Category

Medicaid Planning
22
Jan

Calculating The Amount Of VA Pension Benefits Payable To A Single Veteran Based Upon Unreimbursed Medical Expenses

January 22, 2013
For years, clients have asked about pension benefits available from the Department of Veterans Affairs...
20
Dec

New Jersey Increases Medicaid Penalty Divisor, But Artificially Keeps The Rate Far Less Than The Actual Monthly Cost Of Nursing Home Care

December 20, 2012
New Jersey’s Medicaid rules are complicated, and seem like they’re always changing. One such change...
13
Oct

Transfer Of Medicaid Applicant’s Home To Caretaker Child Not Exempt Because Caretaker Child Provided Insufficient Level Of Care

October 13, 2012
In the usual case, a transfer of assets, or gift, by a Medicaid applicant made...
03
Oct

Top Ten (or so) New Jersey Elder and Disability Law Cases in 2012

October 3, 2012
(The 15th Annual Elder and Disability Law Symposium was held on October 3, 2012 at...
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,...
25
Sep

Recent Argument Before The Appellate Division In A Case Involving A Public Pension And A Testamentary Special Needs Trust

September 25, 2012
For the past several years, I have represented Thomas Saccone, a retired Newark, NJ firefighter...
23
Sep

Gifting, Medicaid and VA Aid and Attendance Benefits

September 23, 2012
Aid and Attendance is a benefit that is available through the Department of Veterans Affairs...
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

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...
08
May

Appeals Court Holds Adult Child Liable for Mother’s Nursing Home Bill Under Filial Responsibility Law

May 8, 2012
A Pennsylvania appellate court held that son is liable for his mother’s $93,000 nursing home bill...
12
Mar

Spouse of Medicaid Recipient Not Entitled To Increased Income Allowance Because Her Financial Duress Not Caused by Exceptional Circumstances

March 12, 2012
A New Jersey appeals court recently ruled that a Medicaid recipient’s wife is not entitled...
17
Jan

Top 10 Nationwide Elder Law Court Rulings of 2011

January 17, 2012
Below is a roundup of the top 10 national elder law decisions for the past...
04
Jan

Roundup of Key Figures In An Estate and Elder Law Practice for 2012

January 4, 2012
Below are figures for 2012 that are frequently used in the estate and elder law...
27
Nov

New Law Substantially Extends Reach Of New York State’s Medicaid Estate Recovery Law

November 27, 2011
Earlier this year the New York State Legislature, prompted by the Governor’s Medicaid Redesign Team,...
19
Oct

New Jersey Federal Court Rules Life Estate Purchase May Be Uncompensated Transfer, Subjecting Medicaid Applicant to Gift Penalty

October 19, 2011
Federal district court in New Jersey denied a Medicaid applicant’s request for an injunction directing...
06
Oct

Federal Court Rules Connecticut Cannot Deny Medicaid Benefits To Applicant Utilizing Spousal Refusal Doctrine

October 6, 2011
Ruling that a state statute violated federal Medicaid law, a federal district court granted a...
20
Sep

Third Circuit Affirms Federal District Court Holding Promissory Notes Countable Resources As “Trust-Like Devices”

September 20, 2011
In Sable v. Velez, applicants were denied Medicaid because of promissory notes owned by the...
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...
12
Sep

In A Medicaid Case, An ALJ's Findings Of Fact Based Upon The Credibility Of Witnesses Cannot Be Rejected Without Proper Cause

September 12, 2011
For most of her life, V.P. resided in her home with her adult son, R.P....
07
Sep

Medicaid Applicant Who Transferred Money To Daughter Months Before Receiving Life Estate In Daughter’s Home Made A Gift And Is Ineligible for Medicaid

September 7, 2011
A New Jersey appeals court held that a Medicaid applicant who transferred money to her...
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