New Jersey Medicaid has reduced the penalty divisor for 2016, from $332.59 / day to $332.50 / day. Let’s back up a bit. If you apply for long term care Medicaid, to pay for long term care in a nursing home, assisted living facility or at home with aides, you have to disclose to Medicaid […]
The Social Security Administration (SSA), which acts as a gatekeeper for disability benefits for many people, has been reviewing both new special needs trusts (SNT) and old, long-settled SNT’s with a fine-tooth comb. SSA looks for technicalities that they allege violate SSA rules, and use that as a basis to deny disability benefits, even to […]
If you are a Medicare beneficiary filing a lawsuit, or an attorney representing a Medicare beneficiary in a lawsuit, you should be aware of your obligations to Medicare. By law Medicare is a secondary payer, meaning that if Medicare makes payments for which someone else is ultimately responsible (such as a tortfeasor, liability insurer or […]
The New York Times today reported that the US Department of Justice will investigate whether the state of South Dakota is unnecessarily moving people into nursing homes. The government has launched a number of these investigations in recent years, driven by advocates who claim that thousands of Americans with disabilities are unnecessarily living in nursing […]
We try to make our clients as comfortable as possible, but nonetheless, meeting an attorney for the first time can be intimidating. Often, people don’t know what to expect. So in this post I’ll set down a few questions that we’ll typically ask elder law clients (or their families) who are interested in Medicaid and […]
