Category

Medicaid Planning
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...
19
Feb

Don Vanarelli’s Unofficial List of the TOP TEN REASONS TO ATTEND THIS YEAR’S ELDER LAW RETREAT

February 19, 2010
Don Vanarelli’s Unofficial List of the TOP TEN REASONS TO ATTEND THIS YEAR’S ELDER LAW...
09
Feb

Special Needs Trust Can Be Established Only When The Social Security Administration Determines That The Beneficiary Is Disabled

February 9, 2010
In J.C. v. Division of Medical Assistance and Health Services and the Ocean County Board...
20
Jan

Parent’s Income Deposited Into Special Needs Trust for Her Disabled Adult Child Was Properly Considered In Determining Parent’s Medicaid Eligibility

January 20, 2010
In Matter of Jennings v. Commissioner, N.Y.S. Dept. of Social Services, a New York appellate...
09
Jan

Summary Judgment Denied In NJ Medicaid Planning Case Involving A Loan / Promissory Note

January 9, 2010
Cases involving a variety of Medicaid planning strategies in New Jersey are now pending in...
29
Dec

The Top 10 (NOT; Actually, The Top 15) New Jersey Elder And Disability Law Cases in 2009

December 29, 2009
2009 was an exciting year of litigation in the elder and disability law arena, producing...
15
Dec

Medicaid Eligibility Denied Based Upon A Home Transfer To A "Caregiver Child" Who Was Employed Full-Time

December 15, 2009
(The A.N. case, described below, was decided on administrative appeal in 2007 and affirmed the...
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...
26
Nov

Ocean County Judge Rules Against The Validity Of A Caregiver Agreement But Finds That A Promissory Note – Loan Medicaid Plan Is Valid

November 26, 2009
In A.G. v. Division of Medical Assistance and Health Services and the Ocean County Board...
20
Nov

Superior Court Judge Upholds Her Decision Authorizing The Establishment Of Third Party Special Needs Trusts Within An Intestate Estate

November 20, 2009
I previously blogged about an Order entered in July 2009 by Hon. Patricia Del Bueno...
18
Nov

Tips On The Use Of Promissory Notes / Loans In Estate Planning To Accelerate Medicaid Eligibility

November 18, 2009
Elder law attorneys who attended the National Academy of Elder Law Attorneys’ program in Jersey...
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...
10
Nov

Penalty Period Will Not Start Until Applicant’s Prepayment of Nursing Home Care Costs Is Spent Down

November 10, 2009
In Shelales v. Director of the Office of Medicaid (Mass.App.Ct., No. 08-P-2052, Oct. 30, 2009), the...
10
Nov

No Increase In Medicaid’s Community Spouse Resource Allowances For 2010

November 10, 2009
The Center for Medicare and Medicaid Services has announced that with no increase in the...
30
Oct

New York State Court Rejects Personal Care Contracts In Nursing Home Setting

October 30, 2009
In a matter involving personal service agreements, five petitioners brought a court action challenging determinations...
29
Oct

Unusual Special Needs Trust Distribution Requests

October 29, 2009
Special needs trusts (also known as “supplemental needs” trusts) allow a disabled beneficiary to receive...
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...
27
Oct

Federal Court Rules That Promissory Notes May Be Countable Resources

October 27, 2009
Sable v. Velez, Civ. No. 09-2813 (D.N.J., October 16, 2009), involved five applicants for nursing home...
26
Oct

Federal Judge Enjoins New Jersey From Denying Medicaid Eligibility To Aged Parents Who Transferred Assets Outright To Their Blind Or Disabled Children

October 26, 2009
In order to qualify for Medicaid benefits, applicants cannot possess assets which exceed the financial...
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