The Pennsylvania Statement of Claim is a legal form used to initiate a civil lawsuit in the courts of Pennsylvania. It is a required document when filing a claim in the Commonwealth of Pennsylvania. The Statement of Claim includes the plaintiff's name, address, and contact information, the defendant's name, address, and contact information, a description of the dispute, the relief sought, and the plaintiff's signature. The Statement of Claim must be filed with the court that has jurisdiction over the case. There are two types of Pennsylvania Statement of Claim: the Complaint and the Counterclaim. The Complaint is the primary form used to initiate a lawsuit and is typically filed by the plaintiff. The Counterclaim is used to respond to a Complaint and is typically filed by the defendant.
Pennsylvania Statement of Claim
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How to fill out Pennsylvania Statement Of Claim?
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The law requires every state to try to get back the money that the state pays for someone's Medicaid benefits. The state can then use this money to pay for long-term care for other people. For instance, suppose Pennsylvania pays $100,000 from Medicaid for a person's care.
Essentially any estate worth more than $50,000, not including real property like land or a home and other final expenses, must go through the probate court process under Pennsylvania inheritance laws.
A request for a statement of claim is sent by certified mail, return receipt requested to the Third Party Liability Section; Department of Human Services; Estate Recovery Program; P.O. Box 8486; Harrisburg, PA 17105-8486. Notice may also be sent to the Department via facsimile transmission at (717) 772-6553.
To file a claim against the state of Pennsylvania or one of its agencies, a plaintiff must deliver written notice to the relevant government office within six months of the injury occurrence. All claims directed at the state should go to the current attorney general.
The Estate Recovery Program allows the Commonwealth to recover Medical Assistance payments made on behalf of an individual who received long-term care Medical Assistance including nursing facility, Home and Community Based Services (HCBS) and related services from the time they turned 55 until their passing.
Pennsylvania's Estate Recovery Program can only reach probate assets; any non-probate assets?retirement accounts, jointly-owned property by the decedent and another, and life insurance policies paid directly to a beneficiary?will transfer outside of the estate recovery process.
How to Avoid Medicaid Estate Recovery in Pennsylvania Life insurance Policies.Joint Bank Accounts.Assets in Trust.Reparations Payments to Special Populations.Work with an Elder Law Attorney to Make Exempt Transfers During Lifetime.Caregiver Exception Can Avoid Recovery Against House.