Between April 2, 2018 and April 11, 2018, the New Jersey Superior Court, Appellate Division, issued six separate opinions involving Medicaid. While this is unusual, what is even more striking is that all six cases involve the same appellate court panel, and the same attorney representing each of the appellants. In these cases, the law.. read more →

After J.C. was admitted to a nursing facility, her son, S.C., submitted an application to the Camden County Board of Social Services for Medicaid benefits on her behalf. The county welfare board notified J.C. that she was eligible for long-term care benefits but her transfer of assets for less than full market value during the.. read more →

A.S.’s nephew and power of attorney designated Senior Planning Services (“SPS”) as A.S.’s authorized representative for establishing Medicaid eligibility. In SPS filed a Medicaid application, which was denied for excess resources on December 10, 2012. After SPS filed a request for a fair hearing but before the fair hearing was scheduled, A.S. died, and SPS.. read more →

There were three Medicaid applications filed on behalf of E.M. The first was filed in 2012 by his daughter, after his admission to a subacute care center. At the time, E.M. was suffering from dementia and was on a ventilator and feeding tube. This Medicaid application was denied for failure to provide documents to Medicaid,.. read more →

D.G. was declared legally incapacitated, and her son was appointed as her guardian. Her son designated an attorney from the firm of Peluso, Castelluci & Weintraub as D.G.’s representative for purposes of a Medicaid application. The attorney filed a Medicaid application in April 2013. In July 2013, D.G.’s son (her guardian) died unexpectedly. D.G.’s daughter.. read more →

After A.S. entered a nursing home, her son T.S. applied for Medicaid benefits on her behalf, listing A.S.’s sister’s address on the application. In June 2013, because the necessary financial information was not provided, Medicaid notified T.S. that the application was dismissed, and that T.S. had a right to request a fair hearing. However, T.S… read more →

On February 1, 2016, a Medicaid application was filed on behalf of W.S. by Hammonton Center for Rehabilitation and Healthcare as his authorized representative. On June 21, 2016, the application was denied for failure to provide information necessary to make an eligibility determination. The information outstanding consisted of bank statements from an ING Direct account… read more →

Our law firm has created a number of Legal Guides for our clients and website guests to provide a better understanding of important and often complex legal subjects. The Legal Guides are offered free of charge. One of the Legal Guides available to the public discusses The Basic Rules of Medicaid Eligibility. For practical purposes, in.. read more →

The Achieving a Better Life Experience (ABLE) Act allows people with disabilities who became disabled before they turned 26 to set aside up to $15,000 per year in tax-free savings accounts without affecting his or her eligibility for government benefits like Medicaid and Supplemental Security Income (SSI). This money can come from the disabled individual.. read more →

Because K.K. was a legal permanent resident (LPR) of the United States before August 22, 1996, the Superior Court, Appellate Division, reversed a Medical denial based on the agency’s error in finding that the applicant “had not been a permanent resident for five years or more.” K.K. v. Division of Medical Assistance and Health Services,.. read more →

Recently, the Social Security Administration (SSA) published Transmittal No. 74, revising Part 05 of SSA’s Program Operations Manual System (POMS) covering Resource Exclusions in the Supplemental Security Income (SSI) Program pertaining to Achieving a Better Life Experience (ABLE) Accounts.  In the introduction to the new ABLE POMS, SSA said: Background This transmittal includes the current published guidance.. read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning   read more →

Join us, at our Law Office at 242 St. Paul Street, Westfield, NJ Free Seminar on Paying for Long-Term Care Friday, April 20th, at two (2) convenient times: 8:00 – 9:30 a.m., or 5:00 – 6:30 p.m. Many factors — illness, incapacity and the need for long-term care — can leave a family’s finances in disarray. Fortunately,.. read more →

Our law firm has created a number of Legal Guides for our clients and website guests to provide a better understanding of important and oftentimes complex legal subjects. The Legal Guides are offered free of charge. One of the Legal Guides available to the public discusses Special Needs Trusts and Special Needs Planning. Parents of children.. read more →

Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will provide an overview of the use of Special Needs Trusts (SNTs) by disabled persons so as to prevent an applicant’s financial assets and income from impacting eligibility for needs-based public benefits such as Supplemental Security Income (SSI), Medicaid, services from the Division of Developmental Disabilities (DDD), Section 8 Housing and.. read more →

I came across the 2018 version of a Social Security Administration (SSA) publication below. Not only has the agency updated the publication to include Special Needs Trusts, but SSA added information about Achieving a Better Life Experience (ABLE) accounts as well.  And the agency included hyperlinks to other helpful information. This may assist applicants with.. read more →

A.M. appealed a gift penalty imposed by the Medicaid agency based on a transfer of assets. The penalty was imposed based on $100,000 in distributions to beneficiaries of an irrevocable trust established by A.M. with her assets. A.M. asserted that the transfer penalty was inappropriate because she established the trust and transferred assets into the.. read more →

Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will facilitate a discussion at the upcoming  “Unprogram” presented by the New Jersey Chapter of the National Academy of Elder Law Attorneys on April 25, 2018 at the Wyndham Hotel in the Philadelphia Historic District, 400 Arch St., Philadelphia, PA. The UnProgram is a forum in which elder law practitioners.. read more →

For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services read more →

Below, in chronological order, is the annual roundup of the top 10 elder law decisions in the U.S. for the year just ended, as measured by the number of “unique page views” of the summary of each case found on the ElderLawAnswers website. ElderLawAnswers is a web-based resource available for those in the public seeking information on.. read more →

D.B., who suffered from schizophrenia, was involuntarily committed to Newton Medical Center’s short-term care facility (“STCF”) after being screened by a psychiatric emergency screening service (“PESS”). He was indigent and he completed an application under New Jersey’s Charity Care Program to cover his hospital bill, but the hospital rejected his application for failure to provide.. read more →

For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →

Although it is common practice to add the name of a family member to a bank account as a convenience, the existence of a “convenience” account can have negative results when that family member applies for Medicaid benefits. In F.J. v. Division of Medical Assistance and Health Services, the applicant’s daughter testified that she opened.. read more →

A New Jersey appeals court upheld the denial of Medicaid benefits to an applicant who failed to provide necessary verifications, rejecting the claim that the Medicaid agency’s failure to assist with the application prejudiced the applicant. P.B. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., App. Div., No. A-5405-15T2, Dec. 8, 2017). P.B.’s daughter.. read more →

Before Mr. Trotman was admitted to a nursing home, he resided in a home that he owned. He had difficulty maintaining the home and paying the bills, so his daughter began paying his bills in 2007. In December 2011, Mr. Trotman asked his daughter to assume full responsibility for the property, which then was also.. read more →