SSDI, SSI, Estate Planning, Elder Law & Medi-Cal Planning in California

Medicaid Planning & Elder Law Attorney in San Bernardino, CA

Looking for a San Bernardino Medi-Cal & Elder Law Attorney Near You?

When you fill out this form, a friendly member of our team will contact you by phone and email to answer your questions.

Should You Hire an Elder Law Attorney to Assist with a Medi-Cal Application in San Bernardino?


Elder law attorneys like James Dolenga specialize in helping seniors with long-term care planning, estate planning, and government benefits. He has experience in Medicaid planning, understands each California’s rules and regulations, and helps families by identifying strategies to legally obtain and maintain eligibility for public benefits.

Medi-Cal is a complicated benefit for residents of California. It’s important to seek the advice of a seasoned professional who understands the rules, processes, and provisions under these laws.

Without professional guidance, families risk losing the assets and inheritance they worked so hard to create.

Who is Eligible for Medi-Cal in San Bernardino?

Many people are wrongfully told (or assume) that they must be financially destitute to qualify for Medi-Cal / Medicaid for long-term care. 

Clearly, individuals can’t just give away, transfer, or quitclaim away property as this will trigger severe penalties. 

The Medi-Cal / Medicaid law has many exceptions and loopholes which can allow families to preserve most of their accumulated assets and wealth.

For institutional / nursing home / skilled nursing care, there is no income limit.

Medi-Cal will however require that excess income be applied to care as a Share of Cost. 

Depending on the level of care needed, the applicant may still end up using their entire monthly income and still need to spend down from other assets.

Asset limits (real estate other than a primary residence, bank accounts, investment accounts, certain retirement accounts, etc.) are listed as $2,000 for a single applicant and $3,000 for married applicants when both are applying.

For married applicants when only one spouse is applying, the non-applicant spouse is allowed to retain up to $137,400 (called the Community Spouse Resource Allowance) plus the $2,000 allowance for the institutional/applicant spouse.

For assistance under the “waivers” programs, which covers caregivers, in-home supportive services, and assisted living, the income limits are $1,564/mos for the applicant and $2,106 for a couple when both are applying.  The asset limits remain the same.

Applicants are told that they must “spend down” their assets until they get below these asset limits. 

Again, the Medi-Cal / Medicaid rules have very explicit carve-outs and exceptions that can allow an applicant or their family to protect hundreds of thousands or even millions of dollars with proper planning.

That’s where we come in. 

We will work with you to legally protect those assets and to shepherd the Medi-Cal / Medicaid application through the government bureaucracy from application to approval.

Once qualified, we can work with you to further protect those assets from Medi-Cal / Medicaid recovery after death.

James Dolenga will create a well-written, customized estate plan, so you can ensure that your wishes are carried out and your goals are achieved while protecting your family and legacy. Get help today.

Research shows that having a professional representative can boost your chances of getting Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Make sure you’re represented.

Medicaid Planning & Elder Law Services Near San Bernardino

Our law firm provides comprehensive, personalized, and tailored legal services to meet all of our client’s estate planning needs. Our firm utilizes a variety of tools to help families preserve their assets for generations to come. Specifically, we work with our clients to minimize estate taxes and ultimately avoid the lengthy and expensive probate process by utilizing Wills (simple & complex), Powers of Attorney, Living Trusts, Living Wills, Family Limited Partnerships, Irrevocable Trusts, and Charitable Gifting Strategies.

When it comes to Medicaid & Medi-Cal Services & Elder Law, our goal is to protect our clients’ nest eggs. We ensure that our clients qualify for Medicaid services and other government medical benefits so that their estates are protected from expensive nursing home and hospital bills. If you become disabled and unable to work, we will help you determine if you qualify for SSD coverage. As a Social Security disability lawyer, James Dolenga will also inform you about the monthly disability benefits and health coverage for a deceased, disabled or retired worker’s disabled dependents.

