Experts Specializing in Medicaid, Medicare, VA & Social Security
Benefits
as well as estate and asset protection planning
The law firm of Riffel, Riffel & Benham, PLLC (“Law Firm”) represents Senior Resources & Benefits, LLC (“SRB”) in all legal matters. The Law Firm is an Oklahoma professional limited liability company with a broad practice in both transactional representation and litigation. Its attorneys have over 100 years of combined experience.
The Law Firm has a very unique benefit and benefit planning practice involving the areas of Medicaid, Medicaid planning, Medicare, Social Security Disability and Veteran’s benefits. Its attorneys are also very fluent in estate planning, asset protection planning, trusts, trust administration, wills, probate, limited liability companies, partnerships, corporations, and business sales and acquisitions.
Benefits and benefit planning is not the Law Firm’s only focus. Its attorneys also practice in the areas of banking, bankruptcy, debt workouts, debt collections, business law, contracts, commercial law, guardianships, conservatorships, real estate, wind law, pharmaceutical law and business evaluations.
The Law Firm has a very strong litigation practice involving trial litigation, personal injury, products liability, insurance defense, contract disputes, bank litigation, family law, criminal law and general civil litigation. It routinely represents clients in both state and federal courts. The Law Firm has received numerous favorable decisions in Medicaid cases. Some of the more notable cases are as follows:
Morris v. Okla. Dep't of Human Servs., 685 F.3d 925 (10th Cir. 2012). Medicaid planning is a legal and acceptable practice. Medicaid qualified annuities can be used to shelter assets from being spent in qualifying for Medicaid benefits.
Gragert v. Lake, 541 Fed. Appx. 853 (10th Cir. 2013). Not all assets are countable resources subject to being spent in qualifying for Medicaid benefits. Medicaid qualified promissory notes can be used to shelter assets from being spent in qualifying for Medicaid benefits.
Rose v. Brown, 14 F.4th 1129 (10th Cir. 2021). Medicaid planning is a legal and acceptable practice. Medicaid qualified promissory notes can be used to shelter assets from being spent in qualifying for Medicaid benefits.
Harper v. Okla. ex rel. Okla. Dep't of Human Servs., 2011 U.S. Dist. LEXIS 157628 (W.D. Okla. Mar. 22, 2011). A Medicaid qualified promissory note does not create a transfer penalty when given immediately before filing for benefits, is not a countable resource and can be used to shelter assets when applying for Medicaid.
Hauenstein v. Okla. ex rel. Okla. Dep't of Human Servs., 2011 U.S.. Dist. LEXIS 54357 (W.D. Okla. May 19, 2011). The assets in a Medicaid qualified trust are not countable resources and protected when applying for Medicaid.
Lemmons v. Lake, 2013 U.S. Dist. LEXIS 39030 (W.D. Okla. Mar. 21, 2013). A Medicaid qualified promissory note is not a countable resource, is not a trust-like device, does not incur any transfer penalties, is not a sham transaction and can be used in protecting assets when applying for Medicaid.
Shanks-Marrs v. Lake, 2013 U.S. Dist. LEXIS 188627 (W.D. Okla. June 14, 2013). The reasonable promptness standard requires Medicaid agencies to process Medicaid applications within 45 days.
Gragert v. Hendrick, 2014 U.S. Dist. LEXIS 8771 (W.D. Okla. Jan. 24, 2014). A Medicaid qualified promissory note is not a trust-like device and can be used to protect assets when applying for Medicaid.
Peterson v. Lake, 2014 U.S. Dist. LEXIS 89674 (W.D. Okla. June 30, 2014). A Medicaid qualified promissory note is not a countable resource and can be used to protect assets when applying for Medicaid.
Frantz v. Lake, 2014 U.S. Dist. LEXIS 116916 (W.D. Okla. Aug. 22, 2014). A Medicaid qualified promissory note is not a countable resource and can be used to protect assets when applying for Medicaid.
