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 →
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