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Elder Law

Law Office of Donald D. Vanarelli Blog

New Jersey Elder Law, Estate and Special Needs Planning, Mediation and Collaborative Family Law.
By Donald D. Vanarelli

Post Frequency: 5.2/day

Last Entry: July 09, 2009 at 18:18:42

Top 10 Winning Arguments When Appealing From An ALJ?s Denial Of A Social Security Or SSI Disability Claim

Posted on July 09, 2009
Here are 10 arguments that can be used effectively when appealing the denial of a Social Security or Supplemental Security Income disability claim by an Administrative Law Judge (ALJ): Failure to properly evaluate mental impairment(s). The ALJ may have erred in failing to evaluate the claimant?s mental impairment and resulting functional limitations as required by 20 [...

Consumer Protection Laws For Reverse Mortgage Borrowers Are Inadequate, GAO Warns

Posted on July 08, 2009
The Department of Housing and Urban Development (HUD) has left elderly borrowers vulnerable to abusive lending practices, according to a new study by the Government Accountability Office (GAO). The study raises concerns about the adequacy of consumer protections for reverse mortgage borrowers, who are sometimes subjected to misleading marketing and inappropriate cross-selling of other financial [...

Crain?s Business Newspaper Confirms That Mediation Firms Are Thriving

Posted on July 07, 2009
According to an article in the July 6th edition of Crain?s Chicago Business, the recession has been a boost for mediation firms as companies try to cut litigation costs. The article listed a number of reasons for the growth of mediation: The trend to mediate more types of disputes...

Do Bloggers Share An Ethical Code?

Posted on July 03, 2009
According to a recent study published in the June 2009 edition of the New Media & Society journal entitled doing-the-right-thing-online-a-survey-of-bloggers-beliefs-and-practices, bloggers share a group of ethical principals. This first large-scale survey of blogging ethics identified four underlying ethical principles important to bloggers: truth telling, accountability, minimizing harm and attribution...

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Record Unemployment Reported For People With Disabilities In June

Posted on July 03, 2009
According to the U.S. Department of Labor, unemployment among people with disabilities reached its highest rate in June since the government began tracking such data. The rate of unemployment grew to 14.3% in June for people with disabilities. That?s the highest unemployment rate since the government began keeping disability specific employment records...

Does A Disabled Child Receiving SSI And Medicaid Remain Eligible For Medicaid After Beginning To Receive SSD Under A Parent?s Work Record?

Posted on July 02, 2009
The following excerpt is taken from a discussion between elderlaw attorneys recently posted on a listserv (or electronic bulletin board) in New Jersey: Q. - Is there a law that mandates that a disabled child maintain his/her eligibility for Medicaid when the child loses eligibility for Supplemental Security Income (SSI) benefits as a result of the [...

New Cause of Action for Civil Rights Violations at Nursing Homes Recognized

Posted on July 01, 2009
In a landmark opinion that recognizes a new category of lawsuits, the 3rd U.S. Circuit Court of Appeals ruled yesterday that the Federal Nursing Home Reform Amendments (FNHRA), 42 U.S.C. � 1396r et seq, gives residents of county-run nursing homes the right to bring civil rights claims to challenge the quality of their treatment...

Donald D. Vanarelli, Esq., Owner Of This Weblog, Is An Accredited VA Attorney

Posted on July 01, 2009
Donald D. Vanarelli, Esq. is honored to have received accreditation by the Department of Veterans Affairs (?VA?) to prepare, present and prosecute claims for veterans before the VA. Accreditation refers to the authority granted by the VA to those attorneys who meet the standards established by the VA...

Less Frequent Participation In Social Activities Is Associated With A More Rapid Rate Of Motor Function Decline In Old Age

Posted on June 30, 2009
According to a recent study published in the June 22, 2009 edition of the Archives of Internal Medicine , less frequent participation in social activity among older adults is associated with a more rapid rate of motor function decline. Although the loss of motor function is a common consequence of aging, with older persons displaying a [...

