I am Tom Freeland, a lawyer in Oxford, Mississippi. The picture in the header is my law office. I'm on Twitter as NMissC

Missing Posts: If you have a link to a post that's not here or are looking for posts from Summer of 2010, check this page.

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Your Tax Dollars SuperTalk Up a Storm. And they’re on Medicaid!

A read through the DarkHorseMississippi site has reminded me that, a few years ago, I did a post describing how the State of Mississippi had since 2004 spent over $6M advertising on SuperTalk radio. I got this information from a wonderful site called SeetheSpending, where you can search by government entity and vendor and […]

I am the #1 answer (of 84,000 pages) for a Google search. The question?

Is poke salad poisonous?

I tried to answer this question three years ago.

The post has drawn the interest of thousands, always peaking in the Spring.  It has also drawn comments from folks who have eaten poke salad or salat their whole lives with no adverse effects.

For a while my post about a […]

Quote of the Day

Once introducing himself to Bob Dylan at an L.A. party, Grant offered a warm handshake. “I’m Peter Grant, manager of Led Zeppelin,” he said. Dylan replied, “I don’t come to you with my problems, do I?” It was the only time I’d ever seen Grant at a loss for words.

Cameron Crowe

MidTown Farmers Market haul on Saturday May 16th

… and you can’t show up at 7:45 and expect any of Linda Boyd’s asparagus.  But I did get sugar snaps, romaine, English peas, new potatoes, squash, and more.

 

Courthouse Dress Code Advice from Itawamba County Youth Court

In our signs series, we’ve previously posted courthouse advice about the proper attire, the possibility that an amusement park (“Chancery Land“) was coming to DeSoto County, and a plea to cease using pennies in the courthouse coke machine.

Today, there’s more dress code advice, this time from the Justice Court building in Itawamba County, where […]

More speedy appellate court corrections (and, they seem to read ThusBloggedAnderson at the Court)

Folks may have been aware of the correction the United States Supreme Court ran the day after it had released a Scalia opinion that got important details of a prior Scalia opinion wrong.

Today, thanks to Anderson’s compulsively quick reading of Mississippi Supreme Court cases, and, perhaps to the fact that Anderson has at […]

Tornado or disaster relief legal issue: Medicaid eligibility and FEMA or insurance proceeds

I had a question from a client whose house was destroyed in the tornado in Tupelo; having found an answer, I thought I would place it here as a public service.

The client is on both Medicare and Medicaid.  For Medicaid eligibility, if she has more than $2000 in (unexcluded) cash on hand, she can become ineligible until it is spent.  She is going to receive payments, likely from FEMA and certainly from home casualty insurance and was worried it would effect eligibility for Medicare.

The answer is, to a great degree, it won’t.  The rules come from those for excluding assets for SSI.  First, FEMA payments are excluded where there has been a disaster area declaration.  That is as provided in 20 CFR § 416.1124, quoted below the fold. So those are funds I would use last, because there are no strings:  It is excluded for always.  Second, insurance payments for property that is cash (and interest on the cash) for replacing an excluded resource, such as one’s house or contents, is excluded if used to repair or replace the resource within nine months of the date the cash is received.  It becomes countable to the extent it is not spent by then or if any remains.  This nine months can be extended for good cause shown:

The initial 9-month time period will be extended for a reasonable period up to an additional 9 months where we find the individual had good cause for not replacing or repairing the resource. An individual will be found to have good cause when circumstances beyond his or her control prevented the repair or replacement or the contracting for the repair or replacement of the resource. The 9-month extension can only be granted if the individual intends to use the cash or in-kind replacement items to repair or replace the lost, stolen, or damaged excluded resource in addition to having good cause for not having done so. If good cause is found for an individual, any unused cash (and interest) is counted as a resource beginning with the month after the good cause extension period expires.

20 C.F.R. § 416.1232 (quoted more fully below).  This is why I said use the FEMA money last; it stays excluded.

An additional note:  I told the client to open a new account for the funds and document the source of each check.

Update:  Typed “Medicare” once where I meant “Medicaid” and have fixed that.

Continue reading Tornado or disaster relief legal issue: Medicaid eligibility and FEMA or insurance proceeds

Quote for the day

We are all sufferers from history, but the paranoid is a double sufferer, since he is afflicted not only by the real world, with the rest of us, but by his fantasies as well.

From Hofstadter’s original essay “The Paranoid Style in American Politics,” published in 1964 in Harpers.  Totally worth re-reading.  Brings to […]

An evil mom and her brat of a child

From a New York Times article by a woman who does a lot of air travel:

A child and his mother almost did me in once. I love children. Children are great. But recently I had the middle seat between a mother and her little boy. I thought it was strange […]

Chris Offutt selected for Best Essays of 2014

Oxford writer and Ole Miss writing prof Chris Offutt has been selected for Best Essays of 2014.  Congratulations!

From River Teeth, where the essay appeared:

Congratulations to Chris Offutt, whose essay “Someone Else” from River Teeth Volume 15, Number 1 will be reprinted in The Best American Essays2014. This year’s anthology is guest edited by John Jeremiah Sullivan. The series […]