Category

Medicaid Planning
02
Sep

My Latest Article, Entitled “Client Capacity – Assessment and Advocacy,” Published In The New Jersey Lawyer Magazine

September 2, 2010
Lawyers who regularly deal with elderly and disabled clients like I do often confront 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...
04
Jun

New Jersey Rewrites The Rules Concerning Gifts Made By Medicaid Applicants Which Are Later Returned

June 4, 2010
As many readers know, Medicaid applicants are subject to the imposition of a penalty, or...
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...
20
Apr

ALJ Finds, Contrary To Court Order, That Payment To Adult Children For Services Provided To Medicaid Applicant Under Power Of Attorney Was A Gift

April 20, 2010
A New Jersey administrative law judge (ALJ) recently held, contrary to a court order awarding...
11
Apr

Federal District Court Permanently Enjoins NJ From Imposing “Never Ending” Penalty For Gifts Made By Applicants For Services Under Medicaid Waiver Programs

April 11, 2010
Soon after the passage of the Deficit Reduction Act of 2005 (DRA), New Jersey’s Division...
29
Mar

Payment For Care Under A Contract Is Not Transfer For Fair Market Value And Results In A Penalty Period Under Medicaid

March 29, 2010
A New Jersey appeals court recently held that a life care contract between a nursing...
25
Mar

Son Not Liable For Unpaid Nursing Home Bill Even Though Transfer Of Father’s Home To Son Caused Father To Be Ineligible For Medicaid

March 25, 2010
Heriberto Pumarejo transferred the ownership of his home to his son, Herbert Pumarejo, Jr., for...
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...
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