Category

Elder Law
01
May

Payments Made By Medicaid Applicant To Family Member Under Care Agreement Were Uncompensated Transfers, Subject to Penalty Period

May 1, 2014
A New Jersey appeals court held that payments made by a Medicaid applicant to her...
20
Mar

Video of Presentation for Monmouth County Bar Family Law Committee on “Pensions and Special Needs Trusts”

March 20, 2014
  Summary of Presentation: Pensions and Special Needs Trusts Special Needs Trusts (SNTs): Special needs...
02
Mar

Making Appropriate Disbursements From First Party Special Needs Trusts

March 2, 2014
A Special Needs Trust, sometimes called a Supplemental Needs Trust (SNT), is a trust designed...
23
Feb

Update On Federal Class Action Lawsuit To Prevent NJ From Counting VA Pension In Determining Medicaid Eligibility

February 23, 2014
I. The Facts. Plaintiff, Alma Galletta, who suffers from a variety of medical impairments, is...
17
Feb

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

February 17, 2014
Video of Oral Argument before the New Jersey Supreme Court in Thomas Saccone v. Board...
11
Feb

The Top 10 Elder Law Court Rulings of 2013

February 11, 2014
The annual roundup of the top 10 11 elder law decisions from across the country...
09
Feb

NJ Resident Found Eligible For Medicaid Despite Making A Gift And Owning An $80,000 Annuity

February 9, 2014
For the first time, the Division of Medical Assistance and Health Services (DMAHS), New Jersey’s ...
07
Feb

Photos From Our Supreme Court Oral Argument

February 7, 2014
On Thursday, February 4, 2014, I, along with amicus counsel, argued before the New Jersey...
06
Feb

Agenda Posted Outside of the New Jersey Supreme Court on Thursday, February 4, 2014

February 6, 2014
This is the agenda posted outside the New Jersey Supreme Court on Thursday, February 4,...
05
Feb

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

February 5, 2014
(A news report published in the New Jersey Law Journal on yesterday’s oral argument in...
04
Feb

Opening Statement Made Before New Jersey Supreme Court In Special Needs Trust Case

February 4, 2014
On February 4, 2014, Donald Vanarelli, Esq. argued before the New Jersey Supreme Court on behalf...
27
Jan

Medicaid Agency Not Bound By Court Order Of Support For Community Spouse Entered Without Notice To Agency

January 27, 2014
In this case, the Superior Court of New Jersey, Appellate Division, held that the state...
26
Jan

New Jersey Supreme Court Tentative Argument Schedule for February 4, 2014

January 26, 2014
(From the website of the New Jersey Judiciary) The following is the Supreme Court’s schedule...
21
Jan

Federal Court Holds Short-Term Annuities Purchased By Medicaid Applicants Constituted Improper Transfers Of Assets

January 21, 2014
A federal district court in Western Pennsylvania held that the purchases of single premium immediate...
16
Jan

Overview of the Supplemental Security Income Program

January 16, 2014
Supplemental Security Income (SSI) is a cash assistance program funded and administered by the federal...
17
Nov

Court Denies NJ’s Motion To Dismiss Federal Class Action Lawsuit Alleging State Improperly Counted VA Pension In Denying Medicaid Eligibility

November 17, 2013
In a recent opinion, Hon. Robert B. Kugler, United States District Judge for the District...
13
Nov

Amicus Curiae Granted Permission To Appear Before The Supreme Court Regarding State’s Refusal To Permit Retired Firefighter To Name Special Needs Trust As Beneficiary Of Pension Benefit For His Disabled Child

November 13, 2013
On March 13, 2013, the highest court of our state granted my Petition for Certification,...
12
Nov

New Hampshire Law Gives Nursing Homes the Right to Sue Fiduciaries and Recipients of Gifts from Facility Residents

November 12, 2013
The New Hampshire legislature has enacted a new law that allows nursing homes to sue...
10
Nov

Court Finds State’s Failure To Render Final Decisions Within 90 Days Of Concluding Fair Hearings Violated Federal And State Law

November 10, 2013
In this case, the United States District Court for the Southern District of New York...
04
Sep

Transfers By Medicaid Applicant To Adult Disabled Children Are Exempt, Even Though Children’s Social Security "Disability" Benefits Were Converted To “Retirement” Benefits At Age 65

September 4, 2013
In an Initial Decision of the New Jersey Office of Administrative Law, Administrative Law Judge...
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