For additional information concerning Medicaid and public benefits planning, visit: NJ Medicaid and Public Benefits Planning read more →

In this case, a New Jersey appeals court held that a Medicaid applicant’s transfer of her home to her adult child who lived with and cared for her for many years was entitled to Medicaid benefits under the “caretaker child” exemption to the transfer of assets rules even though the child worked full-time outside the.. read more →

Listed below are the top ten (10) thirteen (13) posts on the Vanarelli Law Office blog with the highest readership in 2020, as measured by the number of “unique page views” of each blog post. The title of each article is hyperlinked to the original posting on the blog so that each article is accessible.. read more →

Under Section 728 of Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (TURCA), federal tax refunds received after December 31, 2009 are not treated as income or resources (for a period of 12 months after receipt) for purposes of determining eligibility for all federal or federally-assisted programs, including Medicaid and the Children’s.. read more →

A New York appeals court held that transfers made by a Medicaid applicant before she was diagnosed with Parkinson’s disease were not transfers for less than market value subject to penalty because the transfers were made as part of a history of gifting to her children done exclusively for a purpose other than to qualify.. read more →

For additional information concerning New Jersey elder law, visit: NJ Elder Law and Estate Planning Services read more →

In New Jersey, services for the intellectually and developmentally disabled are provided by the Division of Developmental Disabilities (DDD), a division of the state Department of Human Services. DDD funds services and supports for eligible disabled individuals. These services are offered in the community by more than 200 agencies or by more than 600 individuals.. read more →

Under COVID-19 legislation, a one-time direct payment of $1,200 was paid to individuals earning less than $75,000 per year ($150,000 for couples who file jointly), including beneficiaries of Social Security and Supplemental Security Income (SSI) benefits, Medicaid benefits and other public benefits based upon financial need. Individuals earning up to $99,000 ($198,000 for joint filers).. read more →

Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at a ZOOM Webinar on February 10, 2021 at 7:00 PM along with Spectrum Care Management and Counseling, LLC, a support coordination agency. Mr. Vanarelli will speak on planning to attain eligibility for Medicaid benefits from New Jersey’s Division of Medical Assistance and Health Services, and how Medicaid.. read more →

For additional information concerning Medicaid applications and appeals, visit: NJ Medicaid Applications read more →

In a recent case, the Court of Appeals for the Federal Circuit ruled that service in the state National Guard, including a period of active duty for training, without disability incurred or aggravated in line of duty, did not achieve “veteran” status for purposes of non-service-connected survivors pension and burial benefits. Perry v. Wilkie (Court.. read more →

For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services read more →

A U.S. district court dismissed fraud claims based on the unauthorized practice of law against a New Jersey company that provided assistance to Medicaid applicants, ruling that the estate of a nursing home resident did not provide evidence that the company misled the estate about performing legal work for it. The Estate of Cotton v… read more →

Although a Medicaid lien on the proceeds of a settlement in a personal injury action was satisfied before the net settlement funds were transferred to a Special Needs Trust (SNT), the State is not precluded from seeking upon the death of the SNT beneficiary repayment of Medicaid expenditures made on the beneficiary’s behalf after the creation.. read more →

Law Office of Donald D. Vanarelli would love your feedback. Please Post a review to our profile: https://g.page/VanarelliLaw/review?rc For additional information concerning New Jersey elder law, visit: NJ Elder Law and Estate Planning Services read more →

On October 15, 2020, Attorney Donald D. Vanarelli, Esq. presented a live Webinar in which attendees learned how to Protect their Assets from the Catastrophic Costs of Probate, Long-Term Care and Nursing Home Expenses. Webinar Topics Included: Care options and typical costs of care in New Jersey in various settings. How to qualify for government.. read more →

 22nd Annual Elder And Disability Law Symposium The COVID Cloud: Pandemic Practice Tips for the Elder Law and Special Needs Practitioner Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 22nd Annual Elder and Disability Law Symposium to be held via ZOOM Webinar on December 1, 2020 by the New Jersey State Bar Association Elder.. read more →

For additional information concerning elder abuse actions, visit: Will Contests, Probate Litigation and Elder Abuse Actions   For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services   For additional information concerning Medicaid and public benefits planning, visit: NJ Medicaid and Public Benefits Planning read more →

The Seventh Circuit vacated a district court decision that allowed an Indiana Medicaid recipient to hire her own in-home health care providers as a reasonable accommodation under the Americans with Disabilities Act, holding that more evidence was needed to determine if the recipient’s request can be granted consistent with federal requirements for funding. Vaughn v. Walthall (U.S… read more →

The Director of the Medicaid agency in New Jersey held that income in a Qualified Income Trust which was used to pay the room and board fee for a resident of an assisted living facility was not countable in determining the resident’s eligibility for Medicaid benefits. H.H. v. Monmouth County Board of Social Services – Final.. read more →

New York was the only state that didn’t have a look-back period for Medicaid home care, but that is now changing. New York Medicaid applicants will no longer be eligible for home care if they gave away assets within 30 months of applying. Medicaid, unlike Medicare, is a public benefit program based upon financial need,.. read more →

To help today’s Medicare beneficiaries, the Center for Medicare and Medicaid Services (CMS) combined eight Compare tools, allowing users to easily find information that is most important in making health care decisions. The new platform is currently up and running. Using the new Care Compare Tool, CMS combined 8 original provider Compare websites. In the.. read more →

In this case, the New Jersey Superior Court, Appellate Division, (1) restricted a guardian’s ability to make gifts to those individuals expressly named as residuary beneficiaries of the ward’s Last Will and Testament; (2) limited the amount of gifts to $14,000 per person each year pursuant to a power of attorney which the ward executed.. read more →

For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →