Frequently Asked Questions and Answers About Veterans Pension Who Can Help Me Fill Out the Forms? Any non-accredited individual may assist with completing the forms; however, this individual is allowed to assist ONLY one person. A VA accredited organization, such as your local State Veterans Office, VFW, or American Legion, etc. may help you, as.. read more →
When a veteran, or his/her survivor, has been awarded benefits from the Department of Veterans Affairs (VA) but is unable to manage his/her VA funds as a result of injury, disease, advanced age, or being under age 18, the VA appoints a fiduciary. The purpose of the VA’s fiduciary program is to ensure VA benefit.. read more →
A Special Needs Trust, sometimes called a Supplemental Needs Trust (SNT), is a trust designed to qualify or preserve the trust beneficiary’s eligibility for government benefits based upon financial need, such as Medicaid and Supplemental Security Income (SSI). These needs-based programs are often vital for the beneficiary of SNT, who is an individual with a.. read more →
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 →
In this case, the Superior Court of New Jersey, Appellate Division, held that the state Medicaid agency was not bound by an order for separate support and maintenance entered by a Family Part judge in a case filed by one spouse against the other spouse who later applied for Medicaid benefits when the Family Part.. read more →
(From the website of the New Jersey Judiciary) The following is the Supreme Court’s schedule for oral arguments on Feb. 4, 2014. The issues before the Supreme Court are outlined in the Appellate Division opinion in each case. (The following statements of issues on appeal are prepared by the Office of the Clerk for the.. read more →
A federal district court in Western Pennsylvania held that the purchases of single premium immediate annuities with short payment terms by applicants for Medicaid constitute improper transfers of assets even if the annuities otherwise comply with the federal Medicaid laws in all respects. Zahner v. Mackereth, Civil No. 11-306 (W.D. PA, January 16, 2014). This.. read more →
Attorney Donald D. Vanarelli is proud to announce that he was awarded an “AV Preeminent” rating from Martindale-Hubbell, an acknowledgment that he achieved the highest level of professional excellence. From the Martindale-Hubbell website: “For more than 130 years, lawyers have relied on the AV Preeminent rating when searching for their own expert attorneys. The Martindale-Hubbell.. read more →
Supplemental Security Income (SSI) is a cash assistance program funded and administered by the federal government through the Social Security Administration. The SSI program is authorized by Title XVI of the Social Security Act, entitled “Supplemental Security Income for the Aged, Blind, and Disabled.” As of September 2011, over 8 million people received SSI benefits… read more →
We wish each of you a wonderful new year with many smiles, great health, new adventures, prosperity and joy. Happy New Year, from all of us at Vanarelli & Li, LLC. For additional information concerning NJ elder law: https://vanarellilaw.com/legal-services/ read more →
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