Category

Medicaid Applications
26
Feb

Why Your Medicaid Application Should Be Entrusted To An Elder Law Attorney

February 26, 2014
What Is Medicaid? Medicaid is a government program through which many elderly and disabled people...
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...
20
Sep

Malpractice Case May Proceed Against New York Attorney Who Charged More Than $44,000 For Medicaid Planning To Protect Net Estate Worth $130,000

September 20, 2012
A New York appeals court allowed a case for legal malpractice and breach of fiduciary...
19
Sep

Medicaid Eligibility Established Even Though One Spouse Owned Over $300,000 In Countable Resources

September 19, 2011
The Director of New Jersey Medicaid recently decided that, when a couple is institutionalized, the...
24
Nov

Court Finds Medicaid Applicant Eligible For Benefits; Her Bank’s Lack Of Cooperation Prevented Applicant From Accessing Her Accounts

November 24, 2010
A.D., a retired physician, began residing at Bergen Regional Medical Center (Bergen Regional), a nursing...
12
Apr

Assets Belonging To Incompetent Medicaid Recipient Discovered By Children Who Had Power Of Attorney Held Countable

April 12, 2010
A North Carolina appeals court recently held that assets owned by an incompetent Medicaid recipient...
26
Feb

Ignorance Isn't Bliss When You Apply For Medicaid

February 26, 2010
In what may be considered a victory of judicial deference over equity, this week our...
29
Dec

The Top 10 (NOT; Actually, The Top 15) New Jersey Elder And Disability Law Cases in 2009

December 29, 2009
2009 was an exciting year of litigation in the elder and disability law arena, producing...
15
Dec

Medicaid Eligibility Denied Based Upon A Home Transfer To A "Caregiver Child" Who Was Employed Full-Time

December 15, 2009
(The A.N. case, described below, was decided on administrative appeal in 2007 and affirmed the...
26
Oct

Federal Judge Enjoins New Jersey From Denying Medicaid Eligibility To Aged Parents Who Transferred Assets Outright To Their Blind Or Disabled Children

October 26, 2009
In order to qualify for Medicaid benefits, applicants cannot possess assets which exceed the financial...
17
Oct

Federal Judge In New Jersey Appears Poised To Enjoin The State From Denying Medicaid Eligibility To An Applicant With An Annuity

October 17, 2009
In June 2009, plaintiff, Daisy Jeanne Prall, applied for nursing home Medicaid benefits with the...
14
May

My Paper, Discussing the Impact of Financial Exploitation on Medicaid Eligibility, Chosen as Lead Article in The ElderLaw Report

May 14, 2009
It is not uncommon for an elderly or disabled person to entrust his or her...
31
Jan

Medicaid Applicant Denied Fair Hearing After Her Power of Attorney Waited Too Long to Appeal Denial of Medicaid Application

January 31, 2009
A New Jersey appeals court recently determined that a Medicaid applicant is not entitled to...
16
Dec

Denial of Medicaid Benefits by NY Medicaid Agency Reversed Because Agency Failed to Reconsider in Reasonable Time

December 16, 2008
A New York trial court held that because the state Medicaid agency failed to reconsider...
09
Nov

New administrative law case disallows any reduction in a Medicaid penalty period based upon the return of gifted assets after a Medicaid application is filed

November 9, 2008
In E.S. vs. Division of Medical Assistance and Health Services, petitioner, a 91 year old...
03
Nov

I was a Speaker at the 2008 NAELA Advanced Elder Law Institute

November 3, 2008
This year, the National Academy of Elder Law Attorneys held its Advanced Institute in Kansas...
29
Oct

New Medicaid Planning Strategy Held To Be Valid In New Jersey In An Important New Case

October 29, 2008
As I reported in a May 22, 2008 blog posting several months ago, I received a...
27
Oct

Medicaid Spousal Impoverishment Figures for 2009 Released by CMS

October 27, 2008
Updated Figures for 2009. The Centers for Medicare & Medicaid Services (CMS)  has released the...
07
Oct

A NJ Administrative Law Judge Recently Ruled That The Prepayment by a Medicaid Applicant For Care To Be Provided In The Future By A Family Member Under A Personal Services Contract Was A Transfer Of Assets For Less Than Fair Market Value, Resulting In The Imposition Of A Penalty

October 7, 2008
In a trio of cases which were consolidated because the cases presented a common question...
29
Sep

A New York Appeals Court Holds That The Usual Household Expenses Incurred by a Wife Necessitate An Increased Maintenance Allowance Even Though Her Husband Is A Medicaid Recipient In A Nursing Home

September 29, 2008
A New York appeals court held that a community spouse is entitled to an increased...
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