Elder Law
Law Office of Donald D. Vanarelli Blog 
New Jersey Elder Law, Estate and Special Needs Planning, Mediation and Collaborative Family Law.
Post Frequency: 5.2/day Last Entry: July 09, 2009 at 18:18:42 Recent Entries: 227
By Donald D. Vanarelli
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Top 10 Winning Arguments When Appealing From An ALJ?s Denial Of A Social Security Or SSI Disability Claim
Posted on July 09, 2009Here 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, 2009The 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, 2009According 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, 2009According 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...
Record Unemployment Reported For People With Disabilities In June
Posted on July 03, 2009According 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, 2009The 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, 2009In 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, 2009Donald 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, 2009According 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, 2009The 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, 2009The 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, 2009Burial 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, 2009In 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, 2009In 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, 2009Elder 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, 2009With 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, 2009An 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, 2009A 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, 2009Here 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, 2009A 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, 2009The 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, 2009In 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, 2009I 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, 2009Under 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, 2009Veterans 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, 2009According 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, 2009The 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, 2009In 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, 2009As 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, 2009When 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, [...
Parents Of Disabled Child Removed As Trustees of Child?s Special Needs Trust After Commingling Funds
Posted on May 29, 2009A Rhode Island court removed the co-trustees of a special needs trust established for the co-trustees’ son after the parents, who were getting divorced, commingled trust funds with their own bank accounts and spent trust funds on alcohol and their own rent and groceries...
Introducing The Incoming Officers Of The NJ State Bar Association Elder and Disability Law Section
Posted on May 28, 2009I am happy to report that the owner of this weblog has been elected as the Vice-Chair of the New Jersey State Bar Elder and Disability Law Section. The slate of incoming officers of the NJSBA Elder and Disability Law Section follow: Chair ? Bob Brogan Vice Chair & Retreat Coordinator ? Don Vanarelli Secretary ? Cathy Pisciotta Roundtables [...
What Is A Certified Elder Law Attorney (And How Do I Choose The Right One)?
Posted on May 27, 2009The elderly and special needs population today faces legal issues that are increasing in both number and complexity. The issues affecting our elders and the disabled include ever-changing laws and regulations governing Medicare, Medicaid, and Social Security, as well as related issues such as estate planning, disability and long term care planning, guardianships, elder abuse, [...
Elder Mediation Center Founders Were Speakers at the ABA?s Section of Dispute Resolution 11th Annual Spring Conference
Posted on May 27, 2009The founders of the Elder Mediation Center of New Jersey (EMCNJ) presented a program entitled ?Elder Mediation: An Ethical Approach,? at the ABA?s Section of Dispute Resolution Spring Conference held in New York City on April 16th. The founders of the Elder Mediation Center of New Jersey are: Marcie Cooper, Marcie Cooper Care Management LLC, Fair Lawn, [...
NJ Appeals Court Rules That A Transfer of Assets Was Post-DRA Because It Occured When Checks Were Cashed, Not Written
Posted on May 26, 2009A New Jersey appeals court held earlier this month that a Medicaid applicant’s transfer of assets occurred when the checks she wrote were cashed, not when they were written, so the Deficit Reduction Act of 2005 (DRA) applies to the transfer and the penalty period begins when the applicant would have been otherwise eligible for [...
Advance Directives: The Importance of Planning
Posted on May 22, 2009Emotional reactions to the thought of end-of-life decisions prevent many people from planning for their future health needs; nevertheless, it is vital to stress to your clients that ?planning now for your future health care is one of the most important acts you will ever do for yourself and your loved ones...
The Issue Of Capacity In The Elder Mediation Process
Posted on May 20, 2009The issue of capacity is a critical threshold issue in the elder mediation process. The legal standard for determining ?capacity? varies, depending upon the transaction in issue. For example, testamentary capacity (the capacity to make a valid will), is said to exist if, at the time the will is made, the testator is able to [...
The Ten Basic Tenets of Mediation
Posted on May 17, 2009John M. Haynes, one of the founders of modern mediation practice, postulated basic tenets of mediation which are useful to recall when mediating a difficult case: The mediator is the manager of the participants? negotiations. The participants control the content while the mediator controls the process of the mediation...
I was a Panelist at the New Jersey State Bar?s Annual Meeting, discussing ?Representing Clients With Diminished Capacity?
Posted on May 15, 2009Earlier this week I was a participant on a panel held at the New Jersey State Bar Association’s Annual Meeting in Atlantic City, NJ. The other panelists were Linda Ershow-Levenberg, Esq. and Brenda McElnea, Esq., both formerly Chairs of the Elder Law Section of the State Bar Association...
My Paper, Discussing the Impact of Financial Exploitation on Medicaid Eligibility, Chosen as Lead Article in The ElderLaw Report
Posted on May 14, 2009It is not uncommon for an elderly or disabled person to entrust his or her finances to a third party. For example, an elder may execute a power of attorney as a simple estate planning tool in order to ensure that his or her affairs are properly handled in the event that the elder is [...
The VA?s Duty To Assist Claimants
Posted on May 12, 2009Under its statutory duty to assist claimants, the Veteran?s Administration (VA) is required to assist a veteran in obtaining the evidence necessary for the agency to make a decision on a claim for benefits. In general, VA has a duty to assist a claimant in obtaining all relevant records, to provide medical examinations and, where [...
Advance Medical Directives: The Basics
Posted on May 10, 2009While personal autonomy has long been recognized as a hallmark of modern society, patient autonomy has more recently emerged as a hallmark of modern medical ethics. Lynch, H., Mathes, M. and Sawicki, N., Compliance with Advance Directives: Wrongful Living and Tort Law Incentives, 29 Journal of Legal Medicine 133 (Apr...
Canadian Centre for Elder Law Establishes National Project on Guardianship Mediation
Posted on May 10, 2009The Canadian Centre for Elder Law (”CCEL”) is a national, non-profit body dedicated to exploring the particular legal issues which affect older Canadians. The mandate of the CCEL includes research, law reform, and education relating to legal issues of interest to older adults...
The Elder Mediation Process
Posted on May 06, 2009As opposed to litigation, mediation is a voluntary process in which a neutral third party helps guide the parties in conflict toward an understanding of their dispute; control of family issues and emotions; compromise and resolution of that conflict; and, perhaps, toward a new way of relating to family members...
Planning for Disabled Children and Adults: Special Needs Trusts and Supplemental Benefits Trusts
Posted on May 05, 2009As discussed below, a self-settled special needs trust is a device used to protect funds belonging to a disabled person resulting from, for example, a tort action. An estate planning tool with similar features but important differences may be used to protect a disabled child?s inheritance from a parent: the testamentary supplemental benefits trust...
American College of Trial Lawyers Recommends Use of Alternative Dispute Resolution
Posted on May 03, 2009A report recently released by the American College of Trial Lawyers Task Force on Discovery included a recommendation that courts should ?raise the possibility? of pre-trial mediation and other ADR processes, and in some cases should order their use. The project was conceived because of increasing concerns that problems in the civil justice system have [...
Assessing The Need for Guardianship
Posted on May 03, 2009Professionals whose practices are devoted to our aging population are often confronted with older adults who appear to be struggling to manage their financial or medical affairs. Questions may arise as to an individual?s competency, based upon advanced age, physical infirmities and/or cognitive deficits...
The Application For Veteran?s Benefits
Posted on May 01, 2009A claim for VA compensation or pension benefits is initiated by submitting VA Form 21-526, the proscribed application for benefits, to the agency. See 38 U.S.C. § 5101. In the alternative, any writing submitted to the VA can be an application for benefits since a claim for VA benefits does not have to be submitted [...
More information About the One-Time Economic Stimulus Payment For SSA And SSI Recipients
Posted on May 01, 2009The American Recovery and Reinvestment Act of 2009 (Recovery Act) was signed into law by President Obama on February 17th, 2009. As part of the Recovery Act, nearly 55 million Social Security and Supplemental Security Income (SSI) beneficiaries will receive a one-time payment of $250 each...
Medicare won?t help Part D beneficiaries recover insurance overcharges
Posted on April 29, 2009Seniors who have been overcharged by Medicare?s prescription drug program shouldn’t look to the government for help. The government-run health-care program for older adults appears to have washed its hands of any responsibility for mistakes that have cost subscribers and taxpayers several billion dollars...
What is Elder Mediation?
Posted on April 28, 2009Elder mediation, like elder law, is defined by the client to be served. Elder mediation is the mediation of any dispute that involves elders, the disabled, their families or others in their lives. Elder disputes often possess traits that may make elder mediation a particularly attractive option for elders and their loved ones...
Estate Planning For Pets
Posted on April 27, 2009A testamentary trust to provide for the care of a pet is now expressly authorized by New Jersey statute. Pursuant to N.J.S.A. 3B:11-38, a trust may designate that principal or income may be used for the care of a domesticated animal, and the intended use of that principal or income may be enforced by the [...
