Category

Governmental or Public Benefit Programs
02
Dec

Public Benefits Basics – Social Security and SSI Benefits

December 2, 2008
Because much of the elder law practice population is elderly or disabled and at or...
09
Nov

New administrative law case disallows any reduction in a Medicaid penalty period based upon the return of gifted assets after a Medicaid application is filed

November 9, 2008
In E.S. vs. Division of Medical Assistance and Health Services, petitioner, a 91 year old...
03
Nov

I was a Speaker at the 2008 NAELA Advanced Elder Law Institute

November 3, 2008
This year, the National Academy of Elder Law Attorneys held its Advanced Institute in Kansas...
31
Oct

Social Security Benefits to Rise 5.8 Percent, Biggest Leap Since 1982

October 31, 2008
The nation’s roughly 53 million elderly and disabled Social Security recipients will get their biggest...
29
Oct

New Medicaid Planning Strategy Held To Be Valid In New Jersey In An Important New Case

October 29, 2008
As I reported in a May 22, 2008 blog posting several months ago, I received a...
27
Oct

Medicaid Spousal Impoverishment Figures for 2009 Released by CMS

October 27, 2008
Updated Figures for 2009. The Centers for Medicare & Medicaid Services (CMS)  has released the...
18
Oct

How Does Work Affect Your Social Security Payments?

October 18, 2008
Many people continue to work beyond retirement age, either by choice or out of necessity....
14
Oct

Second Circuit Rules that the Three-Day Hospitalization Requirement for Skilled Nursing Facility Coverage under Medicare Starts at Inpatient Admittance

October 14, 2008
The Second Circuit Court of Appeals ruled that until a patient is formally admitted to...
13
Oct

Wall Street Journal Article Discusses Estate Planning for Disabled Children and Adults with Special Needs

October 13, 2008
An article in the October 9th edition of The Wall Street Journal discussed estate planning...
09
Oct

CMS Issues Final Rule Enabling Medicaid Beneficiaries To Direct Personal Assistance Services

October 9, 2008
A final rule that would allow more Medicaid beneficiaries to be in charge of their...
29
Sep

A New York Appeals Court Holds That The Usual Household Expenses Incurred by a Wife Necessitate An Increased Maintenance Allowance Even Though Her Husband Is A Medicaid Recipient In A Nursing Home

September 29, 2008
A New York appeals court held that a community spouse is entitled to an increased...
26
Sep

CMS Never Ending Penalty Period Rule Upheld in Appeal of Denial of Application for Assisted Living Facility Medicaid in New Jersey

September 26, 2008
The Center for Medicare and Medicaid Services (“CMS”) states that the Deficit Reduction Act of 2005...
25
Sep

Kassin vs. Kassin: A Child Support Award, Reduced by Social Security Benefits Received By the Child, May Effect Alimony

September 25, 2008
In this divorce case, the trial court denied the defendant ex-husband’s post-divorce-judgment motion in which...
24
Sep

SSA Updates Annual Fast Facts About Social Security

September 24, 2008
Fast Facts & Figures answers the most frequently asked questions about the programs administered by...
24
Sep

Medicare Part B Premium Unchanged For 2009

September 24, 2008
Medicare’s monthly premium will be unchanged at $96.40 next year for most of the 44...
20
Sep

T.H. V. DIV. OF DEVELOPMENTAL DISABILITIES, 189 N.J. 478 (2007)

September 20, 2008
T.H. was a fifty-five year old man who suffers from Asperger’s Syndrome, a developmental disability....
18
Sep

Proposed Rule Addresses Problems that May Arise When A Medicaid Applicant Purchases A Long-Term Care Insurance Partnership Policy in One State and Then Applies for Medicaid In Another State

September 18, 2008
The U.S. Department of Health and Human Services has issued a new notice addressing the...
16
Sep

In an important case, a NJ administrative law judge decided that a bank account titled to a Medicaid applicant and another person does not automatically disqualify the applicant for Medicaid

September 16, 2008
New Jersey’s Office of Administrative Law recently issued a significant ruling that may make it...
15
Sep

Social Security Administration Links with Special Emphasis on SSI and Special Needs Trusts

September 15, 2008
(I acknowledge with appreciation the Academy of Special Needs Planners website and the resources available...
15
Aug

Under New Policy, Medicare Will No Longer Pay The Extra Cost Of Treating Certain Medical Conditions That Occur While A Patient Is In The Hospital

August 15, 2008
The Centers for Medicare & Medicaid Services (CMS) has issued a new State Medicaid Directors...
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