Category

Governmental or Public Benefit Programs
10
Feb

Effect Of Payment Of Home Expenses By A Special Needs Trust On Eligibility For Public Benefits

February 10, 2011
(The folowing is part of a discussion, taken from a listserv, or electronic bulletin board,...
17
Dec

Special Needs Trusts: Background

December 17, 2010
A self-settled special needs trust is exempt from being counted as a “resource,” for purposes...
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...
06
Dec

How Does The Social Security Administration Evaluate Claims For Disability Benefits?

December 6, 2010
Under the rules governing the Social Security Administration (SSA), “disability” is defined as “the inability...
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...
18
Nov

The Frustrating Tale Of A Retired Firefighter Repeatedly Denied The Right To Plan His Estate To Benefit His Severely Disabled Child

November 18, 2010
Thomas Saccone is a retired Newark, NJ firefighter. He and his wife’s only son, Anthony,...
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...
06
Aug

A Case Study Involving Social Security and SSI Benefits, An Overpayment, Divorce, A Special Needs Trust And A Successful Effort To Increase The SSI Monthly Benefit Amount

August 6, 2010
I don’t usually blog about the Social Security cases my law firm handles, although we...
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...
18
Jun

Proposed Treasury Regulations Concerning Paper Social Security / SSI Checks

June 18, 2010
The Treasury Department has issued a Notice of Proposed Rule-Making (75 Fed. Reg. 34394 (June...
04
Jun

What Do The Letters After A Social Security Or Medicare Number Mean?

June 4, 2010
This situation has occurred many times over the years: a client gives me a copy...
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...
18
May

New Regulations Prevent Debt Collectors From Seizing Federal Benefits Deposited Into Bank Accounts

May 18, 2010
The Treasury Department and the four major benefit agencies, the Social Security Administration, the U.S....
29
Apr

Upcoming Changes To Medigap Insurance

April 29, 2010
Medicare is the federal government’s health care insurance program for people age 65 and over,...
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...
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