Category

Medicaid
10
Jun

Court Denies Preliminary Injunction to Prevent New Jersey Medicaid from Counting Annuity as Available Resource

June 10, 2014
A federal district court in New Jersey ruled that a Medicaid applicant was not entitled...
03
Jun

NJ Federal Court Awards Medicaid, Excluding Entire VA Pension Benefit from Countable Income

June 3, 2014
Hon. Robert B. Kugler, United States District Judge for the District of New Jersey, reversed...
14
May

Using Flawed Reasoning, NJ Medicaid Denies Benefits To A Wartime Veteran’s Widow By Incorrectly Counting VA Pension As Income

May 14, 2014
Although the petitioner in this case, A.G., succeeded in obtaining Medicaid benefits after filing a...
04
May

12 Things You May Not Know About The Affordable Care Act

May 4, 2014
The Affordable Care Act (ACA) is an historic effort by the government to extend medical...
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...
31
Mar

Effective April 1, 2014, New Jersey Substantially Increases the Medicaid Penalty Divisor

March 31, 2014
As a result of the advocacy efforts by several New Jersey elder law attorneys following a...
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...
26
Feb

Why Your Medicaid Application Should Be Entrusted To An Elder Law Attorney

February 26, 2014
What Is Medicaid? Medicaid is a government program through which many elderly and disabled people...
25
Feb

CMS Provides Guidance on Application of Medicaid’s Estate Recovery and Asset Transfer Rules to Medicaid Recipients Eligible Under The Affordable Care Act

February 25, 2014
The Centers for Medicare and Medicaid Services (CMS) has released a letter (CMS Letter SMD-14-001)...
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...
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 ...
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...
19
Dec

Special Needs Planning During And After Marriage

December 19, 2013
(Recently, I was the featured speaker at a meeting of the New Jersey Association of...
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...
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