Medicaid vs. Russian Pension

In this article, I will share an example of how the enforcement of Russian pension law can interfere with Medicaid coverage for immigrant families.

This story is about a married couple who immigrated to the United States in 2001. They are naturalized U.S. citizens, and they each received a Russian pension every quarter that amounted to about $350 U.S. dollars each month. To meet the pension requirement, they made routine trips to the Russian Consulate in New York to present an annual proof-of-life certificate. However, the couple both started having health problems that delayed the trip repeatedly and when the COVID-19 pandemic hit they were unable to travel entirely. Their last pension payment was in 2020, and they were not informed of how to continue the pension other than going in person to the consulate. This couple had also fallen into financial hardship. They lived very frugally and depended on family to support them. They did not pursue any legal action through power of attorney to pursue the continuation of the pension, not knowing that this was an option for them.

Today, the husband lives in a nursing home and is seeking government benefits (Medicaid) to help defray the cost of that residence and care. His failure to pursue the continuation of his pension has resulted in various problems.

His family addressed me with the following questions:

1. Was it even possible to continue the pension during the COVID-19 pandemic, and if so, what were there challenges to the process?
2. If the couple had pursued the power of attorney, how lengthy a process would that have been and how much would it have cost?

The couple is trying to prove either of the following cases: (1) that pursuing the pension was an encumbering and cost-restrictive process during the pandemic, or (2) that the cost of seeking an attorney pursuant to Russian law was too prohibitive for them. In the best-case scenario, they would argue that it was futile to attempt this process during the pandemic.

Now, they are wondering if any changes have been made to the pension policy due to the conflict between Russia and Ukraine. Will it be harder, or even impossible, to usher through the power of attorney under these circumstances?

I have to agree that COVID-19 has made the life of many retirees very difficult. Just yesterday, many of us regularly traveled to Russia to personally resolve multiple issues, including withdrawing and spending money. If necessary, we would visit the Russian notary in Russia to notarize any necessary documents. As an alternative, we could go to the Russian Consulate in the USA. Not as many people know about the opportunity to issue the Power of Attorney by an American notary with an apostille.

Undeniably, COVID has changed our lives. Many of us have not been able to return to Russia since the pandemic began. Do these circumstances terminate the pension? The answer is yes if you decide to not take action. How difficult is it to attain an annual proof-of-life certificate without an appointment at the Russian consulate? Not difficult if you contact our office, despite your place of residence. But if you do not know about us, and have no opportunity to visit the Russian Consulate, this process may be unsuccessful for you.

On the question of fees: I understand that many people receive the annual proof-of-life certificate through the Russian consulate. This process is free. If applicants are unable to travel or present in person for this option, they will need to pay for the services of a private, third-party company. We provide such services on a turn-key basis, including notary services, legalization, and mailing to Russia. Arranging this process on your own can be a challenge, which is why we are here to help.

Up until recently, a person unable to visit Russia to receive a pension could receive one in the United States using Visa or Mastercard. Our office assisted pensioners with obtaining a Visa or Mastercard and linking it to a pension bank account. However, since February 24, 2022, Russian cardholders have not been able to use Russian cards in the U.S. The only alternative in this current situation is to receive your pension by Power of Attorney. If your goal is to prove that you were unable to receive a pension under any of these circumstances, I can familiarize myself with your particular situation and provide my professional opinion based on your background, geopolitical situation, disabling SWIFT, and other relevant factors