Elder and Disability Law News for March 2019 from the Law Office of Donald D. Vanarelli
You are invited to attend our upcoming Free Seminar – “Planning for the Catastrophic Costs of Long-Term Care” on Wednesday, April 3, 2019, at 4:00 PM at the Law Office of Donald D. Vanarelli, 242 St. Paul Street, Westfield, NJ 07090. Light food and drink will be served. Please join Donald D. Vanarelli, Esq., Certified Elder Law.. read more →
Congressman John Garamendi, D-CA, recently introduced the Fair COLA for Seniors Act, H.R. 1553, to end inadequate retirement cost-of-living adjustments (COLAs) that don’t account for the effects of inflation on older Americans. H.R. 1553 would require a switch to the Consumer Price Index for the Elderly (CPI-E) from the Consumer Price Index for Urban Wage.. read more →
Special Needs Planning News for March 2019 from the Law Office of Donald D. Vanarelli
For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services _______________________________________________ ABOUT DONALD D. VANARELLI Donald D. Vanarelli has been a practicing attorney since 1983 in New Jersey and New York. Don provides legal services in the areas of elder law, estate planning, trust administration, special education,.. read more →
Free Seminar “Planning For The Catastrophic Costs Of Long-Term Care” Wednesday, April 3, 2019 4:00 PM Free Seminar Law Office of Donald D. Vanarelli 242 St. Paul Street Westfield, NJ 07090 Health care issues increase as we age, and become more complex. Please join Donald D. Vanarelli, Esq., Certified Elder Law Attorney,.. read more →
The Social Security Administration (SSA) is proposing regulations which may make it more difficult for people who don’t speak English to qualify for disability benefits. Under planned regulations released February 01, 2019, the SSA would no longer consider a person’s “inability to communicate in English” when reviewing applications, both for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits. The.. read more →
For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services _______________________________________________ ABOUT DONALD D. VANARELLI Donald D. Vanarelli has been a practicing attorney since 1983 in New Jersey and New York. Don provides legal services in the areas of elder law, estate planning, trust administration, special education,.. read more →
This blog post discusses recent changes in how the Social Security Administration (SSA) evaluates disbursements from trusts, particularly special needs trusts. SSA regulations are published by the agency and compiled in the Program Operations Manual System (POMS). The POMS is a primary source of information used by Social Security employees to process claims for Social.. read more →
For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning _______________________________________________ ABOUT DONALD D. VANARELLI Donald D. Vanarelli has been a practicing attorney since 1983 in New Jersey and New York. Don provides legal services in the areas of elder law, estate planning, trust administration, special education, special.. read more →
Social Security Disability Insurance (SSDI) is one of the major federal programs that provides monetary assistance to people with disabilities. Supplemental Security Income (SSI) is a federal program that helps people with disabilities and very low income and assets pay for food and shelter. SSDI is often confused with SSI. Although both programs pay benefits to.. read more →
Elder and Disability Law News for January 2019 from the Law Office of Donald D. Vanarelli
_______________________________________________ ABOUT DONALD D. VANARELLI Donald D. Vanarelli has been a practicing attorney since 1983 in New Jersey and New York. Don provides legal services in the areas of elder law, estate planning, trust administration, special education, special needs planning and trial advocacy, including probate litigation, will contests, contested guardianships and elder abuse trials. Don is.. read more →
Is your medical item or service covered by Medicare Part A and/or Part B? Now there’s a quick way to check! Medicare’s free “What’s Covered” app delivers accurate cost and coverage information right on your smartphone. Now you can quickly see whether Medicare covers your service in the doctor’s office, the hospital, or anywhere else.. read more →
Nursing Home Resident’s Son Who Filed A Medicaid Application Which Was Denied Did Not Breach Admissions Agreement
A New Jersey appeals court held that a nursing home is not entitled to summary judgment in a case alleging breach of the admissions agreement against a resident’s son based solely on the fact that Medicaid denied the resident’s application due to excess resources. Meridian Nursing and Rehabilitation Inc. v. Skwara (N.J. Super. Ct., App. Div., No… read more →
M.K. resided in an assisted living facility (ALF) since 2006. She applied for Medicaid benefits and was approved as of May 1, 2015. Due to the income limitations of the Medicaid program, M.K. deposited all of her income in a Qualified Income Trust, or QIT. By doing so, income deposited in the QIT was not.. read more →
A Massachusetts trial court ruled that a Medicaid hearing examiner should have accepted evidence that a Medicaid applicant’s transfer of her house fell under the caretaker child exception and that the applicant’s other transfers were not made in order to qualify for Medicaid. Coko v. Daniel Tsai, Director of the Office of Medicaid (Essex Sup. Ct… read more →
Shared with permission of Veterans Information Services, Inc. and the Creators of VisPro. Copyright: Veterans Information Services, Inc. Website: www.info4vets.com For additional information concerning VA compensation and pension benefits, visit: VA Compensation and Pension Benefits The Law Office of Donald D. Vanarelli website: Home read more →
After L.K.’s representative filed for Medicaid benefits, Medicaid sent a checklist of documents to be provided within thirty days, including American Funds account statements. Five months later, Medicaid sent a second letter, again seeking the same documents, again within thirty days. After that deadline passed, L.K’s representative sent some of the account statements and advised.. read more →
For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →
On December 18, 2018, I presented at the 2018 Elder Law College given by the New Jersey Institute for Continuing Legal Education at the Crowne Plaza, located at 690 Route 46 East, Fairfield, New Jersey. Basically, my presentation was an overview of the laws governing Medicaid Planning by Guardians in New Jersey. (I first wrote about the.. read more →
A New Jersey appeals court held that the state was not required to assist a Medicaid applicant by obtaining debit card statements from her bank to verify her application. C.F.J. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., App. Div., No. A-4385-16T4, Dec. 11, 2018). C.F.J. entered a nursing home and applied for.. read more →
Wyoming’s highest court ruled that the state should not have denied a Medicaid applicant’s request to reduce her penalty period because her sons partially returned transferred assets by paying her attorneys’ fees. Anderson v. State of Wyoming (Wyo.,No. 2018 WY 135, Dec. 4, 2018). Nursing home resident Lucile Anderson transferred cash and property to her sons… read more →
Kansas’s highest court suspended for six months an attorney who, among other things, charged a couple three times the going rate to qualify for public benefits based upon financial need from the Veterans Administration (VA) and Medicaid. In the Matter of Crandall (Kan., No. 117,910, Nov. 30, 2018). A couple hired David Crandall to update their.. read more →
Petitioner was admitted to Monmouth Medical Center. Thereafter, petitioner was discharged to Liberty Royal Rehabilitation and Health Care Center (Liberty Royal), a Medicaid certified nursing home. Less than one week later, he was transferred to Crystal Lake Nursing and Rehabilitation Center (Crystal Lake), another Medicaid certified nursing home. Petitioner remained at Crystal Lake until his.. read more →
Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2018 Elder Law College given by the New Jersey Institute for Continuing Legal Education on December 18, 2018 at the Crowne Plaza, located at 690 Route 46 East, Fairfield, New Jersey. Mr. Vanarelli will provide an overview of the laws governing Medicaid Planning by Guardians in.. read more →
For additional information concerning elder abuse actions, visit: Will Contests, Probate Litigation and Elder Abuse Actions read more →
In 2002, J.S., a Medicaid applicant, created an irrevocable trust naming his son K.S. as trustee. Under the terms of the trust, all of the annual net income generated by the trust was to be paid to J.S., while the beneficiaries of the trust corpus was K.S. and his family. The trust gave the trustee.. read more →
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