Disabled man living in Minnesota on Medicaid wants freedom to invent and write

[Arhimidis]

I'm a severely disabled man living in Minnesota. I need a ventilator to breathe and require 24/7 nursing care. My only income is $400/month in SSI. I live with my mother, in her house and can barely pay my expenses. I can only own $2,000 in assets according to Medicaid rules. I am a very creative person that longs for freedom to create without the state taking away my medical care.

If I invent something and get a patent that my mother pays for, could I make her the assignee with no monetary compensation to me without violating any rules and/or laws? What about giving her a copyrighted, but unpublished manuscript that I write?

As far as I know, the monetary value of Intellectual Property can not be easily determined unless it is sold, licensed, or used to earn money in some way.

UPDATE:

At this point, I decided to not worry about it. I will talk with my case worker and discuss all the legal options available. Someone asked who would fund the patent. My mother would help fund it. That is why she would deserve to be the assignee. As long as it's legal, I'm not concerned about negative opinions.

I'll leave everyone with two thought provoking questions. Is mere survival all I should hope for? Does it sound fair for me to be limited to only $2,000 in assets?

Thank you all for the advice

 

[justalayman]

You can create all you want. Creating doesn’t mean you have to monetize it. If you do though and create a great enough income you get to purchase insurance just like the rest of us. There is no reason the citizens of the country should continue to subsidies your expenses if you can pay for them on your own. If you can make enough money with your creativity maybe you can get off all government assistance.

You won’t lose anything until your income exceeds the limits imposed so invent away.

 

[quincy]

I'm a severely disabled man living in Minnesota. I need a ventilator to breathe and require 24/7 nursing care. My only income is $400/month in SSI. I live with my mother, in her house and can barely pay my expenses. I can only own $2,000 in assets according to Medicaid rules. I am a very creative person that longs for freedom to create without the state taking away my medical care.

If I invent something and get a patent that my mother pays for, could I make her the assignee with no monetary compensation to me without violating any rules and/or laws? What about giving her a copyrighted, but unpublished manuscript that I write?

As far as I know, the monetary value of Intellectual Property can not be easily determined unless it is sold, licensed, or used to earn money in some way.

Inventions, and any patents that may issue from them, can be sold. Copyrights can be transferred. All will require written and signed transfer of rights agreements.

Ownership can be transferred from the inventor and anyone who has been assigned/sold rights to the invention can file a patent application as the applicant/owner. But the inventor (you, in this case) will have to submit a declaration and you will be noted as the inventor.

Copyrights can be transferred through a written and signed transfer agreement.

All transfers need to be recorded.

Compensation can be whatever is agreed upon.

Good luck.

 

[xylene]

You can create all you want. Creating doesn’t mean you have to monetize it. If you do though and create a great enough income you get to purchase insurance just like the rest of us. There is no reason the citizens of the country should continue to subsidies your expenses if you can pay for them on your own. If you can make enough money with your creativity maybe you can get off all government assistance.

It is quite possible to earn enough be formulaicly disqualified without being able to afford care or even private (or aca) coverage, something with the law in flux may not or may not soon be possible for someone with a preexisting condition. I'm sure someone with your regard for the taxpayers would be aware of this, as it discourages many thousands perhaps millions of disabled American people from seeking economic participation.

I think you aught to consider how ableist you sound to suggest that those on disability should role the dice with protections for preexisting conditions on the chopping block.

 

[quincy]

Arhimidis, you should be able to write and invent without worry.

I recommend you seek out a legal professional in your area for help in drafting all agreements - and your mother might need or want legal assistance in filling out any patent application.

 

[stealth2]

Something else to bear in mind.... depending on your mother's age/health, you want to be careful of shutting her out of the ability to qualify for Medicaid. And yes, elderly often need to rely on Medicaid to get care - Medicare doesn't cover all needs.

 

[commentator]

Invent something that sells, catches fire, and you really won't need to worry about health care expenses too much. I don't think your mother will be shut out of anything by your becoming a really wealthy person, and if she did, you could help her. But it sounds like this is all sort of in the dreaming stages right now anyhow, so it's a moot question. When you come up with this idea or program or creation, and you're ready to patent it, market it, whatever, then you can seek legal assistance in patenting anything or marketing anything. Don't use this as an excuse to stop dreaming up ideas and trying for that big idea. But try not to worry until you're much closer than now.

 

[justalayman]

It is quite possible to earn enough be formulaicly disqualified without being able to afford care or even private (or aca) coverage, something with the law in flux may not or may not soon be possible for someone with a preexisting condition. I'm sure someone with your regard for the taxpayers would be aware of this, as it discourages many thousands perhaps millions of disabled American people from seeking economic participation.

I think you aught to consider how ableist you sound to suggest that those on disability should role the dice with protections for preexisting conditions on the chopping block.

He said he wants to invent and write. One doesn’t have to monetize the activities. If one wants to make money inventing and writing, then they need to inderstand that at some point they may actually earn their way off their benefits. I do take offense when people want to earn money and hide it. It’s called fraud.

