Yesterday, the New Jersey Supreme Court ruled that the attorney-client privilege protects e-mails between a would-be plaintiff / employee and her attorney discussing a possible employment lawsuit against the plaintiff’s employer that were transmitted on the corporate laptop of the employer. In Stengart v. Loving Care Agency, Inc., ___ N.J. ___ (Docket No. A-16-09, March.. read more →

It’s the end of the month. Time for a review of March’s most popular articles posted to the Vanarelli Law Office Blog. The original post date, along with a short summary of the content of each post, are included after each hyperlinked title. Tweeting The ABA TechShow – March 28, 2010. Here, I presented a.. read more →

Named after its Congressional sponsor and enacted in 1977, the Pickle Amendment created a separate category of Medicaid eligibility. Under the Pickle Amendment, an individual who received both Social Security benefits (SSA) and Supplemental Security Income (SSI) benefits but became ineligible for SSI due to cost-of-living adjustments (COLA) in the SSA benefit will remain eligible.. read more →

A New Jersey appeals court recently held that a life care contract between a nursing home resident and her daughter, in which the resident paid her daughter a lump sum for the future provision of personal care services, is not a transfer for fair market value for the purposes of Medicaid eligibility. E.S. v. Division.. read more →

In case you missed them, here are last week’s most popular articles on the Vanarelli Law Office Blog: What Does A Court Mean When Litigants Are Ordered To “Mediate In Good Faith?” – This post discusses two recent non-NJ courts who have taken a look at what constitutes “good faith” when parties involved in a.. read more →

Each year, the Law Practice Management Section of the American Bar Association (ABA) presents the ABA Techshow, billed as “the world’s premier legal technology conference and exposition.” This year, like each of the 23 prior years in which the ABA Techshow was held, I did not attend. However, this year, unlike years past, I actually.. read more →

Donald D. Vanarelli, Esq., with offices at 242 St. Paul Street, Westfield, NJ, has been selected as a “New Jersey Super Lawyer” in the areas of Elder Law and Special Needs Planning in 2010.  This year, only 23 attorneys in New Jersey were selected as “Super Lawyers” in the practice area of Elder Law and.. read more →

Heriberto Pumarejo transferred the ownership of his home to his son, Herbert Pumarejo, Jr., for one dollar. About two years later, Mr. Pumarejo became a patient at the Arnold Walter Nursing Home. Kathryn Pumarejo, Herbert’s wife and the resident’s representative, signed an agreement in which she agreed to pay all nursing home bills that were.. read more →

As you know, the Supplemental Security Income (SSI) program, administered by the Social Security Administration (SSA), is a needs-based government benefit program which provides monthly cash assistance to aged, blind or disabled individuals who have limited income and resources. Individuals over age 65 automatically meet the “aged” requirement. Adults who assert eligibility as “blind” or.. read more →

The following list contains some of the most frequently encountered issues faced by parents of a child with special needs who wish to arrange a secure future for their disabled child through estate planning. Don’t disinherit the child with special needs. Carefully consider the division of assets among all of the children. Understand the differences.. read more →

These guidelines are intended to establish a framework for collaborative family law negotiations undertaken by members of the New Jersey Collaborative Law Group. In order to provide some predictability to the collaborative negotiations, it is anticipated that these guidelines will be followed in most cases. These guidelines are not intended to be exhaustive. Before the.. read more →

In case you missed them, here are last week’s most popular articles posted to the Vanarelli Law Office Blog: 200,000 Veterans Expected to File Agent Orange Claims Over Next Two Years – Veterans who served in Vietnam during the war and who have one of the illnesses covered by the “presumption of service connection” don’t.. read more →

Following is a news release about the Department of Veterans Affairs new initiative to fast track Agent Orange claims: WASHINGTON (March 9, 2010) – The Department of Veterans Affairs (VA) announced today an aggressive new initiative to solicit private-sector input on a proposed “fast track” Veterans’ claims process for service-connected presumptive illnesses due to Agent.. read more →

Conceding defeat in the courts, the National Association of State Medicaid Directors (NASMD) has sent a letter to the Center for Medicare and Medicaid Services (CMS) requesting that the agency revisit its treatment of community spouse annuities. In the Omnibus Budget Reconciliation Act of 1993, Congress delegated the treatment of annuities in the Medicaid program.. read more →

State v. Kennedy, 61 N.J. 509 (1972) explored the issue of “legally authorized” transfers made by an agent under a power of attorney. Kennedy obtained a power of attorney that was assumed to have been executed by the elderly victim, authorizing Kennedy to draw upon the victim’s bank accounts. Kennedy misappropriated most of the money.. read more →

Two recent non-NJ courts have taken a look at what constitutes “good faith” by a party ordered into mediation, with different outcomes hinging on weather the court viewed the actions of the mediator in reporting a party’s conduct in mediation as a breach of confidentiality. Anthony vs. Andrews, 2009-Ohio-6378 – In this Ohio medical malpractice.. read more →

Social Security’s annual surplus nearly evaporated in 2009 for the first time in 25 years as the recession led hundreds of thousands of workers to retire or claim disability.  Social Security took in only $3 billion more in taxes last year than it paid out in benefits — a $60 billion decline from 2008, according.. read more →