When entering a nursing home, you will not lose your Social Security. However, if you also receive Supplemental Security Income (SSI), it may be reduced. Your Social Security is an important part of your financial security, so it’s understandable to be worried about it.
If you have not been receiving your checks or believe that your nursing home (or a staff member there) has been financially abusing you or a loved one, a Los Angeles nursing home abuse lawyer from Omega Law Group Accident & Injury Attorneys can help.
Will You Lose Your Social Security If You Go Into a Nursing Home?
No, you will not lose your Social Security benefits if you go into a nursing home. However, in some cases, the amount of Social Security monthly benefits may be reduced. It’s important to note that if you are paying for the nursing home through private insurance, then your benefits will not be reduced.
If you use Medicaid to pay for a nursing home, then the majority of your Social Security monthly payments will go toward your housing and care. However, you will still receive a “personal needs allowance” for buying anything you need during the month.
Unfortunately, residents of nursing homes can be the targets of financial abuse. If this has happened to you or a loved one, a Los Angeles personal injury lawyer from Omega Law Group can help.
What Is Financial Abuse at Nursing Homes?
Financial abuse at nursing homes can occur in a few ways. It may also come alongside emotional or physical abuse, or negligent conditions throughout the facility.
Financial abuse can involve:
- Theft of valuables or money from a resident’s belongings.
- Using a resident’s credit or debit card for personal use.
- Overcharging for care, double billing, or charging for services (such as medical procedures) that were never rendered.
- Coercion or fraud that uses a resident’s personal information for financial gain.
Financial abuse can often be a sign of other forms of abuse or neglect taking place. For example, if a resident is being coerced, it might be under the threat of physical violence. Or, if a resident’s belongings are being stolen, it could mean that the facility is overcrowded and understaffed, so proper security measures are not being taken.
When abuse or neglect occurs, Omega Law Group can help you seek financial accountability from at-fault parties.
How Can a Nursing Home Abuse Attorney Help?
If you or a loved one has been abused at a nursing home, a lawyer can help hold at-fault parties to account. Your lawyer will seek fair compensation for losses and will handle every step of the legal process.
They can:
- Investigate the abuse to gather evidence supporting the claim.
- Determine all liable parties, including whether the nursing home administration was negligent.
- File all needed paperwork, ensuring accuracy and timely filing.
- Handle all communications with the other parties involved.
- Negotiate for fair compensation that covers the full scope of your losses.
- Represent your case in court, when necessary.
Your lawyer will also ensure you feel supported and understand what’s happening with your case.
How Much Does a Nursing Home Abuse Lawyer Cost?
The legal team at Omega Law Group works on a contingency fee basis. There are no upfront costs to clients. Instead, attorney’s fees are only paid if and when compensation is recovered.
What Compensation Can Be Recovered in Nursing Home Abuse Cases?
The compensation you may be entitled to depends on the circumstances of the case. For example, if physical abuse or medical neglect occurred, then medical expenses may be included in the recoverable compensation. If emotional and financial abuse occurred, then emotional distress may be a compensated loss.
Potential recoverable losses include:
- Medical expenses.
- Restitution for financial losses, such as stolen Social Security checks.
- Pain and suffering.
- Emotional distress.
- Relocation fees, if you or a loved one needs to be transferred to a new nursing home for safety.
What Is the Deadline for Nursing Home Abuse Cases?
In California, the general deadline for personal injury or nursing home abuse lawsuits is two years. However, there are exceptions to this, so it’s always best to discuss the expected timeline with your attorney.
Additionally, moving quickly on your case can be helpful for preserving evidence that is needed to support your case.
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Tips for Preventing and Spotting Abuse in Nursing Homes
Nursing homes are expected to be safe and provide compassionate care to elderly or disabled loved ones. However, abuse and neglect can occur at even the safest-seeming facilities. Knowing the signs to look out for can help prevent abuse in nursing homes.
The warning signs of abuse include:
- Financial discrepancies, such as unexpected transactions on a credit card statement or missing Social Security checks.
- Increased anxiety, depression, or fearfulness.
- Physical injuries, such as unexplained bruises or wounds.
- Unexplained weight loss.
- Unsanitary or hazardous living conditions.
- Updates on health or well-being that seem to conflict with what you’re seeing or feeling.
If you believe a loved one is in danger of abuse, reach out to the management at the nursing home facility or to California’s Department of Aging to report elder abuse or neglect. Omega Law Group can help with the next steps as well.
Contact a Los Angeles Nursing Home Abuse Lawyer Today
Will you lose your Social Security if you go into a nursing home? No, but you may see a reduced monthly amount if Medicaid is paying for the nursing home. If you or a loved one are missing monthly payments, or suspect other forms of nursing home abuse or neglect, reach out to Omega Law Group.
Our legal team can handle every aspect of your case with dedicated and compassionate legal services. Contact us today to schedule a free consultation.
