Category

Governmental or Public Benefit Programs
20
Oct

Appellate Court Reverses The Imposition Of A Period Of Medicaid Ineligibility Resulting From The Transfer Of Family Home To A Sibling

October 20, 2009
In A.P. v. Division of Medical Assistance and Health Services, the Appellate Division of the...
17
Oct

Federal Judge In New Jersey Appears Poised To Enjoin The State From Denying Medicaid Eligibility To An Applicant With An Annuity

October 17, 2009
In June 2009, plaintiff, Daisy Jeanne Prall, applied for nursing home Medicaid benefits with the...
25
Sep

Second Circuit Rules That Income Received By An Institutionalized Person And Then Placed Into A Special Needs Trust Is Countable By Medicaid

September 25, 2009
On June 22, 2009, the United States Court of Appeals for the Second Circuit affirmed...
23
Sep

Resolution To Reform Harsh Practices By Assisted Living Facilities Passes New Jersey Assembly

September 23, 2009
Like most other states, New Jersey’s system of regulating assisted living facilities provides little meaningful...
22
Sep

Preliminary Injunction Blocks California From Reducing Medicaid Benefits Due To Budget Cuts

September 22, 2009
On September 10, 2009, a federal district court in Northern California issued a preliminary injunction...
21
Sep

U.S. Uninsured Total Tops 46 million, With More Americans Insured By Government Health Programs And Fewer By Employer-Sponsored Plans

September 21, 2009
The September 21, 2009 edition of amednews.com, the internet version of American Medical News, published...
09
Sep

Federal Appeals Court Rules That Assets In A Special Needs Trust Are Countable Resources Under Medicaid

September 9, 2009
In a ruling seen as a major setback for disabled individuals and their families, on...
28
Aug

Average Processing Time For Appeals Filed In Social Security's Office Of Hearings And Appeals In Newark NJ – Ever Higher!

August 28, 2009
Each month, the Social Security Administration (SSA) produces a report ranking all of the hearings...
23
Aug

Millions Of Retired And Disabled Social Security Beneficiaries Face Shrinking Social Security Checks Next Year

August 23, 2009
About 50 million retired and disabled Americans receive Social Security benefits. The average monthly benefit...
07
Aug

Superior Court Judge in Monmouth County Authorizes The Establishment Of Third Party Special Needs Trusts Within An Intestate Estate

August 7, 2009
As reported on my blog, Judge John Malone, Presiding  Judge of the Chancery Division of...
04
Aug

Estate and Elder Law Planning for Lesbian, Gay, Bisexual and Transgender Seniors

August 4, 2009
The National Center for Lesbian Rights (NCLR) is a national non-profit, public interest legal organization...
27
Jul

Eligibility for Stimulus Payment After May 2009

July 27, 2009
The economic stimulus legislation enacted in February 2009 provides a one-time payment of $250.00 to...
18
Jul

Divorcing Couple Cannot Shield Funds Held In Escrow From Being Counted In Determining SSI Eligibility Under Recent Federal Court Case

July 18, 2009
The Third Circuit Court of Appeals recently ruled that the proceeds from a home sale...
09
Jul

Top 10 Winning Arguments When Appealing From An ALJ's Denial Of A Social Security Or SSI Disability Claim

July 9, 2009
Here are 10 arguments that can be used effectively when appealing the denial of a...
02
Jul

Does A Disabled Child Receiving SSI And Medicaid Remain Eligible For Medicaid After Beginning To Receive SSD Under A Parent’s Work Record?

July 2, 2009
The following excerpt is taken from a discussion between elderlaw attorneys recently posted on a...
27
Jun

Social Security's List of "Best Practices for SSA Claimants' Representatives"

June 27, 2009
The Office of Disability Adjudication and Review (ODAR) administers the hearings and appeals program for...
21
Jun

Aging in America: Caring for Mom and Dad

June 21, 2009
With more Americans living well beyond their 70s, more adult children are now left in...
15
Jun

Georgia Case Addresses The Impact Of VA Aid and Attendance Benefits On Medicaid Eligibility

June 15, 2009
A May 27, 2009 Administrative Law decision in Georgia addresses the impact of Veteran’s Administration...
10
Jun

Jersey Hospitals Facing Loss Of Millions In Medicaid Funds

June 10, 2009
According to the June 8, 2009 edition of the Star-Ledger newspaper, two-thirds of New Jersey’s...
26
May

NJ Appeals Court Rules That A Transfer of Assets Was Post-DRA Because It Occured When Checks Were Cashed, Not Written

May 26, 2009
A New Jersey appeals court held earlier this month that a Medicaid applicant’s transfer of...
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