Category

New Cases
29
May

Parents Of Disabled Child Removed As Trustees of Child's Special Needs Trust After Commingling Funds

May 29, 2009
A Rhode Island court removed the co-trustees of a special needs trust established for the...
26
May

NJ Appeals Court Rules That A Transfer of Assets Was Post-DRA Because It Occured When Checks Were Cashed, Not Written

May 26, 2009
A New Jersey appeals court held earlier this month that a Medicaid applicant’s transfer of...
11
Mar

New Jersey Court Rules That Hospital Must Resume Life Support For Patient In Vegetative State

March 11, 2009
A Union County judge has ordered life support resumed for a patient who has been...
25
Feb

Court Finds That Vaccines Are Not Responsible for Autism

February 25, 2009
A special court recently ruled against three families who claimed that childhood vaccinations contributed to...
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...
15
Jan

Top 10 (Actually 14) New Jersey Guardianship / Elder Law / Medicaid and Public Benefits Planning Cases

January 15, 2009
In my years of practicing elder law and guardianship litigation, I’ve become accustomed to meeting...
11
Jan

Top New Jersey Elder Law Cases Decided In 2008

January 11, 2009
There were 6 significant cases decided in New Jersey in 2008 in the area of...
16
Dec

Denial of Medicaid Benefits by NY Medicaid Agency Reversed Because Agency Failed to Reconsider in Reasonable Time

December 16, 2008
A New York trial court held that because the state Medicaid agency failed to reconsider...
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....
09
Nov

New administrative law case disallows any reduction in a Medicaid penalty period based upon the return of gifted assets after a Medicaid application is filed

November 9, 2008
In E.S. vs. Division of Medical Assistance and Health Services, petitioner, a 91 year old...
14
Oct

Second Circuit Rules that the Three-Day Hospitalization Requirement for Skilled Nursing Facility Coverage under Medicare Starts at Inpatient Admittance

October 14, 2008
The Second Circuit Court of Appeals ruled that until a patient is formally admitted to...
07
Oct

A NJ Administrative Law Judge Recently Ruled That The Prepayment by a Medicaid Applicant For Care To Be Provided In The Future By A Family Member Under A Personal Services Contract Was A Transfer Of Assets For Less Than Fair Market Value, Resulting In The Imposition Of A Penalty

October 7, 2008
In a trio of cases which were consolidated because the cases presented a common question...
20
Jul

Union County Judge Enters An Order, The First Of Its Kind In New Jersey, Establishing A Third Party Special Needs Trust In An Intestate Estate

July 20, 2008
For a number of years now, elder law attorneys in New Jersey have often achieved...
15
May

Recent Cases – Will Interpretation

May 15, 2008
In McAuliffe vs. Benish, Superior Court of New Jersey, Appellate Division, plaintiffs, the adult daughters...
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