Category

Governmental or Public Benefit Programs
29
Jun

In 5 to 4 Ruling, United States Supreme Court Upholds Affordable Care Act

June 29, 2012
In a landmark ruling released on Thursday, June 28, 2012, the United States Supreme Court...
25
Jun

Ruling by the 3rd Circuit Outlaws State Restrictions On Special Needs Trusts, Holding State Law Is Prempted By Federal Law

June 25, 2012
In a recent precedential decision, the United States Court of Appeals for the Third Judicial...
20
Jun

Determining Disability Under Social Security’s Regulations And Rulings

June 20, 2012
Regulations governing the Social Security Administration (SSA) set forth a five-step sequential evaluation process for...
19
Jun

New Social Security Regulations Prohibit Funds From Special Needs Trusts To Be Used To Pay For Family Visits, And Limit Trust Payments To Caregivers Who Are Medically-Trained

June 19, 2012
The Social Security Administration (SSA) recently revised four sections of the Program Operations Manual System...
07
Jun

GAO Recommends Congress Establish A Look-Back Period And Asset Transfer Penalty Rules for Non-Service Connected Veterans Pension Applicants

June 7, 2012
The Department of Veterans Affairs’ (VA) pension program is intended to provide money benefits to...
02
Jun

A “Responsible Party” Under A Nursing Home Admission Agreement May Be Sued For Monies Owed To The Facility

June 2, 2012
An appeals court in New Jersey held that a nursing home resident’s adult child who...
23
May

9th Circuit Dismisses Veterans’ Lawsuit, Ruling That Congress, Not The Court, Is Responsible For Fixing The VA’s Mental Health Care And Compensation Benefit Systems

May 23, 2012
Last year, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit...
08
May

Appeals Court Holds Adult Child Liable for Mother’s Nursing Home Bill Under Filial Responsibility Law

May 8, 2012
A Pennsylvania appellate court held that son is liable for his mother’s $93,000 nursing home bill...
12
Mar

Spouse of Medicaid Recipient Not Entitled To Increased Income Allowance Because Her Financial Duress Not Caused by Exceptional Circumstances

March 12, 2012
A New Jersey appeals court recently ruled that a Medicaid recipient’s wife is not entitled...
28
Feb

Social Security Mandates Electronic Filing Of Disability Appeals

February 28, 2012
In a recent Federal Register Notice, the Social Security Administration (SSA) required lawyers who represent...
04
Jan

Roundup of Key Figures In An Estate and Elder Law Practice for 2012

January 4, 2012
Below are figures for 2012 that are frequently used in the estate and elder law...
27
Dec

Social Security Disability and Supplemental Security Income Benefits

December 27, 2011
Social Security Disability (“SSD”) and Supplemental Security Income (“SSI”) are two programs available from the...
04
Dec

Podcast of Guest Interview on The Caring Generation, An Internet Radio Show

December 4, 2011
  Several weeks ago, on Sunday, November 20th, I was a guest on The Caring...
19
Oct

New Jersey Federal Court Rules Life Estate Purchase May Be Uncompensated Transfer, Subjecting Medicaid Applicant to Gift Penalty

October 19, 2011
Federal district court in New Jersey denied a Medicaid applicant’s request for an injunction directing...
07
Sep

Medicaid Applicant Who Transferred Money To Daughter Months Before Receiving Life Estate In Daughter’s Home Made A Gift And Is Ineligible for Medicaid

September 7, 2011
A New Jersey appeals court held that a Medicaid applicant who transferred money to her...
14
Jun

Bank Account for Disabled Grandson Is Not Available Asset Under Medicaid Rules

June 14, 2011
In an unpublished, per curiam decision, a New Jersey appeals court ruled that a grant...
05
Jun

Court-Approved Compensation Paid To Medicaid Applicant’s Children For Services Under Power Of Attorney Does Not Prevent Medicaid Penalty

June 5, 2011
A New Jersey appeals court upheld the imposition of a penalty period on a nursing...
04
May

Spousal Protections Under the Medicaid Program To Be Extended To Same-Sex Couples And LGBT Families

May 4, 2011
Same-sex domestic partners are closer to receiving the spousal protections that opposite-sex married couples get...
11
Apr

New York State Expands The List Of Assets Against Which Medicaid Could Make A Claim For Recovery

April 11, 2011
A recent amendment to Section 369 of the Social Services law expands the list of...
21
Mar

Top Ten (10) Social Security / SSI Disability Appeals Decided By Federal Appellate Courts In 2010

March 21, 2011
More than in prior years, this year I’ve been focused on preparing “top ten” lists. ...
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