Category

Annuities
26
Apr

Payments from an Annuity Purchased with a Spouse’s “Resource Allowance” are Income under Medicaid

April 26, 2016
A New Jersey appeals court ruled that payments to the spouse of a Medicaid recipient...
03
Sep

Federal Appeals Court Rules Short-Term Annuities Are Not “Available Resources” Preventing Medicaid Eligibility

September 3, 2015
In a 2 to 1 precedential decision by the United States Court of Appeals for...
29
Jan

Court Rejects Fee Application, Ruling Medicaid Applicant Who Won Preliminary Injunction Is Not Prevailing Party

January 29, 2015
Two years ago, in 2013, a federal judge in New Jersey granted a preliminary injunction...
30
Jul

The Need for Medicaid Planning

July 30, 2014
(In Zahner v. Mackereth (U.S. Dist. Ct., W.D. PA, Jan. 16, 2014), a federal district court...
08
Jul

Medicaid Applicant’s Claim Against State for Unreasonable Delay Survives New Jersey’s Motion to Dismiss

July 8, 2014
In Brill v. Velez (U.S. Dist. Ct., D. N.J., No. 1:13-cv-05643 (NLH/AMD), June 27, 2014), a...
10
Jun

Court Denies Preliminary Injunction to Prevent New Jersey Medicaid from Counting Annuity as Available Resource

June 10, 2014
A federal district court in New Jersey ruled that a Medicaid applicant was not entitled...
11
Feb

The Top 10 Elder Law Court Rulings of 2013

February 11, 2014
The annual roundup of the top 10 11 elder law decisions from across the country...
09
Feb

NJ Resident Found Eligible For Medicaid Despite Making A Gift And Owning An $80,000 Annuity

February 9, 2014
For the first time, the Division of Medical Assistance and Health Services (DMAHS), New Jersey’s ...
21
Jan

Federal Court Holds Short-Term Annuities Purchased By Medicaid Applicants Constituted Improper Transfers Of Assets

January 21, 2014
A federal district court in Western Pennsylvania held that the purchases of single premium immediate...
12
Sep

Another Federal Circuit Court Rules Spouse’s Annuity Is Not an Available Resource In Determining Medicaid Eligibility

September 12, 2013
As the U.S. Court of Appeals, 2nd Circuit, held in Lopes v. Dep’t of Social...
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...
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...
02
Oct

Second Circuit Affirms That Income Stream from Annuity Is Not an Asset for Medicaid Purposes

October 2, 2012
After John Lopes was admitted to a nursing home, his wife, Amelia, purchased a irrevocable,...
19
Sep

Attaining Eligibility For Nursing Home Medicaid Using A Gift – Annuity Strategy

September 19, 2012
Medicaid is a joint federal and state program that provides a funding source to pay...
14
Dec

Top 12 New Jersey Elder Law Cases Decided In 2010

December 14, 2010
Here are my selections for the top ten (10) twelve (12) New Jersey elder law...
26
Nov

Ohio Violated Federal Law In Counting Annuity Purchased By Community Spouse

November 26, 2010
Ohio’s First District Court of Appeals has joined other state and federal courts across the...
16
Aug

Federal Court In Connecticut Holds That The Income Stream from An Annuity Is Not An Asset for Medicaid Eligibility Purposes

August 16, 2010
In Lopes v. Starkowski (U.S. Dist. Ct., Dist. Conn., No. 3:10-CV-307, August 11, 2010), the...
03
May

Is A Claim For VA Aid and Attendance Benefits Properly Denied Due to Excess Resources When The Applicant Owns An Annuity?

May 3, 2010
Following is an exchange posted on a electronic bulletin board devoted to the discussion of...
21
Mar

The Purchase Of A Private Annuity By An SSI Beneficiary Is A Permissible Spend-Down Technique

March 21, 2010
As you know, the Supplemental Security Income (SSI) program, administered by the Social Security Administration...
11
Mar

State Medicaid Directors Ask CMS To Change Annuity Rules

March 11, 2010
Conceding defeat in the courts, the National Association of State Medicaid Directors (NASMD) has sent...
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