Category

Medicaid
05
Mar

SSA Must Now Provide Reasons for Claim Denials With Citations To Regulations When A Trust Causes SSI Ineligibility  

March 5, 2016
The Social Security Administration (SSA) recently published new guidelines mandating that the agency issue detailed...
25
Jan

Medicaid Denial Reversed; Agency Failed to Accommodate Disabled Applicant or Assist in Obtaining Information and Documents

January 25, 2016
After he was admitted to a nursing home in 2013, petitioner, R.P., accrued unpaid bills...
18
Jan

Medicaid’s Decision to Deny Disabled Woman’s Application for a Power Wheelchair is Vacated on Appeal

January 18, 2016
M.S. is a 73-year old residing in at a long-term care facility. She is a...
05
Jan

Roundup of Key Elder Law Numbers for 2016

January 5, 2016
Below are figures for 2016 that are frequently used in the elder law practice or...
22
Dec

SSA Publishes Regulations for ABLE Accounts Owned by SSI Recipients

December 22, 2015
As explained in previous blog posts here, here and here, an Achieving a Better Life...
13
Dec

Special Needs Trust Lacking Payback Provision Countable

December 13, 2015
In this case, a Medicaid application filed by the beneficiary of a special needs trust...
24
Nov

Attorney Who Provided Flawed Medicaid Planning Advice by Counseling Against Life Estate Liable For Legal Malpractice

November 24, 2015
Marie Brissette and her husband consulted attorney Edward Ryan for advice about how to protect...
23
Nov

Administrator of Estate Lacked Standing to Appeal Medicaid Denial

November 23, 2015
A court in Connecticut ruled that the administrator of an estate lacked standing to appeal...
17
Nov

Reporting Requirements for SSI Recipients

November 17, 2015
The Social Security Administration (SSA) requires periodic reports from all recipients of Supplemental Security Income...
04
Nov

Medicaid Not Required to Consider Applicant’s Trust Reformed by a Court During the Look-Back Period

November 4, 2015
An appeals court holds that the Massachusetts Medicaid is not required to recognize the reformation...
02
Nov

Appellate Division Rejects Estate’s Challenge to DMAHS and DDD Claims for Reimbursement of Benefits Paid to Decedent

November 2, 2015
The decedent, Tracy Solivan, had been disabled at birth as a result of medical malpractice...
14
Sep

Reduction in PCA Hours Reversed; Assessment Tool Imposed Artificial Cap of 25 Hours of Care

September 14, 2015
The decision by respondent, United Healthcare, a managed care organization, to reduce the Personal Care...
03
Sep

Federal Appeals Court Rules Short-Term Annuities Are Not “Available Resources” Preventing Medicaid Eligibility

September 3, 2015
In a 2 to 1 precedential decision by the United States Court of Appeals for...
02
Sep

Medicaid Gift Penalty May Not Be Reduced If Some, Or All, Of The Gifted Assets Are Returned

September 2, 2015
The Superior Court of New Jersey, Appellate Division, affirmed a decision of the Director of...
14
Aug

Penalty Imposed For Medicaid Applicant’s Transfer of Assets To Disabled Veteran

August 14, 2015
Federal court rules that federal law does not require a State to disregard a transfer...
04
Jun

SSA Clarifies Its Position on Court-Established Special Needs Trusts

June 4, 2015
After advocates criticized the Social Security Administration (SSA) for refusing to allow court-established Special Needs...
02
Jun

No Reduction In Medicaid’s Transfer Penalty Unless ALL Transferred Assets Are Returned To The Applicant

June 2, 2015
In the C.C. v. Division of Medical Assistance and Health Services case, plaintiff filed an application...
21
May

Top 10 New Jersey Elder Law and Special Needs Planning Cases Decided in 2014

May 21, 2015
The 17th Annual Elder Law Retreat, presented by the New Jersey State Bar Association Elder and...
26
Mar

Understanding ABLE: Achieving A Better Life Experience Act Explained

March 26, 2015
  The Achieving a Better Life Experience (ABLE) Act became law on December 19, 2014....
27
Feb

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

February 27, 2015
Here are checks from the State of New Jersey issued to plaintiffs’ counsel as a...
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