• Report: #1066214

Complaint Review: Schoharie County Court

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  • Submitted: Thu, July 11, 2013
  • Updated: Thu, July 11, 2013

  • Reported By: timetostopcorruptgoverment — Richmondville New York
Schoharie County Court
Main Street Schoharie NY 12157 Schoharie, New York USA

Schoharie County Court Hon. Judge Bartlett Schoharie County Commissioner: Brady: 0Schoharie County Attorney : Frank Tedeschi County officials go after elderly man after 10 years of his mothers death to reimburse medicaid nursing home fees; first agreement of 45,000 dollars, no lien on previous house, but now Schoharie county has put a 100,000 judgement against their house in South Carolina Schoharie New York

*General Comment: Follow-up

*General Comment: Hi

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Is it legal to go after someone after 10 years to get reimbursed for medicaid expenditures while someone was in a nursing home?  To repay a debt is all fine and dandy, however Schoharie county let this debt go for ten years before contacting the next of kin.  There were properties listed in the Mom's name that were turned over to the son. 

Schoharie county never alerted mehat there were monies due to the county? - until about 10 years after mom had died.  There were no liens on the houses.  I sold my houses - one in Summit and the other in Richmondville - both with a clean bill of sale.  Then Schoharie county tells me I should have known there was money owed to them (Specifically Judge Bartlett). (Did Schoharie county or the State of New York medicaid cover the costs?)  Either way - since the Judge told me there was no alternative that the money was owed and that's that - we agreed to a 45,000 lien on my house that I bought in South Carolina.  Since I am dying with cancer, my wife and I are sick over the fact that we just found out that Schoharie county put a 100,000 dollar lien against my house in South Carolina. 

How is this possible?  We have court papers with agreeance of 45,000 - and now they say $100,000?  Does that mean that the Judge, the Commissioner and the Attorney get to split and pocket the difference?    I suppose that there isn't any statue of limitations on getting their reimbursement, but why did they wait 10 years to identify there was money owed, number one and number two, how can there be a court agreement of 45,000 to be paid back and a lien for $100,000?  Is there any checks and balance or recourse of action that I can take?  This seems wrong to me and I'm sure I'm not the only person this has heppened to in this County.


This report was posted on Ripoff Report on 07/11/2013 11:04 AM and is a permanent record located here: http://www.ripoffreport.com/r/Schoharie-County-Court/Schoharie-New-York-12149/Schoharie-County-Court-Hon-Judge-Bartlett-Schoharie-County-Commissioner-Brady-0Schohar-1066214. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 General Comment

Follow-up

AUTHOR: Jesse F. - ()

I'm shooting from the hip here (I apologize for my lax mannerisms) and I have to make a point that I am not an attorney and you should contact a professional. Sorry if my previous post was unclear, I'm not feeling well right now.

One of your questions is do you owe Schoharie; yes and no. New York State medicaid pays for it, and it's not something directly affiliated with Schoharie's budget (to my knowledge). But after OBRA '93, it forced all states and counties to recover medicaid claims and they're actual penalities to the county / state if they don't pursue these claims, as far as I can gather.

With that said, what I'm confused about is when did they first make medicaid claims? Did you make an agreement for $45,000 10 years ago but never paid it and now they're pursuing at $100,000 or did they only make a claim recently (Agreed to $45,000 and then suddenly went after $100,000). 

I believe if you sold the houses with a clean bill of sale, prior, there is nothing they can do. The claim by Judge Bartlett is erroneous and rude as attorneys tend to struggle understanding medicaid claims, excusing the mind fuck for non-professionals like you and I; I sympthesize with the concept that ignorance doesn't excuse you from the law, but something like this is fairly abstract and isn't a moral dilemma like stealing or murder. If the home in South Carolina is the elder's real estate and was transferred to you, there is a lot of ways they can put a lien against the house.