So what happens with the money mom earns from the writing or inventions. Does op actually expect us to believe it is totally altruistic and op isn’t going to benefit from the writing or inventions?
As to being ableist? Not even close and it has nothing to do with the issue.

On top of that, by transferring the writing or inventions, if they are able to create an income that would remove op from the welfare rolls is op is proving they are not disabled. A person on ssi or ssdi can be retrained and no longer classified disabled (for ssi or ssdi purposes) if they can change careers and create a income.

I’m sorry if all of you see me as without sympathy. It really isn’t true. My point is why should a person be able to earn enough to be taken off the welfare rolls but because they are disabled, people think it’s ok they hide their earnings. What if a poor person did this same thing and transferred the ownership so they wouldn’t be seen as earning from them so they could keep their food stamps and varies assistance programs?

Like I said; if they don’t really want to use their writing or inventions to make money this entire discussion is moot.


And one benefit of the ACA is the insurance providers cannot refuse coverage or charge more because of preexisting conditions.

 

[quincy]

I understand what you are saying, justayman. But your concern does not address the question asked.

Most writings and most inventions will not make for the writers or inventors enough money for there to be a worry about loss of benefits anyway.

 

[justalayman]

Most writings and most inventions will not make for the writers or inventors enough money for there to be a worry about loss of benefits anyway.

And that, to me, is another reason to not do things that he may have to explain later, to a person that now has a suspicious eye.

 

[stealth2]

Invent something that sells, catches fire, and you really won't need to worry about health care expenses too much. I don't think your mother will be shut out of anything by your becoming a really wealthy person, and if she did, you could help her. But it sounds like this is all sort of in the dreaming stages right now anyhow, so it's a moot question. When you come up with this idea or program or creation, and you're ready to patent it, market it, whatever, then you can seek legal assistance in patenting anything or marketing anything. Don't use this as an excuse to stop dreaming up ideas and trying for that big idea. But try not to worry until you're much closer than now.

commentator - s/he doesn't want to do that - s/he wants to let Mom get the financial benefits so s/he doesn't lose his/her medical assistance, My point is that s/he should bear in mind that doing so may cost Mom assistance if the invention/whatever earns enough to bump her over the threshhold, but not provide enough to really help her/them.

 

[LdiJ]

He said he wants to invent and write. One doesn’t have to monetize the activities. If one wants to make money inventing and writing, then they need to inderstand that at some point they may actually earn their way off their benefits. I do take offense when people want to earn money and hide it. It’s called fraud.

So what happens with the money mom earns from the writing or inventions. Does op actually expect us to believe it is totally altruistic and op isn’t going to benefit from the writing or inventions?
As to being ableist? Not even close and it has nothing to do with the issue.

On top of that, by transferring the writing or inventions, if they are able to create an income that would remove op from the welfare rolls is op is proving they are not disabled. A person on ssi or ssdi can be retrained and no longer classified disabled (for ssi or ssdi purposes) if they can change careers and create a income.

I’m sorry if all of you see me as without sympathy. It really isn’t true. My point is why should a person be able to earn enough to be taken off the welfare rolls but because they are disabled, people think it’s ok they hide their earnings. What if a poor person did this same thing and transferred the ownership so they wouldn’t be seen as earning from them so they could keep their food stamps and varies assistance programs?

Like I said; if they don’t really want to use their writing or inventions to make money this entire discussion is moot.


And one benefit of the ACA is the insurance providers cannot refuse coverage or charge more because of preexisting conditions.

When one is truly sick, and needs expensive medical care (like being on a ventilator) the thought of losing or not having the medical care is terrifying. I have been there, and its truly terrifying. Luckily I recovered.

You perhaps have never been in that situation, so you cannot imagine being in that position.

 

[quincy]

And that, to me, is another reason to not do things that he may have to explain later, to a person that now has a suspicious eye.

Fair enough.

Nothing prevents Arhimidis from transferring his rights in whatever he creates, though - for no dollars or for a billion dollars or for somewhere in between, to his mother or to a corporate entity or to someone else - just as nothing prevents him from writing and inventing and then stowing his creations in a trunk in the basement, either.

He does not, in other words, have to benefit financially from what is created There are legal ways to avoid making money (in fact, many have made this an art ).

 

[justalayman]

When one is truly sick, and needs expensive medical care (like being on a ventilator) the thought of losing or not having the medical care is terrifying. I have been there, and its truly terrifying. Luckily I recovered.

You perhaps have never been in that situation, so you cannot imagine being in that position.

i can understand the fear.


What does that have to do with concealing earnings? They are two totally different issues.

 

[quincy]

i can understand the fear.


What does that have to do with concealing earnings? They are two totally different issues.

It is not concealing earnings if nothing has been earned before a for-free transfer of rights.

For example, there are a number of artists who donate potentially-valuable works they create to the public domain. Nothing wrong with that or with Arhimidis' proposal.