A Rhode Island trial court holds that a niece who signed a nursing home admissions agreement on behalf of her aunt did not sign as a responsible party, and is therefore not personally liable for her aunt’s unpaid nursing home bill. Sunny View Nursing Home, Inc. v. Gorman (R.I. Super. Ct., No. KC 11-0491, Dec. 4,.. read more →

Listed below are the posts on Vanarelli & Li, LLC Blog with the highest readership in 2012. Certain “Blue Water” Navy Vietnam Veterans Now Eligible For Agent Orange Presumptive Service-Connected Compensation Benefits Top 10 Veterans Service-Connected Disability Compensation Benefit Cases Decided By The Federal Circuit Top Ten New Jersey Elder and Disability Law Cases in.. read more →

The Department of Veterans Affairs (VA) announced it is cutting red tape for Veterans who receive VA pension benefits by eliminating the need for them to complete an annual Eligibility Verification Report (EVR). VA will implement a new process for confirming eligibility for benefits, and staff that had been responsible for processing the old form.. read more →

New Jersey’s Medicaid rules are complicated, and seem like they’re always changing. One such change in the rules that occurs on a regular basis is the State Medicaid agency’s amendment to the Medicaid program’s “penalty divisor.”  On December 10, 2012, a Medicaid Communication, or notice, was released by the Division of Medical Assistance and Health.. read more →

The parties in this case had a brief relationship which resulted in the birth of a daughter. Several months prior to the child’s birth, defendant/father, Marcos Cozze, Jr., was in a devastating motor vehicle accident which resulted in permanent brain damage. A lawsuit was filed on defendant’s behalf. More than three (3) years later, a.. read more →

(I recently presented a program on Veterans Benefits and Social Security Disability Benefits at the Elder Law College, a seminar on Elder Law and Special Needs Law presented each year by the New Jersey Institute of Continuing Legal Education. A summary of the seminar material is presented below.) VA BENEFITS Veterans and their families should.. read more →

Following are the increased rates paid by the Department of Veterans Affairs (VA)  beginning in 2013 for Base Pension benefits, with Housebound and Aid and Attendance supplements. The higher rates include a 1.7% cost of living increase. For the Veteran Monthly VA Base Pension Benefits: Without Dependents: $1,037 With One Dependent: $1,359 Monthly Housebound Benefits:.. read more →

Members of the Council of Advanced Practitioners offer professional expertise to meet the needs of an older, maturing clientele and people with disabilities or special needs and their families. A member of the Council of Advanced Practi­tioners (CAP) of the National Academy of Elder Law Attorneys (NAELA) is an attorney who has been nominated and.. read more →

The Centers for Medicare and Medicaid Services has announced new Medicare premiums, deductibles, and co-insurances as follows: Part B premium: $104.90/month (was $99.90) Part B deductible: $147 (was $140) Part A deductible: $1,184 (was $1,156) Co-payment for hospital stay days 61-90: $296/day (was $289) Co-payment for hospital stay days 91 and beyond: $592/day (was $578).. read more →

As we age, the decrease in independence and concurrent increasing need for care which often occur can be a source of stress and conflict in many families. Adult children who must provide care to aging parents or who must make health care or financial decisions for dependent family members face tremendous challenges. Care-giving and decision-making.. read more →

aThe Social Security Administration released the federal benefit rate for the 2013 Supplemental Security Income (SSI) benefits as follows: The benefit amount for an individual SSI recipient in 2013 is $710 per month (an increase from $698/mo. in 2012). The benefit amount for a couple who are both receiving SSI in 2013 is $1,066 per.. read more →

On October 26, 2012, David McLenachen, Director of the Pension and Fiduciary Division, Department of Veterans Affairs (VA), issued Fast Letter 12-23. Described as a clarification of VA policy, this fast letter actually substantially tightened the eligibility criteria for veterans and others residing in senior or independent living facilities who apply for needs-based VA pension.. read more →