VA Compensation Claims and the ?Medical Nexus? Requirement
Posted on April 23, 2009There are three criteria that a veteran must meet in order to receive service-connected compensation from the Veterans Administration (VA): A Current Disability. There must be a current disability, one that has been diagnosed by a medical professional; An Event In Service...
New State Law Bars Alimony, Inheritance for Abusive, Neglectful Parents
Posted on April 21, 2009Parents who abuse, abandon, neglect or cause the death of their children will be ineligible for alimony and for inheritance benefits from their children’s estates, under a new state law signed by Gov. Jon Corzine on April 17 that takes effect in July...
New Jersey?s Public Advocate Says Assisted Living Company ?Ruthlessly? Evicted Residents Once They Went on Medicaid
Posted on April 20, 2009A national assisted living company broke its promises to elderly New Jersey residents by throwing them out after allowing them to believe they could convert to Medicaid when their life savings were depleted, a report by the state’s Public Advocate has determined...
Two Year Waiting Period For Medicare Eligibility Under Social Security Disability Program Would Gradually Disappear In Proposed Legislation
Posted on April 17, 2009As many Social Security Disability Insurance (SSDI) recipients already know all too well, there is currently a two-year waiting period from the day their applications are approved until they can begin receiving Medicare benefits. This policy forces people with disabilities to either find another form of health insurance (sometimes through Medicaid, if they qualify), or [...
Results Of New Study: Parents Have No Long-Term Care Plan For Special Needs Kids
Posted on April 14, 2009It is well known that the vast majority of America?s 2.6 million children with special needs will need costly care long after their parents have passed away. However, a new study from Hartford Financial Services has found that three in five (62%) parents of children with special needs have no plan to cover the cost [...
Elder Mediation Center founders selected to speak at the ABA?s Section of Dispute Resolution 11th Annual Spring Conference
Posted on April 14, 2009Founders of the Elder Mediation Center of New Jersey (EMCNJ) will present a program entitled “Elder Mediation: An Ethical Approach,” at the ABA?s Section of Dispute Resolution Spring Conference to be held in New York City on April 16th. A summary of the EMCNJ?s session follows: Elder Mediation: An Ethical Approach Elder mediation is designed to resolve [...
Seminar Given By Founders Of The Elder Mediation Center Of New Jersey
Posted on April 14, 2009The Elder Mediation Center of New Jersey invites you to explore the practice of Elder Mediation. This program is designed for professionals engaged in the field of aging,including geriatric care managers, social workers, discharge planners, case managers, attorneys and mediators...
Blogging Lawyers: Redux
Posted on April 13, 2009I achieved a milestone a few posts ago. On April 1, 2009, I wrote my 200th blog post, found here - http://www.dvanarelli.com/blog/2009/04/01/intentionally-omitting-children-from-your-will/. HOO-RAY. I wrote my first blog post less than one year ago, on April 21, 2008, and got to my 100th blog post about 7 months later, on November 28, 2008, when I [...
Tidal Wave Of Autistic Children Entering Adulthood Threatens To Swamp Social Service Networks
Posted on April 11, 2009Linda H. Davis wrote an April 4th column in the Washington Post that a tidal wave of autistic children will be entering adulthood over the next 15 years, numbering more than 380,000 people. They will need extensive adult services, including housing, day programs, transportation to and from social programs and jobs, more-than-average medical care, supervision [...
Last Week Senate Voted to Exempt Estates Of Up To $10 Million From Any Estate Taxes
Posted on April 09, 2009President Bush?s tax cut law passed in 2001, called the Economic Growth and Tax Relief Reconciliation Act of 2001, Pub.L. 107-16, 115 Stat. 38, June 7, 2001 (hereafter ?EGTRRA?) gradually phased out the estate tax by raising the exemption level and reducing the top rate; in 2009, only estates valued at more than $3...
Director of Medicaid Affirms ALJ?s Decision Awarding Medicaid to Beneficiary of Trust Reformed by the Court to Comply with Special Needs Trust Rules
Posted on April 08, 2009On February 14, 2009, I blogged about the decision of the administrative law judge in the E.C. vs. Division of Medical Assistance and Health Services case. In the E.C. case, the ALJ reversed a decision denying Medicaid benefits to a developmentally-disabled woman in a nursing home whose parents had established testamentary trusts in their wills [...
Estate Planning For Same Sex Couples
Posted on April 06, 2009In the 2006 Lewis v. Harris decision, the New Jersey Supreme Court held that, although same-sex marriage is not a right guaranteed under the New Jersey Constitution, the equal protection principles of our Constitution guarantee same-sex couples the same ?right to and the rights of? marriage...
Congress Proposes Tax-Deferred Savings Accounts, called ?ABLE? accounts, for People with Special Needs
Posted on April 03, 2009A bill that would create tax-deferred savings accounts for people with special needs has been introduced in the House and Senate. If passed, the new legislation would allow family members, friends, or a person with special needs to place up to $500,000 of funds into an “ABLE” (Achieving a Better Life Experience) account that functions [...
Intentionally Omitting Children From Your Will
Posted on April 01, 2009If a client chooses not to leave his estate equally to his heirs, or even to disinherit one or more of the children from any distribution of estate assets, the client?s estate attorney can take steps now to minimize the risk of a future challenge to the will...
More Companies Eliminate 401(k) Matches
Posted on March 31, 2009The battle for a secure retirement is about to get even tougher. Several new surveys of company executives show that they plan to reduce or suspend their company’s retirement-plan contributions this year. Dozens of employers in the past year have already slashed such costs...
Overview of the VA Compensation Claims Process
Posted on March 30, 2009Under the veterans’ compensation benefits system, a veteran, a veteran’s dependents or a veteran’s survivors are required only to submit a “plausible claim” for an entitlement to VA benefits. Once a plausible claim has been submitted, the burden to fully and completely develop evidence to support that claim lies with the Department of Veterans Affairs [...
Social Security?s New Rulings Clarify How The Agency Determines Childhood Disability Under the ?Functional Equivalence? Rule
Posted on March 29, 2009On February 17 and 18, 2009, the Social Security Administration (SSA) issued a series of eight Social Security Rulings clarifying and updating the SSA’s process for determining childhood disability under the “functional equivalence” rule...
Stimulus Payment for Social Security Recipients to Arrive in May?s Mail
Posted on March 27, 2009On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act (aka the stimulus bill). This law provides for a one-time economic recovery payment of $250 to most Social Security, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) beneficiaries who were eligible under the programs during November or December [...
Shrinking Staff Levels, A Dramatically Increasing Workload And More Complicated Disabling Impairments Lead To An Exploding Backlog Of SSA Claims
Posted on March 25, 2009According to a recent report by the Government Accountability Office, shrinking staff levels, a dramatically increasing workload and more complicated disabling impairments will lead to an exploding backlog of claims for social security retirement and disability claims...
Westfield Lawyer Donald D. Vanarelli Selected As A New Jersey Super Lawyer for Third Consecutive Year
Posted on March 25, 2009Highly regarded Certified Elder Law Attorney among just five percent of lawyers in state to be recognized with prestigious professional designation. Donald D. Vanarelli, Esq., with offices at 242 St. Paul Street, Westfield, NJ, has been selected as a ?New Jersey Super Lawyer? in the areas of Elder Law and Estate Planning in 2009...
Frail Elderly Nursing Home Residents Have Become Victims Of Younger, Stronger and Dangerous Mentally Ill
Posted on March 25, 2009Over the past several years, nursing homes have become dumping grounds for young and middle-age people with mental illness, according to Associated Press interviews and an analysis of data from all 50 states. And that has proved a prescription for violence, as Jackson’s case and others across the country illustrate...
NJ Senate Approves Palimony in Writing Legislation
Posted on March 23, 2009Earlier this month, the state Senate approved, by a vote of 21-14, bipartisan-sponsored legislation that would require all palimony agreements to be in writing and signed in order to be enforceable. The bill, s-2091, amends N.J.S.A. 25:1-5, which already requires that prenuptial agreements be put into writing...
Pew Research Center Issues Its Bleakest-Ever Report On The State Of The News Media in the United States
Posted on March 22, 2009The Pew Research Center?s Project for Excellence in Journalism, a nonpolitical, nonpartisan research institute, recently published its Sixth Annual Report on the State of the News Media in the United States. The Project editor called it ?the bleakest report ever issued...
Deirdre Wheatley-Liss, Local Attorney, Named to New Jersey?s Best 50 Women in Business
Posted on March 21, 2009Congratulations to my colleague, Deirdre Wheatley-Liss, on being chosen as one of New Jersey?s 50 Best Women in Business by NJBIZ magazine. Here is a press release about the achievement. I know of at least three of Deirdre?s achievements: she has earned an LLM in taxation from NYU (wow), she has been board-certified as an [...
State and Federal Courts Disbar Attorney for Backdating Deed for Medicaid Planning Purposes
Posted on March 15, 2009In January 2009, the U.S. Court of Appeals for the Sixth Circuit disbarred an attorney who backdated a deed for Medicaid planning purposes and engaged in self-dealing. in-re-cook (U.S. Ct. App., 6th Cir., No. 08-3026, Jan. 6, 2008). In 2001, Ohio attorney Linda S...
