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Covered California and Obamacare related questions from consumers, employers and agents are answered by Phil Daigle with the best information available at the time. Archived entries may no longer be accurate as the Covered California and Obamacare knowledge-base is evolving quickly. TO REQUEST A PERSONAL RESPONSE INCLUDE EMAIL ADDRESS.

Affidavit as Proof of income?

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Question: I have just opened up a new law office. I worked for an attorney for 13 years and would Gross over $200,000 per year. The practice is Social Security Disability appeals. The covered California said I cannot prove my income and must go on Medi-Cal. I do not want to do that. They gave me 90 days to appeal Any suggestions would be much appreciated. I do have three cases that are scheduled for hearing. I believe I will make $20,000.00 net after my first year as a solo practitioner. Thank you in advance for any help you can offer me.

Answer: While you are getting your business started, the common forms of proof-of-income may not available to you. You can submit an Affidavit - a signed and dated statement with the word "Affidavit" on top - explaining how much income you can expect to make and how you will earn it 2016.


Phil’s response is good. But you should still file the appeal for a hearing. If you have any health concerns, you can request an “expedited” appeal. Without being expedited, however, you can expect it to take 90 days to get a hearing date, which will be even further down the road. i assisted one of my clients with her involuntary shove into Med-Cal last summer and handled the hearing on her behalf.

We filed the appeal by phone directly with the CA Dept of Social Services in early June, and the hearing was in October 6, with a decision issued about 10 days later (although the outcome was known at the time the hearing concluded). But LA County DPSS deliberately dragged its collective feet on complying with the decision in favor of my client and she wasn’t back in a heatlh plan until December 1. Stuck in Medi-Cal from April 1 to Dec 1 all because some unknown employee at LA Co DPSS unlawfully altered the application I submitted for the client.

My recommendation, if you don’t want to be forced into Medi-Cal while you wait for a hearing is to purchase health insurance off the exchange, foregoing the premium tax credits. As a self- employed person, you could end up the year with income over the 400% FPL limit and ineligible for credits anyway. Once your hearing is decided, if in your favor, you would still have an opportunity to reenroll through the exchange in order to be eligible for some APTCs before the end of the year to help cover the cost.

Feel free to contact me to discuss the matter. I provide expert witness services in other forms of insurance litigation.

Why not just go direct to ANY Insurance Company and stay out of Covered CA?

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