Category

New Laws
19
Jun

New Social Security Regulations Prohibit Funds From Special Needs Trusts To Be Used To Pay For Family Visits, And Limit Trust Payments To Caregivers Who Are Medically-Trained

June 19, 2012
The Social Security Administration (SSA) recently revised four sections of the Program Operations Manual System...
05
Mar

New Jersey Legislature Considers Bill Allowing Courts To Modify Alimony And Child Support Based Upon Decrease In Income Of Paying Spouse

March 5, 2012
Bill No. 1388 was recently introduced in the New Jersey Senate with an identical, companion...
04
Mar

New Jersey Should Adopt The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

March 4, 2012
New Jersey legislators are now considering passage of the Uniform Adult Guardianship and Protective Proceedings...
28
Feb

Social Security Mandates Electronic Filing Of Disability Appeals

February 28, 2012
In a recent Federal Register Notice, the Social Security Administration (SSA) required lawyers who represent...
25
Jan

New IRS Notice Explains How A Surviving Spouse Can Use The Unused Portion Of The Deceased Spouse’s Federal Estate Tax Exemption

January 25, 2012
Currently, the value of assets passing to heirs upon the death of a U.S. citizen...
27
Nov

New Law Substantially Extends Reach Of New York State’s Medicaid Estate Recovery Law

November 27, 2011
Earlier this year the New York State Legislature, prompted by the Governor’s Medicaid Redesign Team,...
09
Aug

Guardian Removes Life Support From Terminally-Ill Patient Contrary To Wishes Of Health Care Proxy

August 9, 2011
At the time of the Court’s decision, Marie Fecoskay was an 87 year old woman...
04
May

Spousal Protections Under the Medicaid Program To Be Extended To Same-Sex Couples And LGBT Families

May 4, 2011
Same-sex domestic partners are closer to receiving the spousal protections that opposite-sex married couples get...
19
Apr

Overview of Veterans Benefit Act of 2010

April 19, 2011
The Veterans Benefits Act of 2010, Public Law 111-275, made a few relatively minor changes...
11
Apr

New York State Expands The List Of Assets Against Which Medicaid Could Make A Claim For Recovery

April 11, 2011
A recent amendment to Section 369 of the Social Services law expands the list of...
04
Oct

Opening Remarks – Case Law Update At The 13th Annual Elder and Disability Law Symposium

October 4, 2010
(The 13th Annual Elder and Disability Law Symposium was held on September 29, 2010 at...
03
Jul

New POMS On Early Termination Of Special Needs Trusts

July 3, 2010
Many third-party and self-settled special needs trusts (SNTs) contain “termination on ineligibility and distribute to...
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...
18
May

New Regulations Prevent Debt Collectors From Seizing Federal Benefits Deposited Into Bank Accounts

May 18, 2010
The Treasury Department and the four major benefit agencies, the Social Security Administration, the U.S....
12
Apr

Assets Belonging To Incompetent Medicaid Recipient Discovered By Children Who Had Power Of Attorney Held Countable

April 12, 2010
A North Carolina appeals court recently held that assets owned by an incompetent Medicaid recipient...
22
Jan

Proposed New Federal Law Would Eliminate The Phrase "Mentally Retarded" From Government Programs

January 22, 2010
Maryland Senator Barbara Mikulski (D) has proposed a bill that would eliminate the use of...
17
Jan

Two New Laws Help New Jerseyans With Autism Lead Productive, Independent Lives

January 17, 2010
New Jerseyans with an autism spectrum disorder gained two laws recently which, it is hoped,...
12
Jan

Military Spouses Given Residency Rights Under New Law

January 12, 2010
An amendment to a military act gives spouses of military personnel new residency rights, creating...
22
Dec

Mandatory Continuing Legal Education Comes To New Jersey

December 22, 2009
Starting January 1, 2010, New Jersey joins 42 other states by requiring continuing legal education...
23
Oct

The Veterans Health Care Budget Reform and Transparency Act of 2009

October 23, 2009
Funding for the Department of Veterans Affairs (VA) has been late in getting approved by...
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