Medicare is the federal government’s health care insurance program for people age 65 and over, and for people under age 65 who have certain disabilities. The Medicare program consists of four basic parts: Medicare Part A: Hospital, skilled nursing, home health care and hospice coverage Medicare Part B: Coverage for medical care, durable medical equipment,.. read more →
Last week, in Too Much Media v. Hale, the Superior Court of New Jersey, Appellate Division, held that New Jersey’s newsperson’s privilege, which protects journalists from being compelled by subpoena to disclose their sources, applies to online news reporters but not to bloggers who merely claim to be reporters. The decision was the first N.J… read more →
A New Jersey administrative law judge (ALJ) recently held, contrary to a court order awarding wages for services rendered, that a payment to the adult children of a Medicaid applicant for services rendered under a power of attorney was properly considered to be a gift by the State’s Division of Medical Assistance and Health Service.. read more →
Donald D. Vanarelli, Esq., Certified Elder Law Attorney and Accredited Veterans Attorney, was among the 100 attendees of the 4th Annual Meeting of the Academy of Special Needs Planners, which took place March 19-20th in Charleston, SC. Special needs planning is one of the fastest-growing areas of estate planning. Attorneys in the field focus on.. read more →
Assets Belonging To Incompetent Medicaid Recipient Discovered By Children Who Had Power Of Attorney Held Countable https://vanarellilaw.com/assets-belonging-to-incompetent-medicaid-recipient-which-were-discovered-by-children-who-had-power-of-attorney-held-countable/ read more →
A North Carolina appeals court recently held that assets owned by an incompetent Medicaid recipient which were discovered by her family after she had been receiving Medicaid benefits for several years were countable and that the family must repay the benefits already paid on the Medicaid recipient’s behalf. Ella Mae Cloninger suffered from Alzheimer’s disease.. read more →
Fed court in New Orleans awards 7 Virginia families $2.6M damages for homes ruined by sulfur-emitting Chinese drywall. https://www.cbsnews.com/news/chinese-drywall-plaintiffs-awarded-26m/ read more →
New publication by Civil Rights Division of DOJ outlines rights of returning veterans with disabilities under the ADA. http://bit.ly/9LRHVL read more →
New report shows that a lack of financial security is the fearful reality for a large percentage of LGBT older adults. http://bit.ly/aaysPp read more →
Appeals ct reverses attys fee award to Medicaid applicant wrongly denied benefits & removed from facility for non-paymt http://bit.ly/90OIup read more →
Fed ct permanently enjoins NJ imposing ‘never ending” penalty for gifts made by applicants for Medicaid waiver benefits https://attorney.elderlawanswers.com/some-states-still-say-penalty-period-can-never-begin-for-waiver-applicants-8767 read more →
Soon after the passage of the Deficit Reduction Act of 2005 (DRA), New Jersey’s Division of Medical Assistance and Health Services, the State Medicaid agency, took the position that the penalty period, or period of ineligibility for Medicaid, resulting from transfers made during the look-back period by applicants for home or community – based services.. read more →
American Assn of Life Underwriters recent report finds “uncertainty remains in the Senate” concerning estate tax reform http://bit.ly/ciXPFY read more →
Rutgers Poll finds 48% of NJ residents support the new health care law, 40% oppose it and 12% are undecided. http://bit.ly/bTY5S1 read more →
The Journal of the National Academy of Elder Law Attorneys (“NAELA Journal”) is a semiannual law journal containing substantive and scholarly articles by practicing members, professors, and other elder law professionals. The NAELA Journal covers elder law and special needs planning topics including: preservation of assets, Medicaid, Medicare, Social Security, disability, health insurance, tax planning,.. read more →
My article on the effect of financial exploitation on elder’s eligibility for Medicaid published in the NAELA Journal. http://bit.ly/8Z9iA5 read more →
N. Carolina Bar is first to consider an ethics opinion on cloud-computing or web-based services in legal profession. https://www.americanbar.org/groups/gpsolo/publications/gpsolo_ereport/2012/september_2012/ethics_cloud_computing_lawyers/ read more →
“Flash mob” in South Orange, NJ prompt police to monitor text messages,Twitter and Facebook to prevent future violence. http://bit.ly/diqUcL read more →
Checklist of common early warning signs indicating your child falls somewhere on the autism spectrum. http://bit.ly/9zaIJx read more →
NJ Sup Ct Widens Cleric-Penitent Privilege-Includes Statements an “objectively reasonable” person believes confidential https://www.law.com/almID/1202447896131/ read more →
Dissent Calls Majority Opinion “Indefensible”, Creating A “Kafkaeque Adjudicatory Process” For Disabled Veterans. https://vanarellilaw.com/dissenting-judges-call-majority-opinion-indefensible-creating-a-kafkaeque-adjudicatory-process-preventing-disabled-veterans-from-getting-benefits/ read more →
David L. Henderson joined the military in 1950, and was discharged while on active duty in 1952 after being diagnosed with paranoid schizophrenia. He was awarded service-connected compensation with a 100% disability rating. In 2001, Henderson applied to a Department of Veterans Affairs (VA) regional office for special monthly compensation for in-home care related to.. read more →
NJ lags behind most states in processing Social Security Disability claims, taking 16 months before holding a hearing. http://bit.ly/dwYfb7 read more →
Adults with autism-related disabilities are challenged in areas of social life, employment, housing, and health care. http://huff.to/bir1RY read more →
Reality of life for many adults with autism-related disabilities: they live alone,have no job,and limited social life. http://huff.to/bir1RY read more →
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