Category

New Cases
14
May

Using Flawed Reasoning, NJ Medicaid Denies Benefits To A Wartime Veteran’s Widow By Incorrectly Counting VA Pension As Income

May 14, 2014
Although the petitioner in this case, A.G., succeeded in obtaining Medicaid benefits after filing a...
01
May

Payments Made By Medicaid Applicant To Family Member Under Care Agreement Were Uncompensated Transfers, Subject to Penalty Period

May 1, 2014
A New Jersey appeals court held that payments made by a Medicaid applicant to her...
23
Feb

Update On Federal Class Action Lawsuit To Prevent NJ From Counting VA Pension In Determining Medicaid Eligibility

February 23, 2014
I. The Facts. Plaintiff, Alma Galletta, who suffers from a variety of medical impairments, is...
09
Feb

NJ Resident Found Eligible For Medicaid Despite Making A Gift And Owning An $80,000 Annuity

February 9, 2014
For the first time, the Division of Medical Assistance and Health Services (DMAHS), New Jersey’s ...
07
Feb

Photos From Our Supreme Court Oral Argument

February 7, 2014
On Thursday, February 4, 2014, I, along with amicus counsel, argued before the New Jersey...
27
Jan

Medicaid Agency Not Bound By Court Order Of Support For Community Spouse Entered Without Notice To Agency

January 27, 2014
In this case, the Superior Court of New Jersey, Appellate Division, held that the state...
21
Jan

Federal Court Holds Short-Term Annuities Purchased By Medicaid Applicants Constituted Improper Transfers Of Assets

January 21, 2014
A federal district court in Western Pennsylvania held that the purchases of single premium immediate...
17
Nov

Court Denies NJ’s Motion To Dismiss Federal Class Action Lawsuit Alleging State Improperly Counted VA Pension In Denying Medicaid Eligibility

November 17, 2013
In a recent opinion, Hon. Robert B. Kugler, United States District Judge for the District...
10
Nov

Court Finds State’s Failure To Render Final Decisions Within 90 Days Of Concluding Fair Hearings Violated Federal And State Law

November 10, 2013
In this case, the United States District Court for the Southern District of New York...
08
Oct

Federal Court Rules Surviving Spouses of Reverse Mortgage Holders Cannot Lose Homes

October 8, 2013
A federal district court ruled that banks cannot foreclose on surviving spouses of reverse mortgage...
21
Sep

Federal Court Rules “Liking” Something Or Posting A Message On Facebook Is A Form Of Speech Protected By The First Amendment

September 21, 2013
In a case of first impression, the United States Court of Appeals for the Fourth...
12
Sep

Another Federal Circuit Court Rules Spouse’s Annuity Is Not an Available Resource In Determining Medicaid Eligibility

September 12, 2013
As the U.S. Court of Appeals, 2nd Circuit, held in Lopes v. Dep’t of Social...
11
Sep

Medicaid Agency Properly Reduced Hours Of Private Duty Nursing Care Allocated Based on Care Provided by School and Family

September 11, 2013
New Jersey appellate court ruled that the state can reduce a Medicaid recipient’s allocated hours...
04
Sep

Transfers By Medicaid Applicant To Adult Disabled Children Are Exempt, Even Though Children’s Social Security "Disability" Benefits Were Converted To “Retirement” Benefits At Age 65

September 4, 2013
In an Initial Decision of the New Jersey Office of Administrative Law, Administrative Law Judge...
03
Sep

Appellate Division Rules Nursing Home Waived Right To Compel Arbitration In Defense Of Negligence Claim By Estate Of Former Resident

September 3, 2013
In an August 29, 2013 unpublished decision, the Appellate Division considered and affirmed the trial...
02
Sep

Settlements Reached At Mediation But Not Reduced To Writing And Signed By The Parties Before Mediation Ends Are Not Enforceable

September 2, 2013
The New Jersey Supreme Court ruled that a settlement that is reached at mediation but...
28
Aug

Trustees of Special Needs Trust Who Failed To Inquire Into Disabled Beneficiary’s Condition And Needs Breached Their Fiduciary Duty

August 28, 2013
A New York judge held that the trustees of a special needs trust have a...
23
Aug

New Jersey Supreme Court Rules That Order Awarding Child Support To Disabled Child May Be Modified By Establishing Special Needs Trust For Child

August 23, 2013
In an opinion that breaks sharply with established practice, the New Jersey Supreme Court ruled...
05
Aug

NY Trustee Ordered To Repay Special Needs Trust For Distributions Made For Goods And Services Obtainable From Public Benefits

August 5, 2013
Justice Laura L. Jacobson, a  New York trial judge, held that a trustee of a...
02
Aug

Administrator Must Satisfy Estate Creditors From Probate Assets First Before Attaching Non-Probate Assets

August 2, 2013
A Chancery Court judge determined that the administrator of an insolvent estate in New Jersey...
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