About California

California, a western U.S. state, stretches from the Mexican border along the Pacific for nearly 900 miles. Its terrain includes cliff-lined beaches, redwood forest, the Sierra Nevada Mountains, Central Valley farmland and the Mojave Desert. The city of Los Angeles is the seat of the Hollywood entertainment industry. Hilly San Francisco is known for the Golden Gate Bridge, Alcatraz Island and cable cars.

San Bernardino Elder Law and Medicaid Planning

Senior Services in San Bernardino

The Department of Aging and Adult Services (DAAS) is a San Bernardino agency dedicated to helping seniors and at risk individuals to improve or maintain choice, independence and quality of life. The department works to ensure seniors and adults with disabilities have the right to age in place in the least restrictive environment!

DAAS Administration Office is located at:
784 E. Hospitality Lane, San Bernardino, CA 92415
Administration Office telephone number is:
909-891-3900

In-Home Supportive Services (IHSS) San Bernardino Office is located at:
784 E. Hospitality Lane, San Bernardino, CA 92415
IHSS Office telephone number is:
909-891-3700

For the telephone numbers and office locations of the Programs and Services available from DAAS please select the CONTACT US above.

 

Direct Deposit for IHSS Providers Required July 1, 2022
Due to a change in State law, effective July 1, 2022, In-Home Supportive Services (IHSS) providers will be required to receive their paychecks by direct deposit. With direct deposit, the provider’s IHSS paycheck is deposited directly into his/her checking or savings account or onto a pay card of his/her choice, instead of being mailed to the provider through the U.S. Postal Service. A reloadable pay card can be used for direct deposit and to make purchases and withdrawals. For additional information, providers should contact their local Department of Aging and Adult Services – Public Guardian (DAAS-PG) offices.

 

Electronic Visit Verification (EVV)
In-Home Supportive Services (IHSS) providers and recipients are required to submit and approve timesheets electronically through the Electronic Services Portal (ESP) or the Telephone Timesheet System (TTS). IHSS providers must complete the Electronic Visit Verification (EVV) fields, including start time, end time and location where services were provided, when submitting their timesheets electronically. Visit http://www.cdss.ca.gov/inforesources/IHSS/EVV for more information about EVV.

 

Electronic Services Portal (ESP)
IHSS providers and recipients may use the ESP to submit and approve timesheets online using a tablet, smartphone, laptop or computer. The ESP can be accessed at https://etimesheets.ihss.ca.gov/login.

 

Additional benefits of the ESP include:

  • • Faster processing of timesheets and paychecks.
  • • Check the status of a timesheet or payment.
  • • View timesheet history up to the last three months.
  • • Request timesheets.
  • • Claim sick leave.
  • • Submit Travel Claim forms.
  • • Enroll in direct deposit.
  • • Recipient designation of providers.

For more information about ESP, visit http://www.cdss.ca.gov/inforesources/IHSS-Providers/Resources/Timesheet-Information.

 

Telephone Timesheet System (TTS)
The TTS is an automated telephone system that allows IHSS providers and recipients to submit and approve IHSS timesheets using a land-line or mobile telephone. The TTS is available 24 hours per day/7 days per week. To register in the TTS, call 1-833-342-5388.
Contact the IHSS Service Desk at 866-376-7066 for more information.
For additional questions, contact your local DAAS-PG office

Medicaid Planning Elder Law San Bernardino

About San Bernardino, CA

San Bernardino is a city in California, east of Los Angeles. Ancient Egyptian relics are on display at the Robert and Frances Fullerton Museum of Art, at California State University, San Bernardino. In the city center, Seccombe Lake Park offers playgrounds and fishing. Silverwood Lake, backed by mountains, is to the north. The resort town of Big Bear Lake, in San Bernardino National Forest, is northeast of the city.

