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Income Cap

Medicaid in Oklahoma has two financial eligibility requirements: Have less that $2,000 of countable assets and less than $2,313 (in 2019) of gross monthly income. The $2,313 is an “income cap.” “Income” for DHS is gross income. Example: $2,385.00 of gross income with $134.00 withheld for Medicare results in a net social security check of $2,251.00. So, DHS requires the use of the Income Trust because the “ gross” income is over the income cap. So, deductions for health insurance and taxes from your income are not considered for the income cap. Fortunately, in many cases, you can use a very special trust called an Income Trust (also known as a Miller Trust) to legally solve the problem of too much income. Federal law 42 U.S.C.§1396p(d)(4)(B). Unfortunately, DHS also has a cap on the amount of gross income for the use of the Medicaid Income Trust ($4,585 as of 1/2019). There may be legal methods to avoid this cap. If you have been told that your gross income is over the maximum, and there is not way to qualify for Medicaid, do not give up. Seek advice from a lawyer knowledgeable about Medicaid.