Noteboom The Law Firm

Drawing VA Pension Means No More Medicaid For Some

In 1987, the class action lawsuit Mitson v. Coler resulted in a court-ordered permanent injunction preventing Department of Veterans Affairs (VA) pension beneficiaries living in nursing homes from obtaining Medicaid benefits. A recently filed federal lawsuit accuses the State of Florida of violating the permanent injunction by dropping VA pension beneficiaries from Medicare's long-term Care Diversion Program, and adding unneeded confusion to veteran's compensation programs.

The suit also seeks damages for past and present class members who have suffered injury due to the state's failure to adhere to the injunction as well as reinstatement in Florida's Medicaid program.

The suit plans to resurrect Mitson by having the Court prevent Florida's, then-existing, Department of Health and Rehabilitative Service (HRS) from using money received from VA pensions as income when considering applicants eligibility in the state's Medicaid program.
The list of qualifying class members could very well stretch into the thousands once investigation into the class begins. According to the lawsuit, Florida has been violating the injunction for at least the last 10 years by dropping people from Medicaid's long-term Diversion Program because their income is too high to qualify. Those income assessments, however, have erroneously included money received from the VA for medical expenses from such programs as the Aid and Attendance program.

If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, a South Florida disability attorney from LaVan & Neidenberg is ready to help. To learn if you are entitled to certain programs and benefits contact our veterans disability rights firm today - 1-888-234-5758.