New Jersey Court Rules That Hospital Must Resume Life Support For Patient In Vegetative State
Posted on March 11, 2009A Union County judge has ordered life support resumed for a patient who has been in a vegetative state for 14 months, restraining a hospital from taking it upon itself to discontinue or suspend treatment, and rejecting arguments that public health considerations take precedence over the patient?s family?s wishes...
Do You Have An Advance Directive For Mental Health Care? Why Would You Want One?
Posted on March 06, 2009NJ Administrative Judge Finds That A Retirement Annuity Owned By A Community Spouse Is Exempt Under Medicaid
Posted on March 04, 2009Ten most common reasons why a claimant for Social Security benefits may lose on appeal
Posted on February 28, 2009Social Security?s Disability Backlog: Economic Stimulus Package May Help
Posted on February 26, 2009The average time it takes to process a claim for benefits with Social Security Administration (SSA) in November and December 2008 was 480 days. The Newark, NJ district (covering northern New Jersey) did somewhat better, ranking 58th out of 447 districts nationwide, with an average processing time of 447 days...
Obama Plans to Freeze the Federal Estate Tax at Current Levels and to Make the Estate Tax Marital Deduction ?Portable?
Posted on February 25, 2009The Wall Street Journal recently reported here and here that the new administration has decided to permanently lock the estate tax in at the rate and exemption levels that took effect this year. That change in the law would exempt estates of $3.5 million — $7 million for couples — from any taxation...
Court Finds That Vaccines Are Not Responsible for Autism
Posted on February 25, 2009A special court recently ruled against three families who claimed that childhood vaccinations contributed to their children’s autism. The families had requested compensation from the federal vaccine injury fund, which was established to compensate injuries incurred through mandatory vaccinations, after their children developed autism following routine measles, mumps and rubella (MMR) vaccinations...
Funds Set Aside for Legal Fees Pursuant to a Court Order are Countable Assets
Posted on February 23, 2009Recently, a Massachusetts trial court upheld a hearing officer’s decision holding that assets which a probate court authorized a Medicaid applicant’s guardian to set aside for legal and guardianship fees are a countable asset for Medicaid eligibility purposes...
My Article on ?Emerging Medicaid Eligibility Strategies? Published in the New Jersey Law Journal
Posted on February 22, 2009Recently, a number of significant decisions have been produced by New Jersey courts and administrative agencies in cases involving appeals from denials of Medicaid eligibility. These new decisions have rendered ineffective many Medicaid planning strategies which attorneys once relied upon to help elderly and disabled clients qualify for Medicaid, and highlighted promising new strategies which [...
Two New Studies Document The Effect That The Economic Downturn Is Having On People With Disabilities
Posted on February 20, 2009According to the February 19th Edition of the Kansas City Star newspaper’s online edition, KansasCity.com, people with disabilities are one of the hidden victims of the economic downturn A new study shows that Social Security Disability Insurance (SSDI) claims have generally increased during the seven recession periods over the past four decades...
Are Prisoners Entitled to Social Security Benefits?
Posted on February 19, 2009A recent Social Security case I got involved in brought this issue to my attention for the first time. My client, who had received Social Security disability benefits in the past, had not received any benefits during his incarceration in prison, and wanted to reinstate his benefits now that he had been released...
State Tax Incentives for Long-Term Care Insurance in New Jersey and New York
Posted on February 19, 2009New Jersey allows a deduction of medical expenses, including long-term care insurance premiums, to the extent that they exceed 2% of adjusted gross income. N.J. Stat. Sec. 54A:3-3 New York, on the other hand, provides a tax credit of 10% of the premiums for long-term care policies approved by the Superintendent of Insurance pursuant to Section [...
Economic Stimulus Bill Dramatically Boosts Spending for Special Education and Low Income Students
Posted on February 18, 2009The economic stimulus bill, which President Obama signed yesterday, dramatically ramps up spending for a broad array of social programs for needy and disabled Americans. The bill raises federal spending for schools that serve largely low-income students from $14 billion to more than $27 billion...
House passes H.R. 448, the Elder Abuse Victims Act of 2009
Posted on February 18, 2009The House of Representatives has passed the Elder Abuse Victims Act of 2009 (H.R. 448). The bill authorizes funding “to protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid victims of elder abuse, to provide training to prosecutors and other law enforcement [...
An Introduction to Capacity Assessments
Posted on February 16, 2009(I am happy to welcome my friend and colleague Eileen A. Kohutis, Ph. D. to the Law Office of Donald D. Vanarelli Blog as a guest blogger. Eileen is a psychologist in private practice in Livingston and Liberty Corner, New Jersey. Eileen and I met last year when we were both helping to form the [...
Denial of Medicaid Eligibility After Court Reformed Testamentary Trusts in Parents? Wills to Special Needs Trusts Reversed on Appeal
Posted on February 14, 2009In the ec-v-division-of-medical-assistance-and-heath-services case, the petitioner E.C. was a 67 year old physically and developmentally disabled woman who resided in a nursing home. Both of her parents were deceased. The parents had established testamentary trusts in both of their wills for the benefit of E...
Supreme Court OKs Payment Of Pension Plan Benefits To Designated Ex-Spouse Beneficiary Despite Her Waiver Of Rights To Pension In Divorce Judgment
Posted on February 14, 2009A new Supreme Court decision illustrates the importance of making sure your beneficiary designations are up-to-date. The Supreme Court has unanimously ruled that a plan administrator properly distributed benefits under an ERISA pension plan to a deceased participant’s ex-spouse, as she was the only designated beneficiary, even though she had waived her interest in plan [...
New Jersey Will Receive At Least $2.2 Billion In Medicaid Aid From Stimulus Package
Posted on February 13, 2009New Jersey will receive an additional $2.2 billion for its Medicaid program under the stimulus package emerging from Congress, providing a financial boost to a safety-net program that officials say will face more demands as the recession continues. With the economy battering state revenues, N...
Supreme Court Rules on Long Term Disability Conflict of Interest
Posted on February 12, 2009The U.S. Supreme Court has affirmed earlier holdings that a conflict of interest exists in long term disability (LTD) cases when the same entity (such as an employer or an insurance company) determines whether an employee is eligible for benefits and also pays these benefits to the employee...
ABA Launches National Clearinghouse for Mediator Ethics Opinions
Posted on February 10, 2009The ABA Section of Dispute Resolution Ethics Committee has created a national clearinghouse for mediator ethics opinions and decisions. The clearinghouse provides a searchable database with hundreds of opinions on mediator ethics. It includes public domain opinions from 43 states, thus providing the first place to consult for ethical guidance on the practice of mediation...
Top 10 New Jersey Family Law Cases Decided In 2008
Posted on February 10, 2009On January 31, 2009, the New Jersey Institute for Continuing Legal Education hosted the annual Family Law Symposium, a “must attend” annual learning event for family law attorneys practicing in New Jersey. One of the presenters at the Symposium presented his “top 10 family law cases decided in 2008...
Social Security Administration increases limit on SSA and SSI claims-related fee agreements
Posted on February 10, 2009The Social Security Act (Act) provides a streamlined process for an attorney to obtain approval of the fee he or she wishes to charge for representing a claimant before the Social Security Administration (SSA) in claims for Social Security and Supplemental Security Income benefits...
Palimony-in-Writing Bill Passed by Senate Judiciary Committee
Posted on February 09, 2009The Senate Judiciary Committee recently approved bipartisan-sponsored legislation that would require all palimony agreements to be in writing and signed in order to be enforceable. The bill, S-2091, amends N.J.S.A. 25:1-5, which already requires that prenuptial agreements be put into writing, to include palimony agreements...
Use This Negotiation Preparation Form To Help You Prepare For Your Next Mediation
Posted on February 08, 2009If you want to achieve optimal results in a mediation or other type of negotiation, you must be organized, know your case well and know as much as possible about your opponent?s case. The Negotiation Preparation Form below, adapted from a similar form in the excellent materials provided by Professor Charles B...
Comparison of the Costs of Divorce: Mediation vs. Collaborative vs. Litigation
Posted on February 08, 2009A recent article on the MSNBC website entitled More Couples Seeking Kinder, Gentler Divorces contains an interesting comparison of the costs involved in mediated, collaborative and litigated divorces. The comparison was prepared by the Boston Law Collaborative, a law firm in Boston where the staff includes a psychologist and a financial planner...
February 8th is Autism Sunday
Posted on February 08, 2009Sunday, February 8th, has been designated as Autism Sunday, an international day of prayer for those with autism spectrum disorders. Autism Sunday was first held in 2002 during Autism Awareness Year in the United Kingdom. This event is a new way to raise autism awareness around the world: World Church Leaders have sent messages of support [...