But from my understanding, you sold all real estate in Schoharie and bought a house in another state. A questionable point is whether you sold the residences within 7 months of your mothers death; in that rare case, with estates at least, you can be penalized for distributing the estate prior to paying back Medicaid debts. Whether that limitation applies to real estate, it is unclear; I don't know if that turns the real estate into monetary estate or not (I mean it obviously physically does, but I don't know if it does legally).

Undue hardship may be another claim on your part given you're disabled (Assuming Cancer is a disability); losing your home would be absolutely inhumane to someoen in your condition. With that said, every state is different. The biggest claim with this is whether the home(s) (which you sold) is your life blood (e.g. losing a farm would affect your ability to work), but that obviously isn't the case here. But I am aware in other states that you can get a waiver based on disability, provided you're living in the home. The issue here is that you sold the homes, so I have little idea how that would work in your particular case.

With that stated one question I think you should raise with an attorney, is whether the claim should be in SC or NY; push for the one that benefits for you if a choice is possible. Alternatively, attempt to negotiate with Medicaid directly, versus the court system (They can make deals based on your circumstances, as far as I can understand).

Regardless, I can say positively what Schoharie is doing is morally wrong (to me) and ethically questionable. Whether it's legal or not isn't entirely clear without more information. Off the hip, your best bet is to do validate the time of death and see if it's greater than 10 years before what they pursued. If it was later than 10 years, as far as I understand estate is exempt. The questionable aspect is the 7 month thing I mentioned and real estate, but they failed to make those claims in advance. Legally, I think you have a really strong case against paying any money but you should talk to a professional about this. Definitely investigate the 10 year statute of limition and your ability to make a undue hardship claim (meaning you should pursue a waiver based on the unique circumstances for yourself). 

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#2 General Comment

Hi

AUTHOR: JF - ()

I actually ran into similar issues, but it had to due with a lump sum. Did you receive a lump sum by any chance? If it has to do with a lump sum, it depends on the type of legal agreement from the lump sum (e.g. if it was specifically for medical stuff, then that is the only time they can make a claim to pay back Medicaid). The federal regulation is plain as day and easy to follow if you want me to link it, if yours has anything to do with lump sums (but it doesn't appear to be). They actually attempted to recover Medicaid costs from me back to when I was 1 years old (and had no choice of whether I had medicaid or not), which I found really strange. This is Schoharie by the way I'm talking about, I can't speak about the ethics of other counties.

Can you explain how the Judge stated that you have to pay it and that is that? I ask this because if he was suggesting you not fight the claim, that is actually a misconduct on his part (He's not allowed to give legal advice, excusing pro se [If you were defending yourself, and did not have an attorney]; he can only maintain judgements). I ask because he has a history of making light threats to people, that they're going to lose if they pursue anything.

http://www.estateandelderlaw.net/Articles/LienRecovery.pdf

This may help in regards to your particular issue. I'm sorry no one has responded to you yet. I'm not an attorney I'll note, so everything you need to pass by an attorney for verification. You can get in touch with me at:

https://www.facebook.com/pages/End-Schoharie-DSS-Corruption/330016507120213

Just send a message and give some background on it and I'll see what I can dig up about it. I'll read around to see if I can get a better idea, but my basic suggestion is for you to get the date exactly, as there appears to be a 10 year rule that may have saved you (If it's been later than 10 years, then you're safe; they can't do a damn thing about estate liens, based on what I've read. At least in regards to the estate, real property [which appears to be your case] is different and I need to evaluate more in-depth).

Basically though, I'm curious why they're even attempting a recovery. Also do you have a copy of the original agreement for $45,000 (I know you said you had court papers, but want to just verify you have a physical copy)? I'll pass this by my attorney and maybe forward you to her if she's familiar with Medicaid law (they're medicaid specific attorneys, because the government makes it a fairly chaotic system). Seems strange to pursue something after a person's death. But yes, you're sadly in a den of thieves (for lack of a better reference) and their attempts at this are pretty common.

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