The Internal Revenue Service (IRS) announced increased deductibility levels for individuals with long term care insurance policies in 2013.  According to Revenue Procedure 2012-41, the deductible limits range from a low of $360 to as much as $4,550 per person. The limits represent an increase from 2012, as follows: Attained Age Before Close of Taxable Year.. read more →

The Internal Revenue Service (IRS) recently issued Revenue Procedure 2012-41 which set forth inflation-adjusted revenue items for 2013. Among other things, the IRS announced that the annual gift tax exclusion amount will increase in 2013 to $14,000 made by a taxpayer to any person who is not the taxpayer’s spouse. Married couples can combine their annual exclusion amounts.. read more →

New Jersey Association of Professional Mediators (NJAPM), a statewide, non-profit professional organization dedicated to fostering excellence in the field of mediation, has launched a reduced-rate mediation clinic for divorcing couples to resolve the issues in their divorce while providing training for new mediators. Eligible couples will have their divorce mediated professionally and confidentially at a.. read more →

The settlement of Jimmo v. Sebelius, Docket No. 11-cv-17 (D.Vt., January 18, 2011), a nationwide class-action lawsuit, has resulted in a significant change in Medicare coverage rules. Under the settlement, Medicare will scrap a decades-old practice that required beneficiaries to show medical or functional improvement before Medicare would pay for skilled nursing and therapy services… read more →

A state appeals court ruled that a will contestant waived the mediation privilege, prohibiting disclosure of mediation communications to non-participants, when both he and his opponent authorized the mediator to inform the trial judge of the results of the mediation. Rutigliano v. Rutigliano, Docket No. A-2797-11T1 (App. Div., October 15, 2012) Plaintiff Vincent Rutigliano and.. read more →

A variety of the benefits sought by disabled veterans through the Department of Veterans Affairs (VA) require the veteran to establish a connection between the veteran’s present disability and an event that occurred during the veteran’s active duty service. This is called establishing “service-connection.” Following is a list of the types of VA claims that.. read more →

In the usual case, a transfer of assets, or gift, by a Medicaid applicant made within five (5) years of the date of the Medicaid application will result in the imposition of a penalty, or period of ineligibility for Medicaid. N.J.A.C. 10:71-4.10(a) The length of the penalty period depends upon the value of the gifted.. read more →

1. Initial Determinations. (This is the first step, but don’t expect to win at this stage. In 2011, 55% of all claims in New Jersey were denied at the Initial Determination stage.) An applicant for Social Security benefits must file an application. Presently, all new applications for disability benefits must be filed online through the.. read more →

Social media websites like Facebook, Twitter and LinkedIn often contain an enormous amount of highly personal information. Lawyers frequently mine social media websites for relevant evidence to be utilized in court when users of social media are involved in lawsuits. In general, information contained in social media websites is not protected by legal privilege or.. read more →

(The 15th Annual Elder and Disability Law Symposium was held on October 3, 2012 at the New Jersey Law Center, in New Brunswick, NJ. This year, as in the past few years, I gave the case law update at the opening plenary session by summarizing the top ten (10) or so elder and disability law.. read more →

After John Lopes was admitted to a nursing home, his wife, Amelia, purchased a irrevocable, nontransferable, single premium annuity for $166,878.99 from The Hartford Life Insurance Company. The annuity contract provided for monthly payments of $2,340.83 over a period of approximately six years. In a letter, the annuity company confirmed that no part of the.. read more →

Upholding the decision of a trial judge who quashed a subpoena, New Jersey appellate court ruled that plaintiffs in a defamation suit over anonymous postings on a blog may not obtain the writers’ names via subpoena served on the corporate host of the blog. Somerset Development, LLC v. Cleaner Lakewood, Superior Court of New Jersey,.. read more →

For the past several years, I have represented Thomas Saccone, a retired Newark, NJ firefighter with a severely disabled adult child named Anthony. Anthony lives with his parents, is unable to work, has been found to be totally disabled by the Social Security Administration, and for many years has received Supplemental Security Income (SSI) and.. read more →