Category

Governmental or Public Benefit Programs
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...
04
Dec

Recent Legal Developments in Special Needs Planning for Disabled Beneficiaries

December 4, 2014
On December 3rd, I presented at the 72nd Semi-Annual Tax and Estate Planning Forum sponsored by...
01
Dec

Social Security Benefits Deposited Into Special Needs Trust Countable In Determining Medicaid Eligibility

December 1, 2014
Reversing a trial court, an appeals court ruled that a beneficiary’s Social Security benefits, though...
26
Nov

SSI Federal Payment Amounts for 2015

November 26, 2014
What is SSI? SSI, or Supplemental Security Income, is a federal program that provides monthly...
25
Nov

I will be presenting on December 18th at NJICLE’s Elder Law College 2014 on “Social Security and Veterans Benefits”

November 25, 2014
  Elder Law College 2014  Presented by the New Jersey Institute of Continuing Legal Education...
14
Nov

401(k) and IRAs Owned by Spouse of Medicaid Applicant may not be countable by New Jersey Medicaid

November 14, 2014
New Jersey Medicaid may not count IRAs, 401(k) and pension plans owned by the spouse...
11
Nov

With Upcoming Major Overhaul of Medicaid, Managed Long Term Services and Supports Debuts in New Jersey

November 11, 2014
As discussed in a prior blog post, a major overhaul of Medicaid will be introduced...
26
Oct

Will a Medicaid Applicant’s Payment of her Minor Child’s College Expenses Subject the Applicant to a Gift Penalty?

October 26, 2014
An issue concerning the payment of college tuition arose in a recent case that may...
20
Oct

Medicaid’s Filing Deadline For An Appeal Can Be Extended Based On “Extraordinary And Extenuating Circumstances”

October 20, 2014
An appeal of a claim for Medicaid benefits that was filed late may be considered...
09
Oct

Major Overhaul of Medicaid, Extending Eligibility to Many New Jersey Residents, Scheduled for November 1, 2014

October 9, 2014
New Jersey’s Qualified Income Trust Template For many years, Medicaid programs available to elderly and...
29
Sep

NAELA Members described as “True Friends of the Court” in New Jersey Supreme Court decision allowing State Pension to pay into Special Needs Trust

September 29, 2014
Appearing Above, Left to Right: NAELA Board member Ron Landsman, Esq., CAP, who filed a...
23
Sep

Article in New Jersey Law Journal on Our Recent NJ Supreme Court Victory in Case Involving a Disabled Child, State Pension and Special Needs Trust

September 23, 2014
Court OKs Trusts for Disabled Kids of Cops and Firefighters NJ Supreme Court Justice Jaynee...
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