For additional information concerning Medicaid applications and appeals, visit: NJ Medicaid Applications read more →

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

An appeals court held that an agreement to apply for Medicaid benefits for a nursing home resident made by the resident’s guardian or family members may be legally enforceable by the nursing facility in which the resident resides. Pine Brook Care Center v. D’Alessandro, Docket No. A-3197-18T1 (NJ Appellate Division, November 23, 2020) In April.. read more →

In a recent case, the Court of Appeals for the Federal Circuit ruled that service in the state National Guard, including a period of active duty for training, without disability incurred or aggravated in line of duty, did not achieve “veteran” status for purposes of non-service-connected survivors pension and burial benefits. Perry v. Wilkie (Court.. read more →

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

Every year we release the key dollar amounts that are frequently used in elder law, estate administration and special needs trust planning, including Medicaid figures, Medicare premiums, Social Security Disability and Supplemental Security Income. Be sure to check back often, as we will add any information that has not yet been released and update the.. read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services read more →

A U.S. district court dismissed fraud claims based on the unauthorized practice of law against a New Jersey company that provided assistance to Medicaid applicants, ruling that the estate of a nursing home resident did not provide evidence that the company misled the estate about performing legal work for it. The Estate of Cotton v… read more →

Although a Medicaid lien on the proceeds of a settlement in a personal injury action was satisfied before the net settlement funds were transferred to a Special Needs Trust (SNT), the State is not precluded from seeking upon the death of the SNT beneficiary repayment of Medicaid expenditures made on the beneficiary’s behalf after the creation.. read more →

Law Office of Donald D. Vanarelli would love your feedback. Please Post a review to our profile: https://g.page/VanarelliLaw/review?rc For additional information concerning New Jersey elder law, visit: NJ Elder Law and Estate Planning Services read more →

On October 15, 2020, Attorney Donald D. Vanarelli, Esq. presented a live Webinar in which attendees learned how to Protect their Assets from the Catastrophic Costs of Probate, Long-Term Care and Nursing Home Expenses. Webinar Topics Included: Care options and typical costs of care in New Jersey in various settings. How to qualify for government.. read more →

Tax Benefit Checklist for Families Caring for Special Needs Children Unique tax benefits are available to families with individuals who have special needs. A checklist compiled by Thomas M. Brinker, Jr., a professor of accounting at Arcadia University in Pennsylvania, of some potential tax benefits that could be available to families who care for a special.. read more →

 22nd Annual Elder And Disability Law Symposium The COVID Cloud: Pandemic Practice Tips for the Elder Law and Special Needs Practitioner Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 22nd Annual Elder and Disability Law Symposium to be held via ZOOM Webinar on December 1, 2020 by the New Jersey State Bar Association Elder.. read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning For additional information concerning VA compensation and pension benefits, visit: VA Compensation and Pension Benefits read more →

  Find out how you can save money with disability-related expenses by having an ABLE account. For more information, go to https://www.irs.gov/taxreform. #disability #ABLE #IRS Resources on the IRS website concerning ABLE accounts: Tax law changes enable eligible people with Achieving a Better Life Experience (ABLE) accounts to put more money into their ABLE account and.. read more →

For additional information concerning elder abuse actions, visit: Will Contests, Probate Litigation and Elder Abuse Actions   For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services   For additional information concerning Medicaid and public benefits planning, visit: NJ Medicaid and Public Benefits Planning read more →

The Internal Revenue Service issued final regulations this month providing details about how Achieving a Better Life Experience (ABLE) accounts should operate. ABLE accounts are designed to help people with disabilities and their families save up to $100,000 without risking eligibility for Supplemental Security Income (SSI) and other government benefits based on financial need. Medicaid can.. read more →

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

The Seventh Circuit vacated a district court decision that allowed an Indiana Medicaid recipient to hire her own in-home health care providers as a reasonable accommodation under the Americans with Disabilities Act, holding that more evidence was needed to determine if the recipient’s request can be granted consistent with federal requirements for funding. Vaughn v. Walthall (U.S… read more →

The Director of the Medicaid agency in New Jersey held that income in a Qualified Income Trust which was used to pay the room and board fee for a resident of an assisted living facility was not countable in determining the resident’s eligibility for Medicaid benefits. H.H. v. Monmouth County Board of Social Services – Final.. read more →

New York was the only state that didn’t have a look-back period for Medicaid home care, but that is now changing. New York Medicaid applicants will no longer be eligible for home care if they gave away assets within 30 months of applying. Medicaid, unlike Medicare, is a public benefit program based upon financial need,.. read more →

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

E.H., a 78 year old female, received $1,471.50 in monthly social security benefits. On April 1, 2019, E.H.’s checking account, contained $1,991.78. On April 4, 2019, E.H. applied for benefits under New Jersey’s Family Care Aged, Blind and Disabled Medicaid program. As part of her Medicaid application, E.H. submitted a pre-paid burial contract. Although pre-paid.. read more →

 Upcoming FREE Webinar Learn How to Protect Your Assets from the Catastrophic Costs of Probate, Long-Term Care and Nursing Home Expenses Date: October 15, 2020 at 4:00 PM Eastern Time (expected to last approximately 2 hours, depending on Q & A) Attorney Donald D. Vanarelli, Esq. will present at the Live Webinar. Don is a.. read more →

A federal court awarded surviving spouse benefits to the surviving partner of a same-sex couple who were prohibited from marrying because of now-unconstitutional state law that banned same-sex marriage. Thornton v. Commissioner of Social Security, Case No. C18-1409JLR, (U.S. District Court, Western District of Washington, September 11, 2020) Helen Josephine Thornton and her partner, Margery.. read more →