Immediate Annuities and Long-Term Care Planning
Posted on February 06, 2009The Benefits of Immediate Annuities An immediate fixed annuity may be the answer for those seeking a steady stream of income in retirement. When you purchase an immediate fixed annuity, you give a lump sum to an insurance company. The insurance company then pays you a set amount each month for the rest of your life...
Alzheimer?s group pushes for ?Silver Alerts? in New Jersey
Posted on February 06, 2009New Jersey may soon join a growing number of states that issue alerts when a person with Alzheimer’s disease, dementia or similar age-related cognitive impairments goes missing. Lawmakers are considering a bill that would create “Silver Alerts,” community alerts similar to the widespread Amber Alert program that is used to locate and recover missing children...
Executor Can Impose Trust To Prevent Surviving Spouse?s Unjust Enrichment
Posted on February 04, 2009An executor may block a surviving spouse’s attempts to withdraw assets from a decedent’s estate where the couple was in the midst of a divorce at the time of his death and the transfers would result in unjust enrichment, a New Jersey appeals court recently ruled...
VA Continues To Underestimate The Costs Of Long-Term Care For Disabled Vets
Posted on February 03, 2009The long-term budget plan developed by the Department of Veterans Affairs (VA) for rehabilitating veterans in nursing homes, hospices and community centers is flawed and underestimates costs by millions of dollars, according to a Government Accountability Office report released recently, the AP/Philadelphia Inquirer reported...
New Jersey Court Rules For The First Time That An Annuity Owned By The Community Spouse Is Not An Available Resource In Determining The Institutional Spouse?s Eligibility For Nursing Home Medicaid Benefits
Posted on February 03, 2009As I reported here and here, federal district and appellate courts in Pennsylvania have ruled that an annuity purchased with a couple?s excess resources and payable to the community spouse is not countable in determining the institutionalized spouse?s eligibility for nursing home Medicaid benefits...
Annual Estate and Gift Tax Exclusions in 2009
Posted on February 03, 2009Every year the Internal Revenue Service publishes new rates and tables for a variety of tax exemptions. Here are the 2009 annual estate and gift tax exclusions, effective as of January 1, 2009. 1) The Annual Gift Tax Exclusion is $13,000 in 2009. As a result of the 2009 annual gift tax exclusion, any person can [...
Life Settlement Planning Opportunities
Posted on February 01, 2009(I previously blogged about life settlements here, but there’s much more to say about the subject. Thus, I asked my colleague, Joel Kastin, an insurance broker, to contribute an article discussing life settlements, and he agreed to participate...
Medicaid Applicant Denied Fair Hearing After Her Power of Attorney Waited Too Long to Appeal Denial of Medicaid Application
Posted on January 31, 2009A New Jersey appeals court recently determined that a Medicaid applicant is not entitled to a fair hearing to appeal the state’s assessment of a one-month penalty period because her representative waited more than three months after the decision to request the hearing...
Principles And Guidelines For The Practice Of Collaborative Law
Posted on January 30, 2009I. Goals 1. Our goal is to create settlement options for the benefit of ourselves and our families; and to minimize, if not eliminate, the negative economic, social and emotional consequences of divorce for ourselves and our families. 2. We will strive to be honest, cooperative and respectful as we work in this process to achieve [...
NJ Appellate Court Holds That Mere Friction Or Hostility Between A Beneficiary And A Trustee or Executrix Is Not Sufficient Grounds For Removal Of A Fiduciary
Posted on January 29, 2009In an unpublished opinion, the Superior Court, Appellate Division, reversed a trial court’s judgment summarily removing the executrix of an estate and appointing an independent third party administrtor based upon a finding that the executrix and beneficiary did not get along...
New Banner For The Elder Mediation Center Website
Posted on January 28, 2009We at the Elder Mediation Center are thinking of trying out a new banner, to accompany the new look at our Elder Mediation Center of New Jersey website. What do you think? Here’s our new creation:
Upcoming Program For Professionals Engaged In The Field Of Aging Sponsored By The Elder Mediation Center Of New Jersey
Posted on January 28, 2009The Elder Mediation Center of New Jersey invites you to explore the practice of Elder Mediation. This program is designed for professionals engaged in the field of aging, including geriatric care managers, social workers, discharge planners, case managers, attorneys and mediators...
Bills Would Deprive Abusive Parents of Alimony And Inheritance Rights
Posted on January 27, 2009Recently, the Senate and Assembly judiciary committees unanimously recommended passage of legislation that would eliminate alimony and inheritance rights for parents who abuse, abandon, neglect or cause the death of their children. Under current law, noneconomic fault is irrelevant to alimony awards except in egregious circumstances, and the intestate share of a decedent child is [...
Measure Would Mandate That Palimony Pacts Be In Writing
Posted on January 27, 2009Recently, New Jersey’s Senate Judiciary Committee signaled bipartisan support for legislation that would require that all palimony agreements be in writing and signed to be enforceable in court. The bill, s2091, would amend N.J.S.A. 25:1-5 by adding a new paragraph stating, “A promise by one party to a non-marital personal relationship to provide support for the other [...
The Basics of VA Compensation Benefits and the Effect that the receipt of VA Compensation will have upon Eligibility for SSI and Medicaid Benefits
Posted on January 26, 2009If a person with disabilities is a veteran, a child of a veteran, the spouse of a veteran, or the parent of a veteran, the disabled person may be eligible to receive benefits from the U.S. Department of Veterans Affairs (VA). Moreover, the receipt of these benefits may jeopardize Supplemental Security Income (SSI) or Medicaid [...
The Basics of VA Pension Benefits
Posted on January 26, 2009A. The Difference Between VA Compensation and VA Pension Benefits. A veteran who suffered an injury or contracted a disease while on active duty, and the injury or disease was the result of the veteran’s service or was exacerbated by the veteran’s service, can receive monthly income from the U...
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
Posted on January 23, 2009The U.S. District Court for the Western District of Pennsylvania, in a case entitled Weatherbee v. Richman, ____ F. Supp. _____ (C.A. No. 07-134, January 22, 2009), has issued an opinion essentially following the reasoning of the United States Court of Appeals of the Third Judicial Circuit in the James v...
Uniform Adult Guardianship And Protective Proceedings Jurisdiction Act
Posted on January 22, 2009The Uniform Adult Guardianship and Protective Proceeding Jurisdiction Act (UAGPPJA) has been endorsed by the New Jersey State Bar Association, and is scheduled for introduction in the state legislature for consideration and possible adoption. The Act addresses the issue of jurisdiction over adult guardianships, conservatorships, and other protective proceedings, providing a mechanism for resolving multi-state jurisdictional [...
CMS issues new POMS for trusts
Posted on January 21, 2009A new Programs Operations Manual System (POMS), used by Social Security Administration employees to administer the Social Security and Supplemental Security Income (SSI) programs, has recently been issued by the Center for Medicare and Medicaid Services (CMS) for trusts under the heading ?SI 01120...
SSA Adopts ?Preponderance of the Evidence? Standard
Posted on January 19, 2009The Social Security Administration (SSA) has issued a final rule that applies the ?preponderance of the evidence? standard, not the ?substantial evidence? standard, to decisions made in claims at all levels of administrative review, including decisions made by an administrative law judge...
SSA Online Retirement Tools
Posted on January 18, 2009Retirement Estimator. The Social Security Administration (SSA) has a new on-line calculator that allows authenticated individuals to calculate estimates of potential retirement benefits in real time, based in part on their SSA-maintained records and in part on information they enter...
Legal Podcasting
Posted on January 17, 2009A podcast is a series of audio or video digital media files which is distributed over the Internet to portable media players and personal computers. According to Wikipedia, the word “podcast” stands for “Personal On Demand broadCASTING...
Top 10 (Actually 14) New Jersey Guardianship / Elder Law / Medicaid and Public Benefits Planning Cases
Posted on January 15, 2009In my years of practicing elder law and guardianship litigation, I?ve become accustomed to meeting with elderly clients and their families who are shocked when I inform them that Medicare, the medical insurance which covers the medical bills of most elderly clients, does not pay for long-term care costs, either at home or in a [...
Law Is Far From The Worst Profession; Lawyers Rank Substantially Higher Than Nuclear Decontamination Technicians
Posted on January 12, 2009In spite of all of the complaining that lawyers do about their jobs and clients do about their lawyers, law is far from the worst profession one can have, a recent study finds. Of 200 jobs rated by Careercast based on environment, income, employment outlook, physical demands and stress, the 10 most desirable jobs were [...
Top 6 New Jersey Elder Law Cases in 2008
Posted on January 11, 2009There were 6 significant cases published in New Jersey in 2008 in the area of elder law, the majority of which came out of the administrative forum. That is, 5 of the following 6 cases were issued by the Office of Administrative Law. All of the cases involved elderly clients who engaged in Medicaid estate [...
Key Decisions in Setting Up a Special Needs Trust
Posted on January 10, 2009Simply defined, a trust is an agreement between two people — a grantor who donates funds to the trust and a trustee who manages those funds according to the grantor’s wishes, which are laid out in a trust document. The funds in the trust are typically used to assist a person or group, called the [...
