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 →
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