After J.C. was admitted to a nursing facility, her son, S.C., submitted an application to the Camden County Board of Social Services for Medicaid benefits on her behalf. The county welfare board notified J.C. that she was eligible for long-term care benefits but her transfer of assets for less than full market value during the.. read more →

The Achieving a Better Life Experience (ABLE) Act allows people with disabilities who became disabled before they turned 26 to set aside up to $15,000 per year in tax-free savings accounts without affecting his or her eligibility for government benefits like Medicaid and Supplemental Security Income (SSI). This money can come from the disabled individual.. read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning   read more →

Join us, at our Law Office at 242 St. Paul Street, Westfield, NJ Free Seminar on Paying for Long-Term Care Friday, April 20th, at two (2) convenient times: 8:00 – 9:30 a.m., or 5:00 – 6:30 p.m. Many factors — illness, incapacity and the need for long-term care — can leave a family’s finances in disarray. Fortunately,.. read more →

A.M. appealed a gift penalty imposed by the Medicaid agency based on a transfer of assets. The penalty was imposed based on $100,000 in distributions to beneficiaries of an irrevocable trust established by A.M. with her assets. A.M. asserted that the transfer penalty was inappropriate because she established the trust and transferred assets into the.. read more →

Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will facilitate a discussion at the upcoming  “Unprogram” presented by the New Jersey Chapter of the National Academy of Elder Law Attorneys on April 25, 2018 at the Wyndham Hotel in the Philadelphia Historic District, 400 Arch St., Philadelphia, PA. The UnProgram is a forum in which elder law practitioners.. read more →

Below, in chronological order, is the annual roundup of the top 10 elder law decisions in the U.S. for the year just ended, as measured by the number of “unique page views” of the summary of each case found on the ElderLawAnswers website. ElderLawAnswers is a web-based resource available for those in the public seeking information on.. read more →

Although it is common practice to add the name of a family member to a bank account as a convenience, the existence of a “convenience” account can have negative results when that family member applies for Medicaid benefits. In F.J. v. Division of Medical Assistance and Health Services, the applicant’s daughter testified that she opened.. read more →

Happy Holidays to clients, supporters, friends and readers. Listed below are the ten (10) eleven (11) posts on the Vanarelli Law Office blog with the highest readership in 2017. After each hyperlinked blog post title, the original post date is included. Check out the list to see this year’s highlights. Our sincere thanks for taking.. read more →

Ohio’s highest court suspended an attorney who advised his client to transfer assets in order to qualify for Medicaid and then lied to the state Medicaid agency about whether the client transferred assets. Stark County Bar Association v. Buttacavoli (Ohio, No. 2017-Ohio-8857, Dec. 7, 2017). Attorney Glen Buttacavoli’s law practice consisted of providing financial-planning advice.. read more →

Payments for Pre-eligibility Medical Expenses (PEME) are available to individuals eligible for Medicaid who reside in a nursing home (NH) or an assisted living facility (ALF). This blog post attempts to clarify the procedure for processing requests for payments of PEME made by or on behalf of residents of NHs and ALFs. Residents of NHs.. read more →

The Centers for Medicare and Medicaid Services (CMS) has released its Spousal Impoverishment Standards for 2018. The official spousal impoverishment allowances for 2018 are as follows: Community Spouse Resource Allowance The “community spouse resource allowance” is a protection provided under Medicaid law for the healthy spouse of an applicant for benefits (called the “community spouse”) to.. read more →

After being sued by Medicaid applicant in federal court, the Director of New Jersey Medicaid, who had previously denied benefits because the applicant transferred assets to a trust more than 5 years before, instead stated the application was denied because, under the terms of the trust, the trustee was permitted to pay the applicant’s rent… read more →

E.H. submitted a Medicaid application to the Hudson County Division of Welfare (HCDW) and designated Future Care Consultants (FCC) as her designated authorized representative (DAR). Shortly thereafter, the HCDW denied the application because E.H. failed to provide her husband’s bank records for the five-year look-back period. FCC appealed the denial, submitting a request for a.. read more →

Contrary to the recent decision in the G.V. v. Division of Medical Assistance and Health Services case which held that assets transferred to an Income Only Trust more than 5 years before a Medicaid application was filed were still available, rendering  the applicant ineligible for benefits, the M.K. v. Morris County Board of Social Services.. read more →

After being denied Medicaid because of a $70,000 joint bank account she maintained with her son, the Medicaid applicant, S.M., appealed the case to An administrative hearing. S.M. argued that Medicaid had failed to consider that her son was the sole source of $60,000 of those bank funds. After the ALJ affirmed Medicaid’s denial, and.. read more →

2017 Elder and Disability Law Symposium ‘Elder and Disability Law Update’ to be presented by leading NJ Elder Law and Estate Planning Attorney, Donald D. Vanarelli, Esq. Westfield, NJ – October 15, 2015 — Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will participate in the New Jersey Institute for Continuing Legal Education’s 20th Annual Elder and Disability.. read more →

Medicaid is a joint federal and state program created under Title XIX of the Social Security Act of 1965. It provides a source of funding for long-term care to those aged, blind and disabled individuals who qualify financially.  42 U.S.C. §1396 et seq.; N.J.A.C. 10:71-1 et seq. Eligibility for Medicaid is based upon financial need. For.. read more →

In this case, the Division of Medical Assistance and Health Services (DMAHS), New Jersey’s state Medicaid agency, affirmed the denial of a Medicaid application filed by Grace M. Vinci (G.V.) by the Monmouth County Division of Social Services (MCDSS) finding that G.V. had resources in excess of $2,000 available to her, namely, resources contained in.. read more →

Reversing a lower court, Massachusetts’ highest court ruled that two Medicaid applicants’ trusts were not available assets even though the applicants retained the right to use the houses that were put into the trusts. Daley v. Secretary of the Executive Office of Health and Human Services (Mass., No. SJC-12200, May 30, 2017) and Nadeau v. Director of the Office.. read more →

New Jersey’s Medicaid rules are complicated, and always changing. One such change in the rules occurring on a regular basis is the State Medicaid agency’s amendment to the Medicaid program’s “penalty divisor.”  On May 12, 2017, a Medicaid Communication, or notice from the agency, was released by New Jersey’s Division of Medical Assistance and Health.. read more →

For additional information concerning NJ elder law and special needs planning visit: https://vanarellilaw.com/legal-services/ read more →

Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the “2017 Sophisticated Elder Law” seminar given by the New Jersey Institute for Continuing Legal Education on August 10, 2017 at the New Jersey Law Center in New Brunswick, New Jersey. Mr. Vanarelli will provide an overview of strategies and tactics which have been used successfully in litigation.. read more →

Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2017 “Elder Law in a Day” seminar given by the New Jersey Institute for Continuing Legal Education on July 10, 2017 at the New Jersey Law Center in New Brunswick, New Jersey. Mr. Vanarelli will provide an overview of the various trusts utilized in planning for.. read more →

The needs-based pension program from the Department of Veterans Affairs (VA) is a disability benefits program available to compensate veterans for non-service-connected disabilities. Like the VA compensation program, the pension program is based upon disability. However, unlike the VA compensation program, the pension program is also based on income and need, and the veteran’s disability.. read more →