The Trustee of a Special Needs Trust for an Adult Disabled Person May Make Distributions for Pornographic Materials According to Several Special Needs Legal Specialists
Posted on January 10, 2009A recent question to the Academy of Special Needs Planners (ASNP) members-only Listserv generated a great deal of discussion about when a trustee can or should exercise discretion in approving payments from special needs trust funds for pornographic materials...
Can The Costs Of Care In An Assisted Living Facility Be Deducted On Your Federal Individual Income Tax Returns As Medical Expenses?
Posted on January 08, 2009The costs of nursing home care can be deducted on federal individual income tax returns as medical expenses under Internal Revenue Code (IRC) § 7702B because they are considered “qualified long-term care costs”. However, the status of Assisted Living Facility (ALF) costs has not been as clear...
Social Security Announces That It Is Beginning to Take Applications On-Line
Posted on January 07, 2009The Social Security Administration, envisaging the near-future prospect of 10,000 baby boomers applying for benefits every day for the next 20 years, has put together a new on-line service that will allow people to get their benefits without ever traveling to a Social Security field office...
2009 One Page Tax Summary for Qualified Long Term Care Insurance
Posted on January 06, 2009Attached is a one page summary of the tax benefits of tax-qualified long term care insurance for 2009, from the Corporation for Long Term Care Certification. The information is organized by type of taxpayer, so it is a quick reference for individuals or business owners.
Law Office of Donald D. Vanarelli Blog: Best of 2008
Posted on January 03, 2009In a sense, it seems arrogant to present a list of ?best of? posts when my blog is so new, and I am a novice blogging lawyer . My blog went ?live? only about eight months ago, as I posted my first article on April 21, 2008. My blog is part of my website (New [...
It is illegal to evict any tenant in New Jersey just because the landlord owns a dwelling with a mortgage that is being foreclosed
Posted on January 02, 2009After receiving complaints from tenants who received letters telling them that they had to vacate foreclosed premises, New Jersey Public Advocate Ronald Chen wrote to three real estate agencies and their attorneys in December 2008 to inform them that it is illegal to evict any tenant in New Jersey just because the landlord owns a [...
Social Security Announces Nationwide Launch of Compassionate Allowances Initiative
Posted on January 02, 2009The Social Security Administration (SSA) has launched a national rollout of the agency?s Compassionate Allowances initiative, a way to expedite the processing of disability claims for applicants whose medical conditions are so severe that their conditions obviously meet the SSA?s standards...
Happy New Year 2009
Posted on December 31, 2008God Bless You and Your Family. God Bless Our Troops. God Bless America. May You Have a Joyous New Year.
Advice for Claimants for Social Security and SSI Disability Benefits
Posted on December 31, 20081. Claims for Social Security Disability (SSD) benefits, or Supplemental Security Income (SSI) claims based on disability, usually take a long time to process. The decision on an initial claim will usually take months. If you get denied on your initial claim, and you usually will, the next step in the appeals process, called a [...
54.4 Million Americans, About 1 In 5 US Residents, Report That They Are Disabled To Some Extent
Posted on December 30, 2008About one in five U.S. residents - 19% - reported some level of disability, according to a U.S. Census Bureau report released recently. Among those disabled Amercians, 35 million, or 12% of the population, were classified as having a severe disability...
Seniors and the Disabled Get Tax Rebate Expansion From Corzine
Posted on December 29, 2008More senior citizens and disabled homeowners now are eligible to receive property tax rebates, thanks to a bill signed by Governor Jon S. Corzine on December 18th. The bill (A-3460), which was signed at the Bergen County borough’s activity center, increased the income eligibility limit for senior and disabled homeowners...
Study from the Society of Actuaries suggests that retirees should plan for 3 distinct stages of retirement
Posted on December 28, 2008In a recent study, “Three Phases of Retirement and Planning for the Unexpected,” the Society Of Actuaries (SOA) identified three stages of retirement and offered advice on how to prepare for each stage of retirement. The SOA said that retirement is often depicted as life on the golf course, holidays with the grandchildren, and traveling [...
My Blogging Goals for 2009
Posted on December 26, 2008Recently, some of the blogs I read regularly have begun listing blogging goals for 2009. For example, see this post on Daily Blog Tips. For some blogs, the listing of blogging goals seems to have become an annual event. In fact, several bloggers, after listing their goals for the upcoming year, have looked back to [...
Why Public-Benefits Planning is Absolutely Essential for the Frail Elderly and Disabled in New Jersey: 13 of the 20 Highest Property Taxed Counties in the Nation are Located in New Jersey
Posted on December 24, 2008The next time you must defend the decision either 1) to provide help to families by accelerating eligibility for public benefits based on need, like nursing home Medicaid, or 2) to engage in estate planning to protect yourself and your family from the catastrophic costs of nursing home care, I suggest that you confront the [...
A Roundup of Key Elder Law Numbers for 2009
Posted on December 23, 2008Below is compilation of Medicaid, Medicare, Social Security and other figures for 2009 that are of interest to the elderly, the disabled and their families. Source: ElderLawAnswers.com Medicaid Spousal Impoverishment Figures for 2009 - effective January 1, 2009 In 2009, the spouse of a Medicaid recipient living in a nursing home (called the “community spouse”) may keep [...
Holiday Greetings To My Readers
Posted on December 20, 2008To each of you and to your families, I wish you a rejuvenating, fulfilling, awe-inspiring, enlightening, and fun-filled holiday, with plenty of good eatin? too, whether that holiday is Christmas, Hanukah, Kwanza, Festivus (The Holiday for the Rest of Us) or any other winter holiday that you celebrate! ???? (peace) ? (joy) ? (love) ?? ???? ???? [...
Professor Donald D. Vanarelli speaks at ICLE Elder Law College on Social Security and SSI Issues
Posted on December 20, 2008On December 16, 2008, I spoke at the 2008 ?Elder Law College?, held at the New Jersey Law Center in New Brunswick, NJ. I was the ?Professor?, for one day, of Social Security and Supplemental Security Income Law. This is how the NJ Institute of Continuing Legal Education described the seminar: 2008 ELDER LAW COLLEGE: Presented [...
NJ Supreme Court Lifts Ban On SUPER LAWYER, BEST LAWYER Advertising
Posted on December 19, 2008Ending months of anticipation, New Jersey’s highest court has struck down Opinion 39, a prohibition on attorneys advertising their selections in Super Lawyers, Best Lawyers in America, Martindale-Hubbell Peer Review and other comparative ratings guides...
Survival Guide for Veterans
Posted on December 19, 2008As stated in the December 19th Editorial in the New York Times, veterans often find themselves desperately short of the information they need as they attempt to obtain the benefits available from the U.S. Department of Veterans Affairs. However, one promising new source of information is now available: a 599-page guide to veterans? issues, from educational [...
Pension bill would allow deferrals of 401(k) and IRA withdrawals in 2009
Posted on December 17, 2008Congress approved legislation that would allow retirees to defer withdrawals from their 401(k) plans and individual retirement accounts in 2009 without triggering a penalty. President Bush is expected to sign the bill. Ordinarily, seniors age 70˝ and older are required to withdraw a minimum amount from their tax-deferred retirement savings plans every year and pay [...
Director of Medicaid upholds the denial of nursing home Medicaid benefits to applicants who paid family members for care under Life Care Contracts
Posted on December 17, 2008As I reported in a blog post in October at http://www.dvanarelli.com/blog/2008/10/07/nj-judge-recently-ruled-that-a-medicaid-applicants-prepayment, ALJ Paone ruled, in a case entitled C.S. v. Division of Medical Assistance and Health Services and Union County Board of Social Services, that Medicaid applicants who prepaid for personal care services to be provided in the future by family members under Life Care Contracts were ineligible for [...
Denial of Medicaid Benefits by NY Medicaid Agency Reversed Because Agency Failed to Reconsider in Reasonable Time
Posted on December 16, 2008A New York trial court held that because the state Medicaid agency failed to reconsider its earlier eligibility determination in a timely manner, its amended decision denying benefits is vacated. dickinson-vs-ny-department-of-health-and-onondaga-county-department-of-social-services, (N...
NJ Governor Signs Predatory Annuities Prevention Act
Posted on December 14, 2008An annuity is a type of insurance product in which an insurer, in exchange for charges (akin to premiums), makes a series of income payments at regular intervals over a set period. Senior citizens and other consumers often obtain annuity coverage for use as future retirement income...
Deception in Sale of Annuities Held Sufficient to State Elder Abuse Claim
Posted on December 14, 2008A U.S. district court in California refused to throw out a case against Merrill Lynch (now Bank of America) alleging elder abuse and breach of fiduciary duty after one of the brokerage’s financial advisors persuaded an elderly client to exchange a fixed annuity for a variable annuity and then annuitize it...
