Category

Medicaid
14
Dec

Top 12 New Jersey Elder Law Cases Decided In 2010

December 14, 2010
Here are my selections for the top ten (10) twelve (12) New Jersey elder law...
26
Nov

Ohio Violated Federal Law In Counting Annuity Purchased By Community Spouse

November 26, 2010
Ohio’s First District Court of Appeals has joined other state and federal courts across the...
24
Nov

Court Finds Medicaid Applicant Eligible For Benefits; Her Bank’s Lack Of Cooperation Prevented Applicant From Accessing Her Accounts

November 24, 2010
A.D., a retired physician, began residing at Bergen Regional Medical Center (Bergen Regional), a nursing...
01
Nov

Judge Awards Benefits To Medicaid Applicant Who Made A Gift “Exclusively For A Purpose Other Than To Establish Medicaid Eligibility”

November 1, 2010
My law firm recently was successful on appeal in overturning the denial of Medicaid eligibility...
02
Sep

My Latest Article, Entitled “Client Capacity – Assessment and Advocacy,” Published In The New Jersey Lawyer Magazine

September 2, 2010
Lawyers who regularly deal with elderly and disabled clients like I do often confront the...
03
Jul

New POMS On Early Termination Of Special Needs Trusts

July 3, 2010
Many third-party and self-settled special needs trusts (SNTs) contain “termination on ineligibility and distribute to...
04
Jun

New Jersey Rewrites The Rules Concerning Gifts Made By Medicaid Applicants Which Are Later Returned

June 4, 2010
As many readers know, Medicaid applicants are subject to the imposition of a penalty, or...
12
Apr

Assets Belonging To Incompetent Medicaid Recipient Discovered By Children Who Had Power Of Attorney Held Countable

April 12, 2010
A North Carolina appeals court recently held that assets owned by an incompetent Medicaid recipient...
11
Apr

Federal District Court Permanently Enjoins NJ From Imposing “Never Ending” Penalty For Gifts Made By Applicants For Services Under Medicaid Waiver Programs

April 11, 2010
Soon after the passage of the Deficit Reduction Act of 2005 (DRA), New Jersey’s Division...
09
Apr

My Paper On The Impact That Financial Exploitation Of An Elderly Person Has On Eligibility For Medicaid Benefits Was Published In The NAELA Journal

April 9, 2010
The Journal of the National Academy of Elder Law Attorneys (“NAELA Journal”) is a semiannual...
30
Mar

Medicaid Eligibility And The Pickle Amendment

March 30, 2010
Named after its Congressional sponsor and enacted in 1977, the Pickle Amendment created a separate...
29
Mar

Payment For Care Under A Contract Is Not Transfer For Fair Market Value And Results In A Penalty Period Under Medicaid

March 29, 2010
A New Jersey appeals court recently held that a life care contract between a nursing...
25
Mar

Son Not Liable For Unpaid Nursing Home Bill Even Though Transfer Of Father’s Home To Son Caused Father To Be Ineligible For Medicaid

March 25, 2010
Heriberto Pumarejo transferred the ownership of his home to his son, Herbert Pumarejo, Jr., for...
11
Mar

State Medicaid Directors Ask CMS To Change Annuity Rules

March 11, 2010
Conceding defeat in the courts, the National Association of State Medicaid Directors (NASMD) has sent...
26
Feb

Ignorance Isn't Bliss When You Apply For Medicaid

February 26, 2010
In what may be considered a victory of judicial deference over equity, this week our...
10
Feb

Plaintiff Stated A Claim Under The ADA When NJ Refused To Raise The Income Cap Which Excluded Him From A Community Medicaid Program

February 10, 2010
In Duffy v. Velez, Civ. No. 09 – 5539 (D.N.J. 2010), plaintiff was a disabled...
29
Dec

The Top 10 (NOT; Actually, The Top 15) New Jersey Elder And Disability Law Cases in 2009

December 29, 2009
2009 was an exciting year of litigation in the elder and disability law arena, producing...
15
Dec

Medicaid Eligibility Denied Based Upon A Home Transfer To A "Caregiver Child" Who Was Employed Full-Time

December 15, 2009
(The A.N. case, described below, was decided on administrative appeal in 2007 and affirmed the...
10
Dec

SSI Basics

December 10, 2009
Supplemental Security Income (SSI) is a federal program that helps aged, blind and disabled people...
13
Nov

Federal Appeals Court Rules That Annuity Payments Made To The Spouse Of A Nursing Home Resident Are Not Countable By Medicaid

November 13, 2009
In Weatherbee v. Richman, 595 F. Supp. 2d 607 (W.D. Pa. 2009), the U.S. District...
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