Blog – Page 39 – Vanarell & Li, LLC, Westfield, NJ Elder Law Attorneys

Mar

Virginia Lawyer Who Bungled Client’s Will Liable to Will Beneficiaries, While Claims Filed by Trust Beneficiaries against Florida Lawyer Dismissed

As a general rule, an attorney hired to prepare a will or trust for a...

Mar

Marriage Does Not Create a “Presumptive Right” to a Deceased Spouse’s Life Insurance Benefits

A New Jersey appeals court rejected a surviving spouse’s public policy argument to adopt a...

Mar

Proposed VA Rule Changes Harmful to Elderly and Disabled Wartime Veterans

On January 23, 2015, the Department of Veterans Affairs (VA) issued proposed regulations related to...

Feb

New Jersey Pays $100,000 in Legal Fees in Federal Lawsuit Excluding VA Pension as Income for Medicaid

Here are checks from the State of New Jersey issued to plaintiffs’ counsel as a...

Feb

State Ordered to Grant or Deny Medicaid Benefits within 45 Days of Application

Under federal and state regulations, the State of California must make an eligibility determination within...

Feb

New Jersey Settles Federal Lawsuit, Amending its Medicaid Program to Exclude VA Pension as Countable Income

In February 2015, a Consent Order was filed in New Jersey federal district court, concluding a...

Feb

CCRC Residents Breached Admission Agreement by Applying for Medicaid before Spending Down Assets

A New York trial court ruled that residents of a continuing care retirement community (CCRC)...

Feb

Special Needs Trust Fairness Act of 2015 Introduced in Congress

On February 3, 2015, U.S. Representatives Glenn ‘GT’ Thompson (PA-05) and Frank Pallone, Jr. (NJ-06) in...

Feb

‘Friending’ on Facebook Leads to Ethics Charges Against Two NJ Lawyers

Plaintiffs John J. Robertelli and Gabriel Adamo, two New Jersey defense counsel charged with ethics...

Feb

Proposed Changes to VA Rules Create Look-Back Period and Transfer Penalties for Pension Applicants

On January 23, 2015, the Department of Veterans Affairs (VA) published proposed regulations in the...

Jan

Court Rejects Fee Application, Ruling Medicaid Applicant Who Won Preliminary Injunction Is Not Prevailing Party

Two years ago, in 2013, a federal judge in New Jersey granted a preliminary injunction...

Jan

Top 10 Elder Law Decisions of 2014 from Across the Nation

Below, in chronological order, is ElderLawAnswers‘ annual roundup of the top 10 elder law decisions for 2014....

Jan

Florida’s Supreme Court Bars Non-Lawyers From Engaging in Medicaid Planning

Florida’s Supreme Court ruled that non-lawyers who engage in various Medicaid planning activities are engaging...

Jan

2015 VETERANS BENEFITS – Monthly Pension Rates (Effective 12/1/14)

Historically, the Department of Veterans Affairs (VA) does not release the new pension rates until January...

Jan

Medicaid Granted Though Spouse Gambled Away Substantial Inheritance, Leaving Applicant Impoverished

An Administrative Law Judge found a Medicaid applicant eligible for benefits even though the applicant...

Jan

Understanding Pre-Admission Screening

To be eligible for Medicaid, applicants must meet two requirements: financial requirements and medical requirements....

Dec

NJ Medicaid Announces the Official End of the Medically-Needy Program; Long live the New Managed Long Term Services and Supports Program

By notice contained in Medicaid Communication 14 – 15 issued on December 19, 2014, the State...

Dec

Congress Passes the ABLE Act, Permitting the Disabled to Own Savings Accounts while Preserving Eligibility for Public Benefits

Earlier in December, Congress passed the Achieving a Better Life Experience Act of 2014, or...

Dec

Reduction in Care Services Rejected Unless Supported by Improvements in Recipient’s Medical Condition

Plaintiff, D.W., is a 48 year-old woman with Down’s Syndrome and the mental capacity of...

Dec

Disabled Children of Military Families Allowed to pay Military Survivor Benefits into Special Needs Trust

On December 12, 2014, Congress passed the National Defense Authorization Act of 2015 (NDAA). Among...

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