Mediation is identified as one of the best careers in 2009 by US News and World Report even though the report confirms that there are more mediators than mediation jobs
Posted on December 13, 2008Best Careers 2009: Mediator Overview. If we can’t solve a conflict, we tend to give up or hire a lawyer. There can be a better way: A mediator can often help resolve a dispute less expensively and with less conflict, whether it’s a divorce, a discrimination claim, or the parent of a special-education student seeking more [...
ABA Task Force Shows How To Improve Mediation Quality
Posted on December 11, 2008In January 2006, the American Bar Association Section of Dispute Resolution formed a Task Force to investigate factors that define high quality mediation practice. Over the following two years, the Task Force organized a series of ten focus group discussions in nine cities across the United States and Canada...
Center for Social Gerontology publishes bibliography on elder mediation
Posted on December 10, 2008The Center for Social Gerontology has produced a annotated bibliography on elder mediation. The bibliography seeks to offer a comprehensive listing and brief description of the universe of existing materials - books, manuals, reports, articles and video/on-line information - on the development, provision and evaluation of elder mediation...
Local newspaper in Pennsylvania reports on the James vs Richman case
Posted on December 09, 2008The The Times Leader newspaper, a daily newspaper located in Wilkes-Barre, Pennsylvania, recently posted a report on its internet homepage on the James vs. Richman lawsuit. The James case was originally filed in federal district court in Pennsylvania, and concerned an application for Medicaid benefits submitted by Pennsylvania residents...
Elder Mediation and the Social Work Case Manager
Posted on December 08, 2008My colleague, Marcie Cooper, a geriatric care manager and co-founder of the Elder Mediation Center of New Jersey, recently published an article in the newsletter of the Aging Section, a specialty practice section of the National Association of Social Workers...
I was a speaker at the County Bar Associations discussing new Medicaid planning strategies
Posted on December 06, 2008The pace of decisions in Medicaid appeals has picked up recently, with several significant decisions being rendered in courts and administrative agencies in New Jersey. As a result, there has been a spike in interest by attorneys who seek to identify and understand the estate planning strategies that can successfully accelerate eligibility for Medicaid benefits [...
Academy of Special Needs Planners Article on Preparing for Passage of Child Into Adulthood Appears in Exceptional Parent Magazine
Posted on December 04, 2008Academy of Special Needs Planners co-founder Harry S. Margolis recently co-authored an article titled “What to Do When Your Child Turns 18″ that is featured in the November issue of Exceptional Parent Magazine. The article highlights five key transition points that families face as their children with special needs reach adulthood...
A Housing Solution for the Developmentally Disabled in New Jersey?
Posted on December 03, 2008In the Sunday newspapers this week, I read two very different articles concerning people with developmental disabilities. The first, an article by Susan K. Livio in the Newark Star Ledger, addressed a pervasive problem with a grim prognosis for those with developmental disabilities...
Public Benefits Basics - Social Security and SSI Benefits
Posted on December 02, 2008Because much of the elder law practice population is elderly or disabled and at or below the poverty level, a basic understanding of Social Security programs (and related Medicare and Medicaid benefits) is important. Social Security Disability (?SSD?) Benefits: Available to a blind or disabled worker who: (1) applies for benefits; (2) has not reached full retirement age; (3) [...
MEDICAID PLANNING: NEW STRATEGIES, NEW CASES
Posted on December 01, 2008What emerging case law is demonstrating about Medicaid planning techniques: SITUATION PLANNING TECHNIQUE Applicant does not have a community spouse Use a promissory note with a ?gift and loan? strategy. G.L. v. DMAHS, Docket No. HMARP 05080-2008N (Middlesex County), Final Agency Decision Oct...
Blogging Lawyers
Posted on November 28, 2008This is my 100th blog post, a milestone of sorts. This blog is an integrated part of my law firm?s new website. After an extended effort in preparing content for the firm website that began in 2007, the website went live in mid-March 2008. I started blogging on April 21, 2008...
10 Elder-Friendly Bills That May Be Enacted In The New Congress
Posted on November 25, 2008Fresh from their recent electoral victories, Congressional Democratic leaders are vowing to pursue an aggressive agenda when the 111th Congress opens in January. While the ailing economy will doubtless be the top priority, health care will not be far down the list...
FDIC Temporarily Boosts Insurance Limit to $250,000, Including Trusts
Posted on November 22, 2008The recently passed Emergency Economic Stabilization Act of 2008 (aka “the bailout bill”) temporarily raises the basic limit on federal deposit insurance coverage (FDIC) from $100,000 to $250,000 per depositor. The legislation provides that the basic deposit insurance limit will return to $100,000 after December 31, 2009...
New Guidelines For Warrants And Incarceration In Child Support Cases
Posted on November 21, 2008A directive from the Administrative Office of the Courts lays out a new framework for use of incarceration in cases of parents brought into court for child support enforcement. The directive, entitled directive-15-08, comes in the wake of the state Supreme Court’s holding, in pasqua-v-council-186-nj-127-2006, that indigent parents charged with violating child support orders, who are [...
Elder Mediation Center Members Have Been Busy With Speaking Engagements and Writing Articles
Posted on November 17, 2008On Saturday, November 15, 2008, members of the The Elder Mediation Center of New Jersey, an alliance of eldercare professionals of which I am a co-founder, presented a workshop on ?Unique Perspectives in Elder Mediation ? A Paradigm Shift? at the Annual Conference of the New Jersey Association of Professional Mediators in Somerset, NJ...
Lawyer Preparation For Mediation
Posted on November 14, 2008I?ve written on the subject of mediation preparation before, here and here. But the longer I think and read about the subject, the more I discover there is to say about it. So, I decided to revisit the subject. Last year, more than 98% of all lawsuits filed in New Jersey settled prior to trial...
Federal Court Ruling Protects Assets Of Elderly Nursing Home Resident For His Spouse
Posted on November 14, 2008In James ex rel. James v. Richman, 465 F.Supp.2d 395 (M.D.Pa., Nov 21, 2006), aff?d, James v. Richman, — F.3d —- (3rd Cir.(Pa.) Nov 12, 2008) (NO. 06-5092), an institutionalized spouse who was a nursing home resident brought a lawsuit against the Pennsylvania Department of Public Welfare (DPW) alleging that the DPW?s decision to deny [...
Life Settlements: Cash For Your Life Insurance Policy Which Substantially Exceeds The Cash Surrender Value Of The Policy
Posted on November 10, 2008Are you having difficulty keeping up premium payments on a life insurance policy, or do you no longer need the policy? Policyholders once had only two options: let the policy lapse or turn it in for a meager cash surrender value. Now there’s another, often vastly more lucrative alternative: sell the policy to a company [...
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
Posted on November 09, 2008In E.S. vs. Division of Medical Assistance and Health Services, petitioner, a 91 year old nursing home resident, transferred $42,053 to her son after paying the nursing home privately from her savings for two years. The nursing home payments and the gift combined to leave petitioner with no assets, so she applied for Medicaid...
Collaborative law process featured in business section of Star-Ledger newspaper
Posted on November 08, 2008The business section of the Star-Ledger newspaper has a recurring feature entitled “Shop Talk” which usually contains a short news story highlighting a local business or community event. In the November 6th edition of the newspaper, Shop Talk featured a short article on the newly-formed Central Jersey Collaborative Law Group and briefly described the collaborative divorce [...
Writing a Memorandum of Intent for a Special Needs Child
Posted on November 07, 2008How can you ensure that your special needs child will remain well cared for and secure once others assume the role of guardian or caregiver? While creating a financial plan and establishing a specialized trust are central to preparing for your child’s future, special needs planners also advise families to write down their intentions and [...
IRS Releases 2009 Limits on Deductions for Qualified Long Term Care Insurance Premiums
Posted on November 05, 2008The Internal Revenue Service has announced the maximum tax deduction that can be taken on qualified Long Term Care Insurance premiums in 2009. Maximum Deduction for Qualified LTCI Premiums Under Code 213(d)(10) Attained Age Before Close of Year 2008 2009 40 or less $310 $320 More than 40 but no more than 50 $580 $600 More than 50 but no more than 60 $1,150 $1,190 More than 60 [...
I was a Speaker at the 2008 NAELA Advanced Elder Law Institute
Posted on November 03, 2008This year, the National Academy of Elder Law Attorneys held its Advanced Institute in Kansas City, Missouri from October 23 - 26. The program-of-events-10-31-08 shows that the presentations at the Institute covered a wide array of subjects. I attended two terrific sessions on the eligibility criteria for Veterans Administration (VA) service-related compensation benefits and non-service [...
Upcoming Speaking Engagments
Posted on November 02, 2008I have a number of speaking engagements scheduled during the first few weeks of November 2008 that may be of interest to readers of this blog. On November 8, 2008, I am scheduled to speak at the Alzheimer?s Association Conference, in Union County College located in Cranford, NJ...
