Category

Medicaid Planning
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...
16
May

The VA’s New “Fully Developed Claim” Process

May 16, 2013
Fully Developed VA Claims The Department of Veterans Affairs (VA) has implemented a new process...
09
May

Chancery Court Lacks Subject Matter Jurisdiction Over Medicaid Eligibility Determinations

May 9, 2013
New Jersey appeals court ruled that a Chancery court’s order holding that certain trust expenditures...
06
May

New Jersey Improperly Denies Medicaid Benefits To Veterans By Incorrectly Including VA Pension Benefits As “Countable Income”

May 6, 2013
In recent years, applicants for Medicaid benefits in New Jersey have been incorrectly denied eligibility...
04
May

Presentation on the Impact of Elder Law Issues on Divorce Mediation

May 4, 2013
On Saturday, April 27, 2013, I presented a session on the impact of elder law...
30
Mar

Reporting VA Pension with Aid and Attendance Supplement for Medicaid Purposes

March 30, 2013
The Department of Veterans Affairs (VA) is causing Medicaid applicants to be incorrectly denied benefits...
20
Feb

Medicaid Eligibility Under The “Undue Hardship” Exception

February 20, 2013
In the event of a Medicaid denial as a result of an unauthorized transfer or...
25
Jan

Top 12 Elder Law Court Rulings In 2012 From Across The Nation

January 25, 2013
Below, courtesy of the ElderLawAnswers website, is the annual roundup of the top 12 elder...
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...
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