The Top 10 (NOT; Actually, The Top 15) New Jersey Elder And Disability Law Cases in 2009
2009 was an exciting year of litigation in the elder and disability law arena, producing a bumper crop of significant decisions from the administrative forum, as well as state and federal courts. In stark contrast with years past, New Jersey lawyers are now in the forefront of the effort to expand legal protections to greater.. read more →
Starting January 1, 2010, New Jersey joins 42 other states by requiring continuing legal education for every lawyer licensed to practice in the State, including judges, law school professors and in-house counsel. Under a newly adopted court rule, Rule 1:42, New Jersey lawyers must take a minimum of 24 hours of continuing legal education courses.. read more →
Top 12 Blog Posts Of 2009 Listed below are the 12 articles in my blog with the highest readership in 2009. They are an eclectic group of posts, covering a variety of subjects such as power of attorney law, Social Security benefits and Medicare, Veterans Compensation and Pension benefits, estate and gift tax law, guardianship.. read more →
FAPE And Your Disabled Child The federal statute governing special education, the Individuals with Disabilities Education Act (IDEA), the federal regulations implementing the IDEA, and the governing New Jersey regulations, mandate that all disabled children between the ages of 3 and 21 who reside in New Jersey have available a “free appropriate public education”, or.. read more →
(The A.N. case, described below, was decided on administrative appeal in 2007 and affirmed the denial of Medicaid benefits. I represented the Medicaid applicant, A.N. You may ask why I would resurrect an administrative decision more than 2 year old which I lost. It’s a legitimate question. The answer is that I believe the case will.. read more →
Did you know that, under New Jersey law, you are entitled to receive compensation for services rendered as a fiduciary, such as an Executor, Administrator, Trustee, Guardian, Agent under a Power of Attorney and Conservator? Well, you are. Any compensation paid to a fiduciary in New Jersey is called a “commission”. The amount of any.. read more →
In a case of first impression in New Jersey, the Superior Court of New Jersey, Appellate Division, recently affirmed a trial court’s ruling, holding that paying for another’s companionship can be a form of “dating” that triggers statutory protections against domestic violence. In J.S. v. J.F., Docket No. A-2552-08 (App. Div., December 10, 2009), the Appellate Division.. read more →
Supplemental Security Income (SSI) is a federal program that helps aged, blind and disabled people with very low income and resources pay for food, clothing and shelter. In other words, SSI is a government program based upon financial need. SSI is often confused with Social Security Disability benefits (SSD). Although both programs are administered through.. read more →
Google recently announced that the company was entering into the legal research field. Google Scholar will now allow users to search full-text legal opinions from U.S. federal courts, state appellate and trial courts and legal journals. That’s right – now students, attorneys, clients, and – most importantly – average citizens, can access a free, easy-to-use,.. read more →
On December 3, 2009, the House of Representatives passed the “Permanent Estate Tax Relief for Families, Farmers, and Small Business Act of 2009” (H.R.4154). If adopted by the Senate, the bill will freeze the estate and gift tax status quo as of this year. The House Bill eliminates the one-year repeal of the federal estate.. read more →
As I had reported in a March 4, 2009 blog post, New Jersey Administrative Law Judge (“ALJ”) Walter M. Braswell, in E.F. v. Division of Medical Assistance and Health Services and the Union County Board of Social Services, OAL DKT. No. HMA-7536-08 (Union County, February 26, 2009), held that an annuity purchased by a community.. read more →
The IRS has announced the 2010 limits on the tax deductibility of qualified long term care insurance premiums. Deductible limits were increased for every age group, ranging from $10 for the youngest group to more $130 for the oldest. For the first time, the maximum deductible limit for an individual exceeds $4,000. The 2010 limits.. read more →
On December 2, 2009, I spoke at the “Elder Law College” sponsored by New Jersey Institute for Continuing Legal Education. The “College” was held at the New Jersey Law Center in New Brunswick, NJ. I was “Professor For A Day”, lecturing the many worthy students in attendance about Veterans Benefits and Social Security disability and.. read more →