This year, I was a Speaker at GANJI?s 13th Annual Conference on Guardianship
Posted on November 01, 2008This year, the Guardianship Association of New Jersey, Inc. (GANJI) held its 13th Annual Conference on Guardianship on October 30th at the New Jersey Law Center in New Brunswick, NJ. The conference was entitled ?Surrogate Decision-Making: A Holistic Approach...
Social Security Benefits to Rise 5.8 Percent, Biggest Leap Since 1982
Posted on October 31, 2008The nation’s roughly 53 million elderly and disabled Social Security recipients will get their biggest pay hike since 1982 — a 5.8 percent cost of living increase in payments in 2009. This is expected to raise the average monthly payment for the typical beneficiary by $63...
Exploring Divorce: Upcoming Seminars Led By An Interdisciplinary Team
Posted on October 30, 2008You are invited to explore the legal, financial and psychological issues involved in divorce in comprehensive seminars led by an interdisciplinary team of attorneys, financial experts, child specialists and mental health professionals. There are separate seminars offered for men and women...
New Medicaid Planning Strategy Held To Be Valid In New Jersey In An Important New Case
Posted on October 29, 2008As I reported in a May 22, 2008 blog posting several months ago, I received a denial notice from the Middlesex County welfare agency in a case in which the applicant?s Medicaid eligibility plan involved making a loan to a relative. The borrowing relative signed a promissory note agreeing to repay the note each month, including [...
My article on Elder Mediation published in the New Jersey Lawyer newspaper
Posted on October 28, 2008My article on Elder Mediation was published on October 20, 2008 in the Focus Section of the New Jersey Lawyer newspaper which covered current issues in Estate and Elder Law. As stated in the article, Elder Mediation provides a forum for family decision-making designed to achieve the following goals: ? To hear the concerns of the [...
Medicaid Spousal Impoverishment Figures for 2009 Released by CMS
Posted on October 27, 2008Updated Figures for 2009. The Centers for Medicare & Medicaid Services (CMS) has released the community spouse resource allowance and the maximum monthly maintenance needs allowance for 2009. The new minimum CSRA is $21,912 and the new maximum is $109,560...
Mental Health Parity Finally Becomes Law
Posted on October 22, 2008More than ten years after the measure was first proposed, Congress finally passed a law requiring that insurance companies provide enrollees suffering from mental illness with coverage equal to the coverage they would receive for any other type of condition...
Annual Gift Tax Exclusion Jumping to $13,000 Next Year
Posted on October 20, 2008The annual gift tax exclusion will increase from $12,000 to $13,000 effective January 1, 2009, the Internal Revenue Service (IRS) has announced. The gift tax exclusion is the amount the IRS allows a taxpayer to gift to another individual without reporting the gift...
How Does Work Affect Your Social Security Payments?
Posted on October 18, 2008Many people continue to work beyond retirement age, either by choice or out of necessity. But if you are receiving Social Security benefits, working may affect your benefit payments. Earning income above Social Security thresholds can cause a reduction in benefits and mean your benefits will be taxed...
Second Circuit Rules that Medicare?s Three-Day Hospitalization Requirement for Skilled Nursing Facility Coverage Starts at Inpatient Admittance
Posted on October 14, 2008The Second Circuit Court of Appeals ruled that until a patient is formally admitted to a hospital as an inpatient, the clock does not begin to run on Medicare’s three-day hospital stay requirement to qualify for skilled nursing facility coverage...
Academy of Special Needs Planners is Featured in a Wall Street Journal Article on Estate Planning for Disabled Children and Adults with Special Needs
Posted on October 13, 2008An article in the October 9th edition of The Wall Street Journal discussed estate planning for disabled children and adults with special needs. According to the WSJ, more than 41 million Americans, or almost 15% of the population, have some type of disability...
Payments of Nursing Home Costs Made by an Applicant?s Son for the Benefit of the Applicant are Held to Be Countable Resources for the Purpose of Determining Medicaid Eligibility
Posted on October 12, 2008On September 30, 2008, NJ Administrative Law Judge Stephanie M. Wauters issued a written opinion in a case entitled E.S. vs. Division of Medical Assistance and Health Services and Monmouth County Board of Social Services, OAL Docket No. HMA 14-08, ruling that the payment of care costs made to a nursing home by a Medicaid [...
CMS Issues Final Rule Enabling Medicaid Beneficiaries To Direct Personal Assistance Services
Posted on October 09, 2008A final rule that would allow more Medicaid beneficiaries to be in charge of their own personal assistance services, including personal care services, instead of having those services directed by an agency, was announced on September 29, 2008 by the Centers for Medicare & Medicaid Services (CMS)...
The October 17th edition of the Family Circle Magazine has a GREAT article on collaborative divorce entitled ?The Friendly Divorce?
Posted on October 08, 2008The word is really starting to get out about the collaborative divorce process! The October 17th edition of the Family Circle Magazine has a GREAT article on collaborative divorce entitled ?The Friendly Divorce?. The article identifies four (4) benefits to couples who choose to divorce using the collaborative divorce process: Less Bitterness; Lower Expenses; Quicker Results; and, a Custom Solution...
A NJ Administrative Law Judge Recently Ruled That A Medicaid Applicant?s Prepayment For Care To Be Provided In The Future To A Family Member Under A Personal Services Contract Is A Transfer Of Assets For Less Than Fair Market Value, Resulting In The Imposition Of A Penalty
Posted on October 07, 2008In a trio of cases which were consolidated because the cases presented a common question of law, NJ Administrative Law Judge Joseph A. Paone recently ruled that a Medicaid applicant?s prepayment for personal care services to be provided in the future to a family member under a Life Care Contract constituted a transfer of assets [...
NJ Appeals Court Allows Limited Disclosure of Psychiatrist?s Notes in Case Challenging Creation of a Supplemental Needs Trust
Posted on October 06, 2008A New Jersey appeals court overturned the dismissal of a lawsuit alleging that the defendants improperly created a supplemental needs trust, allowing the defendants limited access to the plaintiff’s psychotherapy records in order to rebut her claim that the trust’s settlor did not think she needed a trust...
Top 10 New Jersey Mediation Blogs
Posted on October 01, 2008Technorati, the internet search engine that indexes and searches blogs, also analyzes the trends and themes of blogging. In its State of the Blogosphere 2008 annual report, Technorati reported that it indexed 133 million blogs since 2004, and has tracked blogs in 81 languages...
Report Finds That More Than 90% of Nursing Homes Violate Federal Health and Safety Laws
Posted on September 30, 2008More than 90 % of U.S. nursing homes were cited last year for violating at least one federal health and safety law, the-new-york-times reported recently. About 17 percent of nursing homes had violations that led to “actual harm or immediate jeopardy” to residents, according to the report by the inspector general to the U...
A New York Appeals Court Holds That A Wife?s Usual Household Expenses Necessitate An Increased Maintenance Allowance Even Though Her Husband Is A Medicaid Recipient In A Nursing Home
Posted on September 29, 2008A New York appeals court held that a community spouse is entitled to an increased minimum monthly maintenance needs allowance (MMMNA) because her basic monthly expenses are almost double her monthly income and therefore qualify as “exceptional circumstances” necessitating access to her husband’s income...
CMS? ?Never Ending Penalty Period? Rule Upheld in Appeal of Denial of Application for Assisted Living Facility Medicaid in New Jersey
Posted on September 26, 2008The Center for Medicare and Medicaid Services (?CMS?) states that the Deficit Reduction Act of 2005 (Pub. L. No. 109-171, 120 Stat. 4, 151) (?DRA?) does not permit a person to receive benefits under a Medicaid waiver program (including assisted living facility Medicaid) if there has been a transfer of assets within sixty months of the [...
CMS Never Ending Penalty Period Rule Upheld in Appeal of Denial of Application for Assisted Living Facility Medicaid in New Jersey
Posted on September 26, 2008The Center for Medicare and Medicaid Services (?CMS?) states that the Deficit Reduction Act of 2005 (Pub. L. No. 109-171, 120 Stat. 4, 151) (?DRA?) does not permit a person to receive benefits under a Medicaid waiver program (including assisted living facility Medicaid) if there has been a transfer of assets within sixty months of the [...
Kassin vs. Kassin: A Child Support Award, Reduced by Social Security Benefits Received By the Child, May Effect Alimony
Posted on September 25, 2008In this divorce case, the trial court denied the defendant ex-husband’s post-divorce-judgment motion in which defendant sought (1) to terminate his alimony and child-support obligations, (2) relief from his obligation to maintain life insurance for the benefit of the parties’ children, and (3) a credit for Social Security benefits received by the plaintiff ex-wife for [...
I am now an Accredited Attorney under the regulations for the Department of Veterans Affairs
Posted on September 25, 2008I am happy to report that, as of September 19, 2008, I am an accredited attorney for “the preparation, presentation and prosecution of claims for veterans benefits before the Department of Veterans Affairs (VA).” The purpose of VA?s accreditation program is to ensure that claimants for VA benefits receive qualified assistance in preparing and presenting [...
SSA Updates Annual ?Fast Facts About Social Security?
