In J.C. v. Division of Medical Assistance and Health Services and the Ocean County Board of Social Services, ____ N.J. Super. ____ (App. Div. 2010), petitioner was determined to be totally disabled due to a work place injury by a workers’ compensation (WC) court in New Jersey, and awarded $308 per week in WC benefits. The petitioner then asked the WC court to establish a special needs trust (SNT) pursuant to 42 U.S.C. §1396p(d)(4)(a) in order to exclude her WC benefits from consideration in determining eligibility for Medicaid and other needs-based public benefits. After the SNT was established and the WC benefits transferred to the trust, petitioner applied for Medicaid benefits. The Medicaid application was denied and petitioner appealed. On appeal, the Superior Court of New Jersey, Appellate Division, affirmed the denial of benefits. The appeals court held that, since under federal law the determination of petitioner’s disability must be made by the Social Security Administration or the state disability review team based on the federal definition of “disability”, which was not done in this case, the WC court judgment that petitioner was disabled was not dispositive and the SNT was ineffective in preventing her assets from being included in the Medicaid eligibility determination.
The case is annexed here – J.C. v. Division of Medical Assistance and Health Services
Categories
- Affordable Care Act
- Alzheimer's Disease
- Arbitration
- Attorney Ethics
- Attorneys Fees
- Beneficiary Designations
- Blog Roundup and Highlights
- Blogs and Blogging
- Care Facilities
- Caregivers
- Cemetery
- Collaborative Family Law
- Conservatorships
- Consumer Fraud
- Contempt
- Contracts
- Defamation
- Developmental Disabilities
- Discovery
- Discrimination Laws
- Doctrine of Probable Intent
- Domestic Violence
- Elder Abuse
- Elder Law
- Elective Share
- End-of-Life Decisions
- Estate Administration
- Estate Litigation
- Estate Planning
- Events
- Family Law
- Fiduciary
- Financial Exploitation of the Elderly
- Funeral
- Future of the Legal Profession
- Geriatric Care Managers
- Governmental or Public Benefit Programs
- Guardianship
- Health Issues
- Housing for the Elderly and Disabled
- In Remembrance
- Insolvent Estates
- Institutional Liens
- Insurance
- Interesting New Cases
- Intestacy
- Law Firm News
- Law Firm Videos
- Law Practice Management / Development
- Lawyers and Lawyering
- Legal Capacity or Competancy
- Legal Malpractice
- Legal Rights of the Disabled
- Liens
- Litigation
- Mediation
- Medicaid Appeals
- Medicaid Applications
- Medicaid Planning
- Annuities
- Care Contracts
- Divorce
- Estate Recovery
- Family Part Non-Dissolution Support Orders
- Gifts
- Life Estates
- Loan repayments
- MMMNA
- Promissory Notes
- Qualified Income Trusts
- Spousal Refusal
- Transfers For Reasons Other Than To Qualify For Medicaid
- Transfers to "Caregiver" Child(ren)
- Transfers to Disabled Adult Children
- Trusts
- Undue Hardship Provision
- Multiple-Party Deposit Account Act
- New Cases
- New Laws
- News Briefs
- Newsletters
- Non-Probate Assets
- Nursing Facility Litigation
- Personal Achievements and Awards
- Personal Injury Lawsuits
- Probate
- Punitive Damages
- Reconsideration
- Retirement Benefits
- Reverse Mortgages
- Section 8 Housing
- Settlement of Litigation
- Social Media
- Special Education
- Special Needs Planning
- Surrogate Decision-Making
- Taxation
- Technology
- Texting
- Top Ten
- Trials
- Trustees
- Uncategorized
- Veterans Benefits
- Web Sites and the Internet
- Webinar
- Writing Intended To Be A Will
Vanarelli & Li, LLC on Social Media