A U.S. district court held that a claim by Medicaid applicants against New Jersey officials for wrongly denying their applications is barred by the Eleventh Amendment because it would require the state to pay retroactive benefits. Radogna v. Connolly(U.S. Dist. Ct., D. N.J., No. 1:16-cv-5477 (NLH/KMW), Aug. 24, 2018).
An Appeals Court affirmed an agency decision denying a Medicaid applicant’s request for a fair hearing because it was filed more than seven months after a denial notice was sent advising him he had twenty days to request a fair hearing, even though the notice was sent directly to the Continue Reading
The Department of Veterans Affairs (VA) needs-based pension program is available to compensate veterans for non-service-connected disabilities. Like the VA compensation program, eligibility for the pension program is based upon disability. Unlike the VA compensation program, however, the pension program is also based on income and financial need. To be Continue Reading
A New Jersey appeals court ruled that the State must hold a full evidentiary hearing before rejecting the claim of an assisted living facility resident who wanted to deduct the cost of a full-time aide from the income she paid to the facility. G.F. v. Division of Medical Assistance and Health Continue Reading
B.S. was ninety-two years old and residing in a nursing home when she applied to the Monmouth County Division of Social Services, the County Welfare Board (CWB), for Medicaid benefits. In response to the application, the CWB inquired about two 2010 bank withdrawals from petitioner’s accounts, one for $29,955.79 and Continue Reading
If an applicant for Medicaid signed a contract with an assisted living facility agreeing to a pay privately for a period of time, any penalty resulting from a transfer of assets cannot begin until the end of the private pay period, even if the applicant is otherwise eligible for benefits. B.K. Continue Reading
Nursing home care is growing ever more expensive. Contact your elder law attorney to learn how you can protect some or all of your family’s assets. For the first time, the median cost of a private nursing home room in the United States increased to $100,375 a year in 2018, Continue Reading
A once prominent Ocean County attorney known for his work representing senior citizens was sentenced Friday to 10 years in state prison after he admitted to stealing millions of dollars from his clients, according to New Jersey Attorney General Gurbir Grewal. Robert Novy, 67, of Brick, pleaded guilty on July 27 to first-degree money laundering, Continue Reading
To improve advance health care planning, the American Bar Association’s Commission on Law and Aging developed advance care planning principles for attorneys as set forth in the publication found below, entitled “Advance Directives: Counseling Guide for Lawyers.”
A wrong decision can always be fixed The Women in Law Awards page will soon be permanently removed from The Lawyers Global website. We have worked hard to make the Women in Law Awards possible, by reviewing hundreds of top female lawyers’ profiles and come up with an extremely reliable list of the seven global winners—one global Continue Reading
