Category

Governmental or Public Benefit Programs
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...
09
May

Chancery Court Lacks Subject Matter Jurisdiction Over Medicaid Eligibility Determinations

May 9, 2013
New Jersey appeals court ruled that a Chancery court’s order holding that certain trust expenditures...
06
May

Elder Law College: Presentation on VA Benefits and Social Security Disability Benefits

May 6, 2013
Several months ago, I presented a program on Veterans Benefits and Social Security Disability Benefits...
04
May

Presentation on the Impact of Elder Law Issues on Divorce Mediation

May 4, 2013
On Saturday, April 27, 2013, I presented a session on the impact of elder law...
30
Mar

Reporting VA Pension with Aid and Attendance Supplement for Medicaid Purposes

March 30, 2013
The Department of Veterans Affairs (VA) is causing Medicaid applicants to be incorrectly denied benefits...
18
Mar

N.J. Supreme Court Grants Certification To Review State’s Refusal To Permit Retired Firefighter To Name Special Needs Trust As Beneficiary Of Pension For His Disabled Child

March 18, 2013
Recently, the New Jersey Supreme Court granted a Petition for Certification I filed asking the Court...
20
Feb

Medicaid Eligibility Under The “Undue Hardship” Exception

February 20, 2013
In the event of a Medicaid denial as a result of an unauthorized transfer or...
07
Feb

Can New Jersey And Private Care Providers Assert Liens For Benefits Provided To Charity Care Recipients?

February 7, 2013
As I explained in a previous post, the New Jersey Hospital Care Payment Assistance Program,...
12
Jan

Are Funds In A Special Needs Trust Counted As An Asset When Determining Eligibility For Charity Care?

January 12, 2013
The New Jersey Hospital Care Payment Assistance Program, commonly called “Charity Care,” is a state...
31
Dec

Niece Who Did Not Sign Admissions Agreement As "Responsible Party" For Aunt Is Not Liable For Aunt’s Unpaid Nursing Home Bill

December 31, 2012
A Rhode Island trial court holds that a niece who signed a nursing home admissions...
20
Dec

New Jersey Increases Medicaid Penalty Divisor, But Artificially Keeps The Rate Far Less Than The Actual Monthly Cost Of Nursing Home Care

December 20, 2012
New Jersey’s Medicaid rules are complicated, and seem like they’re always changing. One such change...
11
Dec

Elder Law College: Overview Of VA Benefits And Social Security Disability Benefits

December 11, 2012
(I recently presented a program on Veterans Benefits and Social Security Disability Benefits at the...
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