Category

Governmental or Public Benefit Programs
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...
09
Feb

CCRC Residents Breached Admission Agreement by Applying for Medicaid before Spending Down Assets

February 9, 2015
A New York trial court ruled that residents of a continuing care retirement community (CCRC)...
29
Jan

Court Rejects Fee Application, Ruling Medicaid Applicant Who Won Preliminary Injunction Is Not Prevailing Party

January 29, 2015
Two years ago, in 2013, a federal judge in New Jersey granted a preliminary injunction...
16
Jan

Florida’s Supreme Court Bars Non-Lawyers From Engaging in Medicaid Planning

January 16, 2015
Florida’s Supreme Court ruled that non-lawyers who engage in various Medicaid planning activities are engaging...
13
Jan

Medicaid Granted Though Spouse Gambled Away Substantial Inheritance, Leaving Applicant Impoverished

January 13, 2015
An Administrative Law Judge found a Medicaid applicant eligible for benefits even though the applicant...
09
Jan

Understanding Pre-Admission Screening

January 9, 2015
To be eligible for Medicaid, applicants must meet two requirements: financial requirements and medical requirements....
23
Dec

NJ Medicaid Announces the Official End of the Medically-Needy Program; Long live the New Managed Long Term Services and Supports Program

December 23, 2014
By notice contained in Medicaid Communication 14 – 15 issued on December 19, 2014, the State...
16
Dec

Reduction in Care Services Rejected Unless Supported by Improvements in Recipient’s Medical Condition

December 16, 2014
Plaintiff, D.W., is a 48 year-old woman with Down’s Syndrome and the mental capacity of...
14
Dec

Disabled Children of Military Families Allowed to pay Military Survivor Benefits into Special Needs Trust

December 14, 2014
On December 12, 2014, Congress passed the National Defense Authorization Act of 2015 (NDAA). Among...
09
Dec

SSI / Medicaid / Social Security / Medicare Income Limits, Premium Increases  and Resources Allowances for 2015

December 9, 2014
 Supplemental Security Income (SSI): Effective 1-1-15  SSI Federal Benefit Rate           SSI Resource...
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