General Information About San Bernardino

San Bernardino offers several parks and other recreation facilities. Perris Hill Park is the largest with Roosevelt Bowl, Fiscalini Field,[58] several tennis courts, a Y.M.C.A., a senior center, a shooting range, hiking trails, and a pool. Other notable parks include: the Glen Helen Regional Park, operated by the County of San Bernardino, is located in the northernmost part of the city. Blair Park is another midsized park near the University District, it is home to a well known skate park and various hiking trails on Shandin Hills, also known as Little Mountain. In 2017, San Bernardino park honored its newest park to local heroes Bryce Hanes and Jon Cole. [59]

San Bernardino hosts several major annual events, including: Route 66 Rendezvous,[43] a four-day celebration of America’s “Mother Road” that is held in downtown San Bernardino each September; the Berdoo Bikes & Blues Rendezvous, held in the spring; the National Orange Show Festival,[44] a citrus exposition founded in 1911 and also held in the spring; and, the Western Regional Little League Championships held each August, as well as the annual anniversary of the birth of the Mother Charter of the Hells Angels Motorcycle Club, Berdoo California Chapter.

  • The 1928 California Theatre (San Bernardino), California Theater of the Performing Arts in downtown San Bernardino hosts an array of events, including concerts by the San Bernardino Symphony Orchestra, as well as touring Broadway theater productions presented by Theatrical Arts International, the Inland Empire’s largest theater company.[47]
  • San Manuel Amphitheater, originally Glen Helen Pavilion at the Cajon Pass is the largest amphitheater in the United States.
  • National Orange Show Festival The National Orange Show Events Center contains: the Orange Pavilion; a stadium; two large clear-span exhibition halls; a clear-span geodesic dome; and several ballrooms.
  • Coussoulis Arena in the University District is the largest venue of its type in San Bernardino and Riverside Counties.
  • Sturges Center for the Fine Arts, including the 1924 Sturges Auditorium, hosts lectures, concerts, and other theater.[48]
  • Children’s theater company Junior University presents musical performances at the San Manuel Performing Arts Center at Aquinas High School during the summer and in December.
  • The historic 1929 Fox Theater of San Bernardino, located downtown and owned by American Sports University, has recently been restored for new use.
  • The Lyric Symphony Orchestra in nearby Loma Linda, California presents concerts in the city and nearby communities.[49]

San Bernardino has received many informal nicknames in its history. Of these, San BerdooS.B.D.S.B.San B.DinoSan Bernas, and Berdoo[51][52] are the most common but are sometimes considered derogatory or undignified. Other, more official nicknames include Gate City[53] (to reflect its proximity to Los Angeles, and location at the southern and western end of the Cajon Pass, leading to the High Desert and Las Vegas, Nevada); The Friendly City;[54][55] City on the Move;[54] and, most recently, The Heartbeat of U.S. Route 66.[56]

Driving Directions from San Bernardino to Law Offices of James Dolenga

San Bernardino, California

Get on I-215 S
4 min (1.1 mi)

Take CA-91 W to S Western Ave in Los Angeles County. Take exit 38B from I-405 N
1 hr 8 min (69.9 mi)

Continue on S Western Ave. Take Torrance Blvd to Hawthorne Blvd
12 min (4.3 mi)


Law Office of James Dolenga

21250 Hawthorne Blvd

STE 500,

Torrance, CA 90503

Senior Information and Assistance

The Senior Information and Assistance Program provides information and assistance to help a senior citizen solve problems he or she may have. Clients are provided referrals to other agencies and assistance and advocacy in making contact with organizations and agencies for needed services and programs. Follow up and evaluation are provided to insure the client is receiving the needed services.

Field Offices are located conveniently throughout the county.

 

SENIOR INFORMATION AND ASSISTANCE FIELD OFFICES



Senior Information & Assistance Program

1-800 510-2020

Barstow SIA

(760) 256-3564

Morongo Basin/Yucca Valley SIA

(760) 228-5219

Needles SIA

(760) 326-9224

Rancho Cucamonga SIA

(909) 948-6235

San Bernardino SIA

(909) 891-3810

Victorville SIA

(760) 243-8459

Frequently Asked Questions About Medicaid, Medical, and Elder Law in San Bernardino

What is Elder Law?

Elder Law involves planning for the complex health care, long-term care, and other issues facing elderly and disabled individuals and their families. Studies show that we stand a 40 percent chance of needing long-term care at least once before we die. Therefore, everyone should take into account that at some point residency in a nursing home or an assisted living facility may be needed.

