What Is Medicaid? Medicaid is a government program through which many elderly and disabled people receive care at home or in a nursing home. Medicaid is a statewide program, currently administered In New Jersey through each county’s Board of Social Services. The state agency in New Jersey responsible for administering the Medicaid program is the.. read more →
The Centers for Medicare and Medicaid Services (CMS) has released a letter (CMS Letter SMD-14-001) to States with guidance on how to apply Medicaid’s estate recovery and transfer of asset rules to individuals newly eligible for Medicaid under the Affordable Care Act (ACA). In general, most of the long-term care rules that apply to traditional.. read more →
I. The Facts. Plaintiff, Alma Galletta, who suffers from a variety of medical impairments, is the surviving spouse of a World War II veteran. Over two years ago, plaintiff began receiving pension benefits from the Department of Veterans Affairs (VA). VA pension benefits are payable to a surviving spouse based on the veteran’s non-service-connected death. .. read more →
Video of NJ Supreme Court Oral Argument to Give Public Employee the Right to Direct Pension Death Benefit to Special Needs Trust for Disabled Child
Video of Oral Argument before the New Jersey Supreme Court in Thomas Saccone v. Board of Trustees of the Police and Firemen’s Retirement System held on February 4, 2014 in Trenton, NJ. Donald D. Vanarelli, Esq., legal counsel for Thomas Saccone, a retired Newark, NJ fireman with a severely disabled adult child who receives Medicaid.. read more →
General Qualifications for Non-Service Connected Pension Plus Aid and Attendance Supplement Veterans, Widowed Spouses, and Dependent or Disabled Children May be Claimants. The eligibility requirements follow: Veterans Must Typically Have Served At Least 90 Days of Active Duty Service, 1 Day of Which Had to Have Been Served During A Period of Wartime (Those Who.. read more →
The annual roundup of the top 10 11 elder law decisions from across the country for 2013 as prepared by staff at the ElderLawAnswers website is reproduced below. Almost all the cases hinged on the interpretation of state or federal Medicaid law. Those purchasing annuities or transferring property in exchange for a promissory note did.. read more →
For the first time, the Division of Medical Assistance and Health Services (DMAHS), New Jersey’s Medicaid agency, held that an applicant for nursing home Medicaid was eligible for benefits despite the fact that she made a substantial gift within the look-back period and owned an $80,000 annuity. M.W. v. Division of Medical Assistance and Health.. read more →
On Thursday, February 4, 2014, I, along with amicus counsel, argued before the New Jersey Supreme Court on behalf of Thomas Saccone, a retired Newark fireman with a disabled adult child named Anthony. Anthony, now 40 years old, has received public benefits based on need, specifically SSI and Medicaid benefits, since he was age 18… read more →
Agenda Posted Outside of the New Jersey Supreme Court on Thursday, February 4, 2014
This is the agenda posted outside the New Jersey Supreme Court on Thursday, February 4, 2014 when the Court heard oral argument in Saccone v. Board of Trustees of the Police and Firemen’s Retirement System in which the Court will decide whether public employees should be allowed to direct their pensions’ death benefits to special-needs.. read more →
New Jersey Law Journal Reports on Oral Argument in Supreme Court Special Needs Trust Case: Court Weighs Designating Trusts as Beneficiaries in State Pension Plans
(A news report published in the New Jersey Law Journal on yesterday’s oral argument in the New Jersey Supreme Court is republished in full below.) Court Weighs Designating Trusts as Beneficiaries in State Pension Plans Michael Booth, New Jersey Law Journal, February 04, 2014 New Jersey’s high court is deciding whether public employees should be.. read more →
On February 4, 2014, Donald Vanarelli, Esq. argued before the New Jersey Supreme Court on behalf of Thomas Saccone in a case entitled Thomas Saccone v. Board of Trustees of the Police & Firemen’s Retirement System. Legal counsel for four disability rights organizations filed amicus curiae, or friend of the court, briefs on behalf of Mr… read more →
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