Category

Governmental or Public Benefit Programs
24
Nov

Attorney Who Provided Flawed Medicaid Planning Advice by Counseling Against Life Estate Liable For Legal Malpractice

November 24, 2015
Marie Brissette and her husband consulted attorney Edward Ryan for advice about how to protect...
23
Nov

Administrator of Estate Lacked Standing to Appeal Medicaid Denial

November 23, 2015
A court in Connecticut ruled that the administrator of an estate lacked standing to appeal...
17
Nov

Reporting Requirements for SSI Recipients

November 17, 2015
The Social Security Administration (SSA) requires periodic reports from all recipients of Supplemental Security Income...
04
Nov

Medicaid Not Required to Consider Applicant’s Trust Reformed by a Court During the Look-Back Period

November 4, 2015
An appeals court holds that the Massachusetts Medicaid is not required to recognize the reformation...
02
Nov

Appellate Division Rejects Estate’s Challenge to DMAHS and DDD Claims for Reimbursement of Benefits Paid to Decedent

November 2, 2015
The decedent, Tracy Solivan, had been disabled at birth as a result of medical malpractice...
22
Oct

Introduction to Medicare

October 22, 2015
Medicare is the federal government’s principal health care insurance program for people 65 years of...
14
Sep

Reduction in PCA Hours Reversed; Assessment Tool Imposed Artificial Cap of 25 Hours of Care

September 14, 2015
The decision by respondent, United Healthcare, a managed care organization, to reduce the Personal Care...
03
Sep

Federal Appeals Court Rules Short-Term Annuities Are Not “Available Resources” Preventing Medicaid Eligibility

September 3, 2015
In a 2 to 1 precedential decision by the United States Court of Appeals for...
02
Sep

Medicaid Gift Penalty May Not Be Reduced If Some, Or All, Of The Gifted Assets Are Returned

September 2, 2015
The Superior Court of New Jersey, Appellate Division, affirmed a decision of the Director of...
17
Aug

Does Temporary Mismanagement of Special Needs Trust = Permanent SSI Ineligibility?

August 17, 2015
A federal district court concluded that a decision of the Social Security Administration (SSA) to...
14
Aug

Penalty Imposed For Medicaid Applicant’s Transfer of Assets To Disabled Veteran

August 14, 2015
Federal court rules that federal law does not require a State to disregard a transfer...
04
Jun

SSA Clarifies Its Position on Court-Established Special Needs Trusts

June 4, 2015
After advocates criticized the Social Security Administration (SSA) for refusing to allow court-established Special Needs...
02
Jun

No Reduction In Medicaid’s Transfer Penalty Unless ALL Transferred Assets Are Returned To The Applicant

June 2, 2015
In the C.C. v. Division of Medical Assistance and Health Services case, plaintiff filed an application...
21
May

Top 10 New Jersey Elder Law and Special Needs Planning Cases Decided in 2014

May 21, 2015
The 17th Annual Elder Law Retreat, presented by the New Jersey State Bar Association Elder and...
15
Apr

Distributions From Special Needs Trust Cause Ineligibility For Housing Assistance Under Section 8 Program

April 15, 2015
A federal district court ruled that a public housing authority properly counted distributions from a...
07
Apr

Preferences Expressed by Incapacitated Person Entitled to Court Consideration

April 7, 2015
A New Jersey appellate court ruled that a person who is incapacitated may still be...
26
Mar

Understanding ABLE: Achieving A Better Life Experience Act Explained

March 26, 2015
  The Achieving a Better Life Experience (ABLE) Act became law on December 19, 2014....
27
Feb

New Jersey Pays $100,000 in Legal Fees in Federal Lawsuit Excluding VA Pension as Income for Medicaid

February 27, 2015
Here are checks from the State of New Jersey issued to plaintiffs’ counsel as a...
24
Feb

State Ordered to Grant or Deny Medicaid Benefits within 45 Days of Application

February 24, 2015
Under federal and state regulations, the State of California must make an eligibility determination within...
11
Feb

New Jersey Settles Federal Lawsuit, Amending its Medicaid Program to Exclude VA Pension as Countable Income

February 11, 2015
In February 2015, a Consent Order was filed in New Jersey federal district court, concluding a...
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