Wall Street Journal Advises Divorcing Couples In Financial Straits to Consider Mediation

Posted on June 28, 2009
The Wall Street Journal published an article today discussing the increasing number of couples separating and divorcing as a result of financial hardship brought on by the recession. Yet, according to the Journal, the recession also is causing some unhappy couples to rethink their marital situation, since a costly divorce would only further deplete already-shrunken [...

Social Security?s List of ?Best Practices for SSA Claimants? Representatives?

Posted on June 27, 2009
The Office of Disability Adjudication and Review (ODAR) administers the hearings and appeals program for the Social Security Administration (SSA). The ODAR has ten regional offices, 141 hearing offices, a national hearing center, and five satellite offices...

Who Is Eligible For A VA Burial Allowance?

Posted on June 26, 2009
Burial benefits from the Veterans Administration (VA) are payable only under certain conditions (see below from the excellent website maintained by the VA). You may be eligible for a VA burial allowance if: you paid for a veteran’s burial or funeral, AND you have not been reimbursed by another government agency or some other source, such as the [...

Supreme Court Rules In Favor Of Special Education Students

Posted on June 24, 2009
In a case pitting the family of a special needs high school student against the school district that had been ordered to pay the student’s hefty private school tuition, the U.S. Supreme Court ruled that, when schools do not appropriately identify and provide services to students with disabilities who require special education and related services, [...

Transfer Of Inheritance To Special Needs Trust Not Avoidable Under The Bankruptcy Code

Posted on June 23, 2009
In a 2007 U.S. Bankruptcy case from the District of Minnesota, a bankruptcy trustee unsuccessfully attempted to avoid the transfer of a disabled woman?s inheritance into a special needs trust established for the disabled woman. The debtor in Schultz v...

Issues That May Benefit From Elder Mediation

Posted on June 21, 2009
Elder conflicts typically involve disputes among adult siblings about issues surrounding an aging parent?s changing care needs and medical treatment; the independence issues that accompany the aging process, including housing and living arrangements; and issues regarding financial management and the elder?s estate plan...

Aging in America: Caring for Mom and Dad

Posted on June 21, 2009
With more Americans living well beyond their 70s, more adult children are now left in a position where they have to be caregivers for their aging parents. “There’s a greater likelihood today that, as a 55-year-old, you will have surviving parents, than there was say in the 1920s when both parents passed away before you reached [...

What Is An Accredited VA Attorney? Why Should Veterans Use An Accredited VA Attorney When Filing For VA Compensation or VA Pension Benefits?

Posted on June 18, 2009
An accredited VA attorney is an attorney who has been granted the authority by the Department of Veterans Affairs (?VA?) to prepare, present and prosecute claims for veterans benefits before the VA. Accreditation refers to the authority granted by the VA to those attorneys who meet the standards established by the VA...

NY Court Rules That Guardian May Conduct Medicaid Planning on Behalf of His Great Aunt

Posted on June 17, 2009
A New York trial court allows a guardian to conduct Medicaid planning on behalf of his ward, his great aunt, but requires that gifted money be put into a trust for the aunt’s personal needs. in-matter-of-ml (N.Y. Sup. Ct., No. 924XX/08, June 2, 2009)...

Are Affairs In Marriage More Acceptable Today Than In Years Past, Causing Fewer Divorces?

Posted on June 16, 2009
Here is a recent discussion thread on a mediation listserv concerning the effect of an affair on a marriage today. Q - I find that far fewer couples than I expected come to divorce mediation because of an affair. I wonder if that is true for you as well? For those of you who litigate as [...

Georgia Case Addresses The Impact Of VA Aid and Attendance Benefits On Medicaid Eligibility

Posted on June 15, 2009
A May 27, 2009 Administrative Law decision in Georgia addresses the impact of Veteran?s Administration (?VA?) Improved Pension with Aid and Attendance benefits on Medicaid eligibility. M.W. v. Georgia Department of Human Resources, reprinted here, concerns a nursing home resident who was the surviving spouse of a veteran and who was receiving Improved Pension with [...

