If you receive a discontinue notice from Medicaid because your income is higher than $2,163 and you have already sent your Miller Trust documents to FSSA, you must appeal the decision. Note:
- Your benefits will continue during the appeal.
- You have a right to a hearing.
- The notice you receive from Medicaid will give you the address to send your appeal.
- The letter should contain your signature and state that you want a hearing.
- You have 10 days from the date of the notice (or 13 days if the notice was mailed) to appeal.
- During the appeal you should be able to establish the existence of the Miller Trust and there should be no lapse in your benefits.
If you failed to establish the Miller Trust and submit the documentation to the FSSA before June 1, 2014 you can still appeal and work on establishing the trust during the appeal. The FSSA has information about Miller Trusts here.