide proof of that.
The reason I asked if someone was looking at her records is because you said you spoke to someone at DHS in Washington and they told you, you had a good chance at an appeal. If they did not have your mothers records in front of them, they are unable to determine why she was denied coverage, the only advice they could give you was based on what you were telling them.
Unfortunately the burden of proof lies with your mother and since she is currently incapacitated and you are the one trying to get her these services, then it falls to you to prove she was here before 1996. You said "I think they are excluded from all services if they entered the US after Aug. 1996 for the first five years. I just found out that my mother could have been qualified for medicaid because she entered the US before 1996 and texas could have treated her as if she entered after 1996 because there was no proof that she was here continuously and before 1996." Not sure I understand since you say there is no proof that she was here continuously and before 1996.
I am really not trying to be mean just trying to understand what sounds like a very difficult situation.
OP, you really need to get a lawyer for your mother, what happens if with all your hard work and evidence it is not enough? You need someone fighting on your behalf who has all the paperwork sitting in front of them. I know of very few lawyers that will provide advice over the phone, you need to find a lawyer, set up an initial appointment, it won't be free but at least you will have a better idea of what you are dealing with.
I think they are excluded from all services if they entered the US after Aug. 1996 for the first five years. I just found out that my mother could have been qualified for medicaid because she entered the US before 1996 and texas could have treated her as if she entered after 1996 because there was no proof that she was here continuously and before 1996. I was told by this after contacting the DHS in Washington and Minnesota. This is a federal rule and all states have it. I was recommended that I should appeal before going the effort to move her to another state. The problem is she was denied around November and I wonder if it too late to appeal...
If I work hard and provide enough evidence, that could be all I needed to do. When the nursing home applied for her, hell! I am not sure they even entered her Alien number (number that green card people have).
I she was denied in November why have it taken you this long to appeal? I would have got a lawyer then. Please stop messing around and get one.
Location: Giant sack of land between new mexico and lousiana
167 posts, read 189,265 times
Reputation: 92
Quote:
Originally Posted by CGab
I she was denied in November why have it taken you this long to appeal? I would have got a lawyer then. Please stop messing around and get one.
Messing around? are you aware of the amount of work I have done? Read my posts first. I just found out that the five year bar exemption for immigrants that arrived before 1996 was a federal law. That means that every state has one. I thought it was a state only thing and texas was one of those states that didn't allow that exemption. I was going to go move her to another state but if that is not necessary then I'll try again at this one.
Location: Giant sack of land between new mexico and lousiana
167 posts, read 189,265 times
Reputation: 92
Quote:
Originally Posted by ajzjmsmom
The reason I asked if someone was looking at her records is because you said you spoke to someone at DHS in Washington and they told you, you had a good chance at an appeal. If they did not have your mothers records in front of them, they are unable to determine why she was denied coverage, the only advice they could give you was based on what you were telling them.
Unfortunately the burden of proof lies with your mother and since she is currently incapacitated and you are the one trying to get her these services, then it falls to you to prove she was here before 1996. You said "I think they are excluded from all services if they entered the US after Aug. 1996 for the first five years. I just found out that my mother could have been qualified for medicaid because she entered the US before 1996 and texas could have treated her as if she entered after 1996 because there was no proof that she was here continuously and before 1996." Not sure I understand since you say there is no proof that she was here continuously and before 1996.
I am really not trying to be mean just trying to understand what sounds like a very difficult situation.
OP, you really need to get a lawyer for your mother, what happens if with all your hard work and evidence it is not enough? You need someone fighting on your behalf who has all the paperwork sitting in front of them. I know of very few lawyers that will provide advice over the phone, you need to find a lawyer, set up an initial appointment, it won't be free but at least you will have a better idea of what you are dealing with.
I was going to move my mother to another state. I contacted someone that deals with citizenship and medicaid in Washington and she told me that that segment involving the five year ban exemption was a law that exists in all states. She even looked up Texas medicaid and saw that information. She didn't have to have my mother's record out. I told her the details about what I was dealing with and she advised for me appeal first before trying to move 2000+ miles to washington. I have lots of evidence and can obtain more to prove that she has been residing here continuously. I know I am on my own.
Part of this is the nursing home's fault because they "assumed" she'll be eligible for medicaid. They applied for her, I gave them her SSN and alien number and that was it. They filled out the rest. I was asked when she arrived to this country but the social worker nor anyone involved did not tell me about that five year exemption for immigrants that first came into the US before Aug. 1996 and how it is a rule that applies to all states. The nursing home admissions directory or social worker did not say that I can provide proof. Because of that, Texas Medicaid was unaware and without proof, they are not going to assume that she arrived here before 1996. I didn't know much about medicaid back then. If I was given that bit of information before hand, who knows? this thread would probably not exist and I would have appealed earlier.
Ok everyone. The fact that she never became a citizen is not my fault. I asked for help and suggestions. If you want to offer criticism and not help, don't answer here.
You opened it up with whining and complaining about my country.
Make sure you retain documentation from your correspondence with DHS. Have them send you email and attach the pertinent statute highlighted so that it can be shown to a lawyer and included in any letter to Texas to apply for benefits or to appeal a prior application that was wrongly rejected. All petitions by the enrolled agent I hired cited the relevant section of the law and were subsequently accepted by the tax authority. I didn't find him off the street, although I tried that route. He was referred to me by someone who prepared the old returns (a Block preparer).
Messing around? are you aware of the amount of work I have done? Read my posts first. I just found out that the five year bar exemption for immigrants that arrived before 1996 was a federal law. That means that every state has one. I thought it was a state only thing and texas was one of those states that didn't allow that exemption. I was going to go move her to another state but if that is not necessary then I'll try again at this one.
Please apply for SSI. You have the info from applying for SSDI so it won't take long. Let them be processing that! It might come faster than you think! If it doesn't, it was a small amount of time to try.
Also, imo you should ignore these people getting onto you about your mother's immigration status. It's a waste of your time and brain space to reply to them.
Also, imo you should ignore these people getting onto you about your mother's immigration status. It's a waste of your time and brain space to reply to them.
Here it is in a nutshell, the OP came on here asking for advice, in order to better give advice, we asked questions, now people are getting upset because of this? Over the three threads the OP has posted about this situation, the one common piece of advice he/she has gotten is to seek the services of a lawyer to more efficiently and expediently navigate the mothers situation. The OP of course isn't obligated to follow anyone's advice but at some point in time, there are no more answers for the OP.
And as far at the importance of the mother's immigration status, it is pretty important seeing as it is the reason the mother has been unable to get help, that is why all the questions about her immigration status. If the process can be long and difficult for a citizen to get gov't assistance, then can you imagine how hard it is to get assistance if you are not a citizen? Sadly for the OP under our current administration, things are potentially going to get harder.
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