Category

Governmental or Public Benefit Programs
27
Jan

Medicaid Agency Not Bound By Court Order Of Support For Community Spouse Entered Without Notice To Agency

January 27, 2014
In this case, the Superior Court of New Jersey, Appellate Division, held that the state...
26
Jan

New Jersey Supreme Court Tentative Argument Schedule for February 4, 2014

January 26, 2014
(From the website of the New Jersey Judiciary)  The following is the Supreme Court’s schedule...
21
Jan

Federal Court Holds Short-Term Annuities Purchased By Medicaid Applicants Constituted Improper Transfers Of Assets

January 21, 2014
A federal district court in Western Pennsylvania held that the purchases of single premium immediate...
16
Jan

Overview of the Supplemental Security Income Program

January 16, 2014
Supplemental Security Income (SSI) is a cash assistance program funded and administered by the federal...
19
Dec

Special Needs Planning During And After Marriage

December 19, 2013
(Recently, I was the featured speaker at a meeting of the New Jersey Association of...
17
Nov

Court Denies NJ’s Motion To Dismiss Federal Class Action Lawsuit Alleging State Improperly Counted VA Pension In Denying Medicaid Eligibility

November 17, 2013
In a recent opinion, Hon. Robert B. Kugler, United States District Judge for the District...
13
Nov

Amicus Curiae Granted Permission To Appear Before The Supreme Court Regarding State’s Refusal To Permit Retired Firefighter To Name Special Needs Trust As Beneficiary Of Pension Benefit For His Disabled Child

November 13, 2013
On March 13, 2013, the highest court of our state granted my Petition for Certification,...
12
Nov

New Hampshire Law Gives Nursing Homes the Right to Sue Fiduciaries and Recipients of Gifts from Facility Residents

November 12, 2013
The New Hampshire legislature has enacted a new law that allows nursing homes to sue...
10
Nov

Court Finds State’s Failure To Render Final Decisions Within 90 Days Of Concluding Fair Hearings Violated Federal And State Law

November 10, 2013
In this case, the United States District Court for the Southern District of New York...
11
Sep

Medicaid Agency Properly Reduced Hours Of Private Duty Nursing Care Allocated Based on Care Provided by School and Family

September 11, 2013
New Jersey appellate court ruled that the state can reduce a Medicaid recipient’s allocated hours...
04
Sep

Transfers By Medicaid Applicant To Adult Disabled Children Are Exempt, Even Though Children’s Social Security "Disability" Benefits Were Converted To “Retirement” Benefits At Age 65

September 4, 2013
In an Initial Decision of the New Jersey Office of Administrative Law, Administrative Law Judge...
23
Aug

New Jersey Supreme Court Rules That Order Awarding Child Support To Disabled Child May Be Modified By Establishing Special Needs Trust For Child

August 23, 2013
In an opinion that breaks sharply with established practice, the New Jersey Supreme Court ruled...
05
Aug

NY Trustee Ordered To Repay Special Needs Trust For Distributions Made For Goods And Services Obtainable From Public Benefits

August 5, 2013
Justice Laura L. Jacobson, a  New York trial judge, held that a trustee of a...
29
Jul

Acting as Agents Under Power of Attorney, Parents of Disabled SSI Recipient Did Not Create Valid Special Needs Trust

July 29, 2013
A Federal court held that a special needs trust is not valid because it was...
22
Jul

Federal Court Enjoins New Jersey From Counting Annuity Owned By Medicaid Applicant’s Spouse As An Available Resource

July 22, 2013
A federal district court judge in New Jersey granted a Medicaid applicant’s motion for a...
19
Jul

Federal Court In New Jersey Affirms Denial Of Medicaid, Finding Promissory Notes Owned By Applicants To Be Countable Resources

July 19, 2013
John Landy and Margaret Sauchelli are elderly persons who purchased promissory notes and subsequently applied...
12
Jul

Appeals Court Concludes New Jersey Does Not Have A Duty to Inform Disabled Beneficiary Of Eligibility For Services

July 12, 2013
A New Jersey appeals court held that the State did not have a duty to...
10
Jun

Court Finds Medicaid Applicant Who Paid Disabled Daughter’s Rent For Many Years Subject to Penalty Period

June 10, 2013
A Medicaid applicant who made payments to her daughter for more than four years and...
07
Jun

NJ Federal Judge Finds Annuity Purchased By Spouse Of Medicaid Applicant With Couple’s Excess Resources Is An Exempt Asset

June 7, 2013
A federal district court in New Jersey holds that an annuity purchased by the spouse...
28
May

SSA Revises Regulations, Permits First-Party Trusts to Pay for Non-Beneficiary Travel in Some Cases

May 28, 2013
The Social Security Administration (SSA) has revised its Program Operations Manual System (POMS) to allow...
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