VA Pension Beneficiaries Erroneously Removed From Medicaid Rolls

The Miami Herald has reported on a federal lawsuit that may have serious impact on Veterans Administration pension beneficiaries who’ve been wrongfully denied Medicaid.

The Herald story cites plaintiff Irene Czajkowski, the widow of a veteran, as an example of what has spurred the suit. The woman recently found out her fixed income of $20,000 per year makes her “too rich” to be eligible for Medicaid assistance. 

Czajkowski, a resident in a St. Petersburg, Florida nursing home, recently learned from the Department of Children and Families (DCF) she was going to be removed from Medicare’s Diversion program for long-term care.

Czajkowski’s story is just one of many. According to a recently filed lawsuit in federal court, removing individuals like Czajkowski from Medicaid is a “violation of a 1987 injunction spurred by the lawsuit Mitson v. Coler.Florida has refused to comply with the permanent injunction put into place, and that is negatively affecting class members.

The lawsuit is not only seeking to have all wrongly removed class members reinstated into Medicaid, but is looking for damages for those who have been denied benefits by the state in the past. Further, the lawsuit seeks to have Czajkowski appointed the representative for the class, and is seeking “an order to show cause why the defendants should not be held in civil contempt.” There are potentially thousands of class members in Florida.

 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 Veterans Help Group is ready to help. To learn if you are entitled to certain programs and benefits contact our veterans disability rights firm today 1-855-855-8992.