Category

Governmental or Public Benefit Programs
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...
13
Sep

NJ Supreme Court Permits Disabled Child of Retired Fireman to Designate Special Needs Trust as Beneficiary of State Pension Plan

September 13, 2014
(In the midst of my oral argument before the New Jersey Supreme Court held on...
03
Sep

Appeals Court Affirms Penalty, Ruling Gifts Not Made Exclusively for a Purpose Other than to Qualify for Medicaid

September 3, 2014
Gifts made during the Medicaid look-back period result in a penalty, or period of ineligibility,...
02
Sep

Agency’s Significant Delay in Processing Medicaid Application in Blatant Violation of Regulations Results in No Sanctions

September 2, 2014
In A.H. v. Division of Medical Assistance and Health Services, 2014 N.J. Agen. LEXIS 91...
28
Aug

New Jersey Planning to Eliminate the Income Cap for Home-and-Community Medicaid

August 28, 2014
The Medicaid programs in New Jersey which help residents pay long-term care costs are about...
21
Aug

Nursing Home Resident’s Child Who Signs Admission Agreement As “Responsible Party” Can Be Sued For Services Rendered To Resident

August 21, 2014
A nursing home resident’s adult child who signs an admission agreement as the “Responsible Party”...
08
Jul

Medicaid Applicant’s Claim Against State for Unreasonable Delay Survives New Jersey’s Motion to Dismiss

July 8, 2014
In Brill v. Velez (U.S. Dist. Ct., D. N.J., No. 1:13-cv-05643 (NLH/AMD), June 27, 2014), a...
26
Jun

GAO finds 5% of Applicants Transferred Assets for Less Than Fair Market Value to Qualify for Nursing Home Medicaid

June 26, 2014
On June 23, 2014, the Government Accountability Office (GAO) released its report, Financial Characteristics of...
20
Jun

Gift Penalty Affirmed; No Evidence Medicaid Applicant’s Transfer was Loan Repayment, and No Deference Accorded ALJ’s Contrary Decision

June 20, 2014
In the May 19, 2014 J.P. v. Division of Medical Assistance and Health Services decision, New...
16
Jun

House Ownership Options when a Parent and Adult Child Live Together: Tax, Medicaid and Personal Issues

June 16, 2014
(On June 16, 2014, I was a speaker at the 71st Semi-Annual Tax & Estate...
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