June 15th Is World Elder Abuse Awareness Day

Posted on June 13, 2009
The International Network for the Prevention of Elder Abuse (INPEA) is an organization, founded in 1997, dedicated to the global dissemination of information as part of its commitment to the world-wide prevention of the abuse of older people. INPEA?s mission is ?to increase society?s ability, through international collaboration, to recognize and respond to the mistreatment [...

Recent Survey Shows Increase in Number of Divorcing Couples Unable to Afford Traditional Divorce Who Seek Cost-Effective Alternatives Such As Collaborative Divorce And Mediation

Posted on June 13, 2009
In a recent survey, 68% of Certified Divorce Financial Analysts (CDFA) contacted from across the country indicated that they have clients who could not afford to get divorced because of recession-related financial problems, with 63% of responding CDFA saying that the number has increased since the previous year...

Estate Planning for VA Aid and Attendance Eligibility

Posted on June 12, 2009
I copied the following dialogue from an elder law / estate planning listserv in which the participants were discussing strategies that they claimed veterans could use to qualify for VA Aid and Attendance benefits. Do you think the suggested strategies would work? Q - Does anyone have knowledge or experience on how the VA is currently [...

Sensible Estate Tax Act of 2009

Posted on June 11, 2009
Under the law passed by President Bush, the Economic Growth and Tax Reconciliation Act of 2001 (?EGTRA?), there is no estate tax in 2010, and estates pay only capital gains tax; then the estate tax returns with a $1 million exemption in 2011. President Obama wants to prevent this one year gap by making the [...

Notice To All Veterans (And Widowed Spouses Of Veterans): Substantially Improved Veterans Benefits Now Available

Posted on June 10, 2009
Veterans may be eligible to receive up to $1,949 in non-taxable monthly income from the VA to pay for home health care, assisted living facility care, and nursing home care. To receive the improved VA benefits, the following criteria must be met: (1) the veteran must have served at least 90 days on active duty in [...

Jersey Hospitals Facing Loss Of Millions In Medicaid Funds

Posted on June 10, 2009
According to the June 8, 2009 edition of the Star-Ledger newspaper, two-thirds of New Jersey’s hospitals stand to lose money under a proposal that would change how the state doles out $400 million for patients on Medicaid. The change, slated to occur this August, has nothing to do with New Jersey’s budget woes...

VA Priority Groups

Posted on June 09, 2009
The Veterans Health Administration (VHA) operates and maintains a nationwide network of medical treatment centers, medical research centers and information resource centers. Through its nationwide network of facilities, the VHA provides inpatient and outpatient care, geriatric evaluations, nursing home care and domiciliary, home health, adult day, residential / respite care programs for veterans...

Medicaid Eligibility Established Although Gifts Were Made During The Look-Back Period

Posted on June 08, 2009
In the May 27, 2009 Initial Decision of Estate of M.M. v. DMAHS, a New Jersey administrative law judge (?ALJ?) made noteworthy decisions regarding two Medicaid topics: (1) increasing the Community Spouse Resource Allowance (?CSRA?); and (2) rebutting the presumption that a transfer of assets was made to establish Medicaid eligibility...

Recent Decision By Director Of Medicaid Shows Continuing Hostility Toward Annuities As A Medicaid Planning Tool

Posted on June 04, 2009
As I had reported in my March 4, 2009 post, found here, a New Jersey administrative law judge (?ALJ?) in the E.F. v. DMAHS case had held that an annuity purchased by a community spouse with retirement assets from the community spouse?s IRA was exempt in determining the institutional spouse?s nursing home Medicaid eligibility...

Preventing Future Challenges To Your Estate Plan

Posted on June 01, 2009
When developing your estate plan, it is important to recognize the possibility that, after your death, that plan could be challenged by those who expected more favorable treatment from you under your Last Will and Testament. For example, if you choose not to leave your estate equally to all of your children under your will, [...