Category

Annuities
05
Dec

On Remand, NJ Administrative Judge Again Finds That A Retirement Annuity Owned By A Community Spouse Does Not Preclude Medicaid Eligibility

December 5, 2009
As I had reported in a March 4, 2009 blog post, New Jersey Administrative Law...
13
Nov

Federal Appeals Court Rules That Annuity Payments Made To The Spouse Of A Nursing Home Resident Are Not Countable By Medicaid

November 13, 2009
In Weatherbee v. Richman, 595 F. Supp. 2d 607 (W.D. Pa. 2009), the U.S. District...
28
Oct

New Jersey Administrative Judge Finds That A Retirement Annuity Owned By A Medicaid Applicant’s Spouse Is Not Countable

October 28, 2009
An Opinion and Order was entered on October 20, 2009 by Administrative Law Judge Joseph...
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...
11
Aug

Courts in Ohio and Massachusetts Rule, Contrary To New Jersey, That A Community Spouse's Post-DRA Annuity Purchase Is Not an Improper Transfer

August 11, 2009
As I blogged here, the New Jersey appellate court, in N.M. v. Division of Medical...
04
Jun

Recent Decision By Director Of Medicaid Shows Continuing Hostility Toward Annuities As A Medicaid Planning Tool

June 4, 2009
As I had reported in my March 4, 2009 post, found here, a New Jersey...
04
Mar

NJ Administrative Judge Finds That A Retirement Annuity Owned By A Community Spouse Is Exempt Under Medicaid

March 4, 2009
In only the second administrative law case of its kind decided in New Jersey, an...
27
Feb

NJ Appeals Court Rules That Annuities Are Countable Under Medicaid

February 27, 2009
In a case of major importance in the Medicaid estate planning area, the Appellate Division...
06
Feb

Immediate Annuities and Long-Term Care Planning

February 6, 2009
The Benefits of Immediate Annuities An immediate fixed annuity may be the answer for those seeking...
04
Feb

New Jersey Court Rules For The First Time That An Annuity Owned By The Community Spouse Is Not An Available Resource In Determining Eligibility For Medicaid Benefits

February 4, 2009
As I reported here and here, federal district and appellate courts in Pennsylvania have ruled...
23
Jan

Federal Court Again Rules That The Payment Stream From An Annuity Paid To The Spouse Of A Nursing Home Resident Is Not Countable In Determining The Nursing Home Resident's Eligibility For Medicaid

January 23, 2009
The U.S. District Court for the Western District of Pennsylvania, in a case entitled Weatherbee...
28
Dec

Study from the Society of Actuaries suggests that retirees should plan for 3 distinct stages of retirement

December 28, 2008
In a recent study, “Three Phases of Retirement and Planning for the Unexpected,” the Society...
14
Dec

Governor Signs Predatory Annuities Prevention Act

December 14, 2008
An annuity is a type of insurance product in which an insurer, in exchange for...
09
Dec

Local newspaper in Pennsylvania reports on the James vs Richman case

December 9, 2008
The The Times Leader newspaper, a daily newspaper located in Wilkes-Barre, Pennsylvania, recently posted a...
06
Dec

I was a speaker at County Bar Associations discussing new Medicaid planning strategies

December 6, 2008
The pace of decisions in Medicaid appeals has picked up recently, with several significant decisions...
01
Dec

MEDICAID PLANNING: NEW STRATEGIES, NEW CASES

December 1, 2008
What emerging case law is demonstrating about Medicaid planning techniques: SITUATION PLANNING TECHNIQUE Applicant does...
14
Nov

Federal Court Ruling Protects Assets Of Elderly Nursing Home Resident For His Spouse

November 14, 2008
In James v. Richman, 465 F.Supp.2d 395 (M.D.Pa. 2006), aff’d, 547 F.3d 214 (3rd Cir....
07
May

The State of Pennsylvania has decided that an irrevocable annuity owned by the Community Spouse is NOT an available resource in determining the Institutional Spouses eligibility for Medicaid. This is still an unresolved issue in New Jersey, more than TWO YEARS after the new federal Medicaid law was passed.

May 7, 2008
The federal Deficit Reduction Act of 2005 (DRA), which became effective on February 8, 2006,...
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