A federal district court judge in California recently ruled that the Social Security Administration (SSA) violated Section 504 of the Rehabilitation Act, and its implementing regulations, by failing to provide “meaningful access” for SSA programs to all blind and visually impaired individuals. American Council of the Blind v. Astrue, No. C 05-04696-WHA (N.D.Cal. Oct. 20,.. read more →
In case you missed them, here are our top 7 most popular posts in November. The original post date, along with a short summary of the content of each post, are included after each hyperlinked title. Federal Appeals Court Rules That Annuity Payments Made To The Spouse Of A Nursing Home Resident Are Not Countable.. read more →
On October 13, 2009, Secretary Eric K. Shinseki of the Department of Veterans Affairs (VA) decided to establish service connection for Vietnam veterans with three conditions: Parkinson’s, B cell leukemias, and ischemic heart disease. These join the already established conditions of: * diabetes type II * acute and sub-acute peripheral neuropathy * chloracne and porphyria.. read more →
Like it has in each of the past six years, the New Jersey Law Journal again published its annual Legal Almanac this year. The Legal Almanac attempts to sum up the condition of the state’s legal profession each year. This year, the Law Journal described the state of New Jersey’s legal profession in four words:.. read more →
In A.G. v. Division of Medical Assistance and Health Services and the Ocean County Board of Social Services, OAL Docket No. HMA-2405-09 (October 13, 2009), Hon. Edward J. Delanoy, Jr., Administrative Law Judge (ALJ), ruled that payments made for care services provided to A.G., a nursing home resident and Medicaid applicant, by E.G., her adult.. read more →
Here’s a memorable sentence: “Nobody can relate to the raw, visceral experience of ending a marriage better than someone who has gone through it.” Amen to that. Based on that insight, the NY Times published an article this past Sunday entitled “Experienced in Love and Money” which summarized advice from financial experts about what they.. read more →
I previously blogged about an Order entered in July 2009 by Hon. Patricia Del Bueno Cleary, J.S.C., a Superior Court Judge in Monmouth County, who granted my motion authorizing my client, the Administrator of his mother’s intestate estate, to (1) establish two Supplemental Benefits Trusts to protect the intestate shares of the estate which passed.. read more →
In an effort to help the press and public identify and understand important federal appeals court rulings and cases, the American Bar Association’s Standing Committee on Federal Judicial Improvements has launched a new website that will summarize the most interesting or newsworthy recent decisions and pending cases before federal appeals courts. Reporters and others can.. read more →
Here’s a hot news flash (NOT): law firms in 2009 should market themselves on the Internet. This recent message to lawyers and law firms from the American Bar Association seems just a bit dated. But not uninteresting. At the ABA’s Law Firm Marketing Strategies Conference held last week in Philadelphia, the participants in a panel.. read more →
Issues surrounding end-of-life medical decisions are seldom easy. However, planning for future healthcare needs, which includes end-of-life medical decision-making, is one of the most important acts elders can perform, both for themselves and their loved ones. Federal and state laws recognize an individual’s constitutional right to refuse medical treatment, and aim to ensure that a.. read more →
Elder law attorneys who attended the National Academy of Elder Law Attorneys’ program in Jersey City, New Jersey, on Nov. 5-8, 2009, offered some tips on the use of promissory notes / loans as an estate planning strategy to accelerate eligibility for Medicaid benefits. The promissory note / loan strategy involves the client making an.. read more →
Recently, Fox News did a video segment and report on collaborative divorce which featured two members of the New Jersey Collaborative Law Group (NJCLG), divorce lawyer Amy Schimalla and financial planner Jody D’agostini, giving an overview of the collaborative divorce process. (I’m one of the founding members of the NJCLG.) Though brief, the video does.. read more →
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