Posted on September 24, 2008Fast Facts & Figures answers the most frequently asked questions about the programs administered by the Social Security Administration (SSA). It highlights basic program data for the Social Security (retirement, survivors, and disability) and Supplemental Security Income programs...
Medicare Part B Premium Unchanged For 2009
Posted on September 24, 2008Medicare’s monthly premium will be unchanged at $96.40 next year for most of the 44 million beneficiaries in the U.S. health program for the elderly and disabled. This is the first time in eight years the rate won’t rise. Medicare fees will stay the same partly because the program’s reserves have increased, according to a [...
Preparing the Client for Mediation
Posted on September 22, 2008People who carefully prepare for mediation usually achieve better results than those who do not. This may seem obvious, but it is a fact that most lawyers and clients enter mediations unprepared or only partially prepared. Knowledge equals power in the mediation arena, as in most pursuits, and thoroughly prepared participants tend to overwhelm less [...
T.H. V. DIV. OF DEVELOPMENTAL DISABILITIES, 189 N.J. 478 (2007)
Posted on September 20, 2008T.H. was a fifty-five year old man who suffers from Asperger?s Syndrome, a developmental disability. T.H. was cared for by his parents his entire lifetime. After T.H.?s parents died, T.H.?s family applied for services on his behalf pursuant to N.J.S.A...
Proposed Rule Addresses Problems that May Arise When A Medicaid Applicant Purchases A Long-Term Care Insurance Partnership Policy in One State and Then Applies for Medicaid In Another State
Posted on September 18, 2008The U.S. Department of Health and Human Services has issued a new notice addressing the problems that occur when a Medicaid applicant purchases a long-term care insurance “partnership” policy in one state and then applies for Medicaid in another state...
In an important case, a NJ administrative law judge decided that a bank account titled to a Medicaid applicant and another person does not automatically disqualify the applicant for Medicaid
Posted on September 16, 2008New Jersey?s Office of Administrative Law recently issued a significant ruling that may make it easier to qualify for Medicaid. In K.R. vs. Somerset County Board of Social Services, O.A.L Docket No. HMA 12343-07 (Aug. 25, 2008), New Jersey’s Office of Administrative Law ruled that an account titled to a Medicaid applicant “or” another person [...
Social Security Administration Links with Special Emphasis on SSI and Special Needs Trusts
Posted on September 15, 2008(I acknowledge with appreciation the Academy of Special Needs Planners website and the resources available to members which I used to compile the following list of links) PRIMARY SOURCES: Social Security Administration?s Main Page: Social Security Online - The Official Website of the U...
Top 10 New Jersey Elder Law Blogs
Posted on September 14, 2008Actually, I could only find 9 blogs in the entire State of New Jersey covering elder law issues. A list of these 9 New Jersey elder law blogs follow, in no particular order: Elder Law Today Podcast by Yale S. Hauptman, Esq. Yale is the founder of his own law firm, Hauptman & Hauptman, P...
My Article on Elder Mediation Published in Aging Well Magazine
Posted on September 13, 2008Aging Well magazine, which is for “Professionals Promoting Positive Aging,” recently published an article I wrote on elder mediation, entitled “Keeping Family Peace Through Elder Mediation.” The article can be found here - “Keeping Family Peace Through Elder Mediation...
You Should Prepare For Mediation Like You Prepare For Trial
Posted on September 07, 2008Trials, as a method of dispute resolution, have been trending downward for years. For example, the number of tort trials in the federal courts declined by 80% from 1985 to 2003. Of the 98,786 tort cases resolved in federal court in 2002 and 2003, only 1,647, or 1...
Attorney/Mediator Nina Weiss, a Founding Member of the Elder Mediation Center of New Jersey, Quoted in WSJ Article on Mediating Elder Care Disputes
Posted on August 30, 2008Nina Weiss, Esq., an attorney/mediator and partner with the law firm of Serra/Weiss in Princeton, NJ, is a founding member of the Elder Mediation Center of New Jersey (EMCNJ). Mediator Weiss was quoted in the March 2, 2008 edition of The Wall Street Journal in an article describing the growing recognition and use of elder mediation [...
ELDER MEDIATION: An Opportunity for Professional Geriatric Care Managers
Posted on August 29, 2008(I am happy to introduce my first guest blogger, Marcie D. Cooper. Marcie is a geriatric care manager with several advanced degrees and licenses, such as an MSW, LCSW, and C-ASWCM. She is the owner of her own care management company, aptly named Marcie Cooper Care Manager, LLC, located in Fair Lawn, NJ...
Backlog in decisions on claims for Social Security disability benefits continues
Posted on June 16, 2008Processing times for Social Security determinations have reached intolerable levels. For instance, the average processing time for cases at the hearing level has increased dramatically since 2000, when the average time was 274 days. In the current fiscal year, SSA estimates that the average processing time for disability claims at the hearing level will be [...
Owner of this Blog quoted in Lawyers USA article on Elder Mediation
Posted on June 13, 2008A recent article in the Lawyers USA newspaper discussed the growing use of elder mediation to resolve family disputes. The article quoted several practitioners of elder mediation, including the owner of this weblog, on their practice specialties and the use of elder mediation as part of an elder law practice when family disagreements arise...
McGreevey divorce leads to upsurge in interest in mediation and collaborative divorce
Posted on June 11, 2008The highly publicized McGreevey divorce dispute has served as a wake-up call for at least a few couples who have realized this is a road they don’t want to go down. Divorcing couples, seeing that spectacle in the newspaper and on TV, realize that they don’t want to be like that and [...
Federal Court Ruled that a Disabled Person May Be Entitled to In-Home Care in Lieu of Institutionalization
Posted on June 09, 2008A federal district court in Illinois denied the state Medicaid agency’s motion for summary judgment in a case testing whether a man with severe disabilities can receive care at home under the state’s Medicaid waiver program rather than in a nursing home...
Recent Wall Street Journal article espoused the benefits of mediated and collaborative divorces over litigated divorces
Posted on June 08, 2008The June 6, 2008 edition of the Wall Street Journal included an interesting article entitled “Separate Peace.” It espoused the benefits of divorce mediation and collaborative divorce, particularly where children were involved. Although the article criticized the approach of “normalizing” divorce found in both mediation and collaborative divorce, which the author believed could lead couples [...
New Jersey plans to implement Long-Term Care Insurance Partnership Program on July 1, 2008
Posted on June 06, 2008The Deficit Reduction Act of 2005 (”DRA”) authorized the expansion of the Long Term Care Insurance Partnership Program into the various states. New Jersey’s Long Term Care insurance Partnership Program was approved by the Center for Medicare and Medicaid Services (”CMS”) on February 12, 2008 and will become effective on July 1, 2008...
Cash and Counseling, a Non-Traditional Medicaid Program, Is Adopted by More States
Posted on June 03, 2008Many states are now giving Medicaid-eligible seniors a monthly stipend they can use to hire [...]
Assisted-living facilities in South Jersey accused of evicting residents when savings gone
Posted on June 01, 2008According to a recent article in the Philadelphia Inquirer, the New Jersey Office of the Public Advocate is investigating allegations that a company operating eight assisted living facilities in South Jersey improperly discharged residents when their savings ran out...
Owner of this Blog identified by NJBIZ magazine as One of the Top Mediators in New Jersey in the Business and Commercial practice areas
Posted on May 30, 2008NJBIZ is a weekly magazine covering business news in New Jersey. In the May 5, 2008 edition of NJBIZ , the top 25 mediators in the Business/Commercial practice areas were identified by the publication. The selections were based on the total number of cases mediated...
Founder of the Elder Mediation Center of New Jersey quoted in the Long Island Business News on the use of elder mediation to resolve conflicts between adult children and their aged parents
Posted on May 28, 2008As I’ve written on other occasions, as life spans increase, the prospects for sibling squabbles over Mom and Dad grow more likely. One growing trend: custody battles involving adult children fighting over where their elderly parents should live, who should care for them and who should control the finances...
High-Tech Devices Promote ?Aging in Place? for the Elderly
Posted on May 25, 2008Will aging baby-boomers who wish to remain at home in their later years (called “aging in place”) soon be able to do so while they are monitored remotely by their adult children who use high-tech devises to ensure the “old folks” are safe and compliant with their health care regimen? According to the [...
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What is the statute of limitations in New york State as to how long a person may claim heirship?
who has paid the taxes for the last 7 to 11 yrs ? you can take a house by openly...
Can a creditor/collection agency call other employees at your place of work AND call your adult children who live in another state?
A creditor can call you at home, several times a day if you aren't answerin...
Wrongful termination for reporting misconduct of a co-worker?
It doesn't sound as if you did anything wrong. Although he didn't make physical ...
Should I return a phone call from a collection agency that doesn't name their client in the message?
In the county of the state where I live in the US, I am able to go to the websit...
What are my odds of winning in court, If I sue a home warranty company for fraud?
This is not an unusual situation. Many of these types of "warranty" products are...
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