Category

Medicaid
22
Jul

Federal Court Enjoins New Jersey From Counting Annuity Owned By Medicaid Applicant’s Spouse As An Available Resource

July 22, 2013
A federal district court judge in New Jersey granted a Medicaid applicant’s motion for a...
10
Jun

Court Finds Medicaid Applicant Who Paid Disabled Daughter’s Rent For Many Years Subject to Penalty Period

June 10, 2013
A Medicaid applicant who made payments to her daughter for more than four years and...
07
Jun

NJ Federal Judge Finds Annuity Purchased By Spouse Of Medicaid Applicant With Couple’s Excess Resources Is An Exempt Asset

June 7, 2013
A federal district court in New Jersey holds that an annuity purchased by the spouse...
28
May

SSA Revises Regulations, Permits First-Party Trusts to Pay for Non-Beneficiary Travel in Some Cases

May 28, 2013
The Social Security Administration (SSA) has revised its Program Operations Manual System (POMS) to allow...
09
May

Chancery Court Lacks Subject Matter Jurisdiction Over Medicaid Eligibility Determinations

May 9, 2013
New Jersey appeals court ruled that a Chancery court’s order holding that certain trust expenditures...
06
May

Elder Law College: Presentation on VA Benefits and Social Security Disability Benefits

May 6, 2013
Several months ago, I presented a program on Veterans Benefits and Social Security Disability Benefits...
04
May

Presentation on the Impact of Elder Law Issues on Divorce Mediation

May 4, 2013
On Saturday, April 27, 2013, I presented a session on the impact of elder law...
30
Mar

Reporting VA Pension with Aid and Attendance Supplement for Medicaid Purposes

March 30, 2013
The Department of Veterans Affairs (VA) is causing Medicaid applicants to be incorrectly denied benefits...
18
Mar

N.J. Supreme Court Grants Certification To Review State’s Refusal To Permit Retired Firefighter To Name Special Needs Trust As Beneficiary Of Pension For His Disabled Child

March 18, 2013
Recently, the New Jersey Supreme Court granted a Petition for Certification I filed asking the Court...
20
Feb

Medicaid Eligibility Under The “Undue Hardship” Exception

February 20, 2013
In the event of a Medicaid denial as a result of an unauthorized transfer or...
31
Dec

Niece Who Did Not Sign Admissions Agreement As "Responsible Party" For Aunt Is Not Liable For Aunt’s Unpaid Nursing Home Bill

December 31, 2012
A Rhode Island trial court holds that a niece who signed a nursing home admissions...
20
Dec

New Jersey Increases Medicaid Penalty Divisor, But Artificially Keeps The Rate Far Less Than The Actual Monthly Cost Of Nursing Home Care

December 20, 2012
New Jersey’s Medicaid rules are complicated, and seem like they’re always changing. One such change...
11
Dec

Elder Law College: Overview Of VA Benefits And Social Security Disability Benefits

December 11, 2012
(I recently presented a program on Veterans Benefits and Social Security Disability Benefits at the...
16
Nov

2013 SSI, Medicaid Spousal Impoverishment And Home Equity Standards Released

November 16, 2012
aThe Social Security Administration released the federal benefit rate for the 2013 Supplemental Security Income...
03
Oct

Top Ten (or so) New Jersey Elder and Disability Law Cases in 2012

October 3, 2012
(The 15th Annual Elder and Disability Law Symposium was held on October 3, 2012 at...
02
Oct

Second Circuit Affirms That Income Stream from Annuity Is Not an Asset for Medicaid Purposes

October 2, 2012
After John Lopes was admitted to a nursing home, his wife, Amelia, purchased a irrevocable,...
25
Sep

Recent Argument Before The Appellate Division In A Case Involving A Public Pension And A Testamentary Special Needs Trust

September 25, 2012
For the past several years, I have represented Thomas Saccone, a retired Newark, NJ firefighter...
19
Sep

Attaining Eligibility For Nursing Home Medicaid Using A Gift – Annuity Strategy

September 19, 2012
Medicaid is a joint federal and state program that provides a funding source to pay...
29
Jun

In 5 to 4 Ruling, United States Supreme Court Upholds Affordable Care Act

June 29, 2012
In a landmark ruling released on Thursday, June 28, 2012, the United States Supreme Court...
25
Jun

Ruling by the 3rd Circuit Outlaws State Restrictions On Special Needs Trusts, Holding State Law Is Prempted By Federal Law

June 25, 2012
In a recent precedential decision, the United States Court of Appeals for the Third Judicial...
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