However, the substantial cost of nursing home care for an incapacitated person can wipe away a family’s nest egg and the inheritance planned for surviving family members. The primary alternative to privately paying the nursing home is Medicaid.

Medicaid Asset Protection Strategies

Although with the recent passage of the Deficit Reduction Act, increased restrictions affect the use of some techniques, other asset protection strategies remain viable, especially for married couples where one spouse requires long-term care. Some of these techniques may include setting up an Irrevocable Living Trust, making gifts to family members, and paying for certain Medicaid expenses.

Whether you are facing long-term care issues yourself or you have a family member who is, we encourage you to call with your questions or ask us for a free report. Be sure to call sooner rather than later because the timing of the decisions families need to make has a dramatic impact on whether or not someone can actually qualify for this type of support.

Elder Law involves planning for the complex health care, long-term care, and other issues facing elderly and disabled individuals and their families. Studies show that we stand a 40 percent chance of needing long-term care at least once before we die. Therefore, everyone should take into account that at some point residency in a nursing home or an assisted living facility may be needed.

However, the substantial cost of nursing home care for an incapacitated person can wipe away a family’s nest egg and the inheritance planned for surviving family members. The primary alternative to privately paying the nursing home is Medicaid.

Medi-Cal:

Medi-Cal is a joint federal and state program that provides medical assistance to low-income persons who are elderly, blind or disabled. However, unless you are among the minority who has long-term care insurance, most individuals contemplating paying thousands of dollars out-of-pocket every month for long-term nursing home care face the possibility of exhausting all available assets and using up their lifetime savings before being able to qualify for Medi-Cal. A qualified Elder Law Attorney can help your family by using a variety of strategies to help you qualify for Medi-Cal while preserving assets and savings for heirs.

Here’s How We Can Help

Paying for & Getting Nursing Home Care

  • Find the right nursing home
  • Create a plan to qualify for Medi-Cal benefits
  • Preserve as many of your loved one’s assets as possible
  • Apply for Veteran’s Benefits

Estate Administration

  • Probate of your loved one’s estate with a Will
  • Trust Administration of your loved one’s Living Trust

Incapacity Planning

  • Establish Guardianship

Click here to schedule your personal consultation or call us at (909) 726-9580.

Estate planning is essentially writing down your assets, who will be responsible for distributing or administering your assets in the event that you are unable to, due to incapacity or death, how you want or assets distributed or administered, and to whom you wish to leave your assets.

The assets involved in your estate can include more than just money. It can also include houses, cars, stocks, artwork, real estate investments, retirement plans, and gifts, just to name a few.

Your estate plan can direct these items be distributed outright, held in trust for a period of time, used for a specific purpose such as a grandchild’s education, or given to charity.

By having a well-written, customized estate plan, you can ensure that your wishes are carried out and your goals are achieved while protecting everything you worked for from family fights, creditors, and unscrupulous predators who may wish to take advantage of your family.

If you feel that you are no longer able to work because of physical and/or mental reasons, you may be eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) disability payments. To be considered disabled, you must be unable to perform any substantial work due to a physical and/or mental condition, which has lasted or can be expected to last for at least 12 months or can be expected to result in death.

SSDI eligibility is based on previous contributions to Social Security, and SSI eligibility is based on your income level.If you are found eligible for SSI payments, you may also qualify for State Supplemental Payments (SSP).

You may apply for SSDI or SSI at any Social Security office.If you have a child or children with a disability, you may also apply for SSI on their behalf.

What is Social Security Income (SSI)?

People who are disabled, blind, or elderly may not be able to work or afford to live on their own. If you can’t work, have no other sources of income, and have limited resources, you may be eligible for Supplemental Security Income (SSI).


The federal government created the SSI program to help people in this situation. Those who qualify for SSI benefits get monthly cash payments to pay for those basic needs. The SSI program is run by the Social Security Administration. In California, people who get SSI also get a smaller benefit from the State Supplemental Program (SSP) included with their monthly SSI benefit.

 
In California, people who qualify for SSI also get Medi-Cal benefits automatically.

Skip to content