Special Needs Trusts must be well-drafted

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 … Continue reading

What to do when you represent a Medicare beneficiary in a lawsuit

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 … Continue reading

Does everyone in a nursing home need to be there?

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 … Continue reading

What Questions will your Elder Law Attorney Ask?

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 … Continue reading

Assisted Living Facility Contracts can Limit Medicaid Planning

If you or a loved one is entering a long term care facility, you should be aware that the admission agreement may impose onerous obligations.  Nursing home agreements may include liability waivers and binding arbitration clauses that limit your ability to sue if the nursing home injures you.  Admission agreements … Continue reading

As this website provides general information and isn’t tailored to your particular situation, it doesn’t constitute legal advice and may not take into account rules and exceptions that affect you. Although updated from time to time, this website may not take account of recent legal developments or differences in laws from state to state. For safety sake, obtain individual legal advice before you act! You assume all risk of acting on information contained in this website. This website doesn’t constitute legal advice, and no attorney-client relationship exists unless FriedmanLaw and you execute a written engagement