Many people have questions about social security especially when it comes to retirement and Medicaid. In most instances to collect Medicaid or get help from Medicaid you have to be at the poverty level. However many people worry about their home, and wonder whether social security can place a lien on their home.
Be Honest to the Social Security
There really is no reason to worry so long as you have been truthful in all of your answers. The only time that social security can place a lien against your home is if you received benefits which were incorrectly paid to you, or if you no longer live in the home. For instance, if you received benefits, and were working but stated that you weren’t, then social security can place a lien on your home in order to recover the over payment.
When You No Longer Live in the Home
Another reason why Social Security could place a lien against your home is if you are in a long term care facility and it is known that you probably will not be returning to your home. When referring to long term care facility we mean a nursing home or an intermediate care facility, or a medical institution.
No Lien If You Return Home
If you are in a nursing home but plan on returning home then you must demonstrate medical evidence that you will be able to return in the near future. Any lien placed on your home will dissolve should you return home.
No Lien When Your Spouse Lives in the Home
If your spouse continues to live in the home, or if you have children under 21 in the home, or children who are blind or disabled, then a lien cannot be placed on the home.
Joint Home Ownership Prevents Lien
When you own the home in conjunction with a sibling and that sibling has been living in the home at least nine months prior to your going into a nursing home facility, then social security cannot place a lien on the home either.
Seek the Help of a Professional
When dealing with social security issues it is important that you know your rights and that you seek the help of an attorney that specializes in elder care.