On June 23, 2014, the Government Accountability Office (GAO) released its report, Financial Characteristics of Approved Applicants and Methods Used to Reduce Assets to Qualify for Medicaid, which Sens. Tom Coburn (R-OK) and Richard Burr (R-NC) and Reps. Darrell Issa (R-CA) and Trey Gowdy (R-SC) requested. The GAO report confirmed that about 95% of approved.. read more →
In the May 19, 2014 J.P. v. Division of Medical Assistance and Health Services decision, New Jersey’s Appellate Division affirmed the final agency decision of the Director of the Division of Medical Assistance and Health Services (“DMAHS”), resulting in the imposition of a transfer penalty on the petitioner’s Medicaid application. After the ALJ had accepted the.. read more →
Effective on July 7, 2014, the Department of Veterans Affairs (VA) is changing its monetary burial benefits regulations to simplify the program and pay eligible survivors quicker and more efficiently. Under the current regulations, VA pays for burial and funeral expenses on a reimbursement basis, which requires survivors to submit receipts before receiving any payments… read more →
71st Semi-Annual Tax and Estate Planning Forum Our country is experiencing a growing number of households in which a parent and an adult child reside together. Census data reveals that the number of Americans living in multi-generational family households is the highest it has been since the 1950s, with a significant increase in recent years… read more →
A New Jersey appeals court upheld a substantial fee award exceeding the amount in controversy for work preformed by law firm in a probate litigation when representing the estate of a man manipulated into modifying his will through undue influence because the wrongdoer’s actions contributed to, and greatly increased, the time and effort required to.. read more →
A federal district court in New Jersey ruled that a Medicaid applicant was not entitled to a preliminary injunction to prevent the State from counting her annuity as an available resource. Matrangolo v. Velez (U.S. Dist. Ct., D. N.J., No. 13-6289 (MAS) (LHG), May 30, 2014). Plaintiff Marie Matrangolo, an 88-year-old woman who has been a.. read more →
In general, an incapacitated person is to be represented in any litigation by a guardian, or “if no such guardian has been appointed or a conflict of interest exists between a guardian and ward or for other good cause, by a guardian ad litem appointed by the Court.” R. 4:26-2(a); Village Apartments v. Novack, 383.. read more →
Hon. Robert B. Kugler, United States District Judge for the District of New Jersey, reversed a denial of an application for Medicaid benefits by ruling that a pension benefit from the Department of Veterans Affairs (“DVA”) may not be counted as income for the purposes of any Medicaid program to the extent that the DVA.. read more →
In the April 28, 2014 Karlson v. Colvin decision, New Jersey’s Federal District Court reversed an Administrative Law Judge and granted a Social Security recipient’s request for waiver of his Social Security Disability (“SSD”) overpayment. Karlson v. Colvin, 2014 U.S. Dist. LEXIS 58942 (D.N.J. 2014) Under the Social Security Act, if an individual incorrectly receives an.. read more →
A United States District Court recently ruled that a nursing home resident does not have a private right to assert a lawsuit against a nursing home for involuntary discharge under the Nursing Home Reform Act. Schwerdtfeger v. Alden Long Grove Rehabilitation and Health Care Center (U.S. Dist. Ct., N.D. Ill., No. 13 C 8316, May.. read more →
Decision-making capacity involves four (4) key abilities: the ability to understand information relevant to a decision, to retain the information relevant to the decision, to use the information relevant to the decision as part of the decision-making process and to communicate the decision once it is made. But since decision-making capacity involves mental abilities, how.. read more →
Trial lawyers must know where the ethical line is drawn between properly investigating jurors and improperly communicating with them. In today’s Internet-saturated world, the line is increasingly blurred. Therefore, the ethics committee of the American Bar Association (ABA) recently issued an opinion describing a trial lawyer’s ethical obligation when reviewing jurors’ information on the Internet in.. read more →
Although the petitioner in this case, A.G., succeeded in obtaining Medicaid benefits after filing a complaint in federal court (which I’ve blogged about in the past here, here and here), the State of New Jersey recently denied benefits back to the date of the original application after an administrative appeal was filed in the state.. read more →
The Affordable Care Act (ACA) is an historic effort by the government to extend medical insurance coverage to all Americans, increase the quality of care, increase accountability, and reduce cost. It’s been said that the ACA changes the relationship between government, health care providers and all who receive health care in the U.S. However, at.. read more →
A New Jersey appeals court held that payments made by a Medicaid applicant to her daughter pursuant to a written care agreement under which the daughter provided various services were actually gifts and subject to a transfer penalty. P.W. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., App. Div., No. A-4756-11T3, April 29,.. read more →
On April 23, 2014, the Social Security Administration (SSA) issued Emergency Message 14026 providing instructions for the regional centralization of Supplemental Security Income (SSI) trust reviews to help improve the accuracy and consistency of SSI trust resource determinations. Under the new policy, effective April 28, 2014 a member of the new Regional Trust Reviewer Team.. read more →
A Memorandum (or Letter) of Intent communicates and documents your preferences regarding the care of a disabled family member or friend who is the beneficiary of the special needs trust you created. It provides guidelines for those who will become responsible for your disabled family member after you pass away or become so disabled yourself.. read more →
A California appeals court held that a trial court’s order directing a trial attorney to remove posts from her law firm website touting her successes constituted an unlawful prior restraint on the trial attorney’s constitutional right to free speech. Christie Steiner v. Superior Court of Santa Barbara County, 2d Civil No. B235347 (Super. Ct. No… read more →
Even after a guardian is appointed for an incapacitated person, our courts will seek to preserve the incapacitated person’s right to self-determination, to the extent possible. This challenging task was addressed by the New Jersey Supreme Court in M.R., 135 N.J. 155 (1994): Unless they endanger themselves or others, competent people ordinarily can choose what.. read more →
Typically, field examiners from the Department of Veterans Affairs (VA) conduct periodic investigations of fiduciaries who handle the monthly compensation or pension payments made by the VA to veterans and their dependents to insure the appropriate use of funds. Fiduciaries as well as the claimants themselves are often unnecessarily concerned about these investigations. Although it.. read more →
As a result of the advocacy efforts by several New Jersey elder law attorneys following a class action lawsuit filed against the State of New Jersey, New Jersey Medicaid’s penalty divisor will be increased to $9,535.62 per month, or $313.50 per day, effective April 1, 2014. The newly increased divisor shall be used for all new or pending.. read more →
Summary of Presentation: Pensions and Special Needs Trusts Special Needs Trusts (SNTs): Special needs trusts are estate planning devices that are specifically permitted under federal and state Medicaid law, which further New Jersey’s public policy regarding the rights of the disabled. Types of SNTs: Special needs trusts may be “first party” or “self-settled” trusts (“d(4)(a).. read more →
All New Jersey guardians are appointed by the Superior Court of New Jersey. A “guardian” is a person appointed by a court to make decisions regarding the person or property of an incapacitated adult. A person is “incapacitated” under the law if he or she “is impaired by reason of mental illness or mental deficiency.. read more →
The court establishing a guardianship in New Jersey has an obligation to ascertain that the guardian, once appointed, is functioning in the best interests of the ward. To assist guardians in the performance of their duties, the New Jersey Judiciary, Surrogates’ Liaison Committee, has published a booklet entitled “Manual for Guardians” which provides an overview.. read more →
When our law office prepares a Last Will and Testament and other estate documents for a client, we usually conduct a signing ceremony and then give the client the original and one photocopy of the Will for their records. Other attorneys have similar procedures. On occasion, however, rather than provide clients with a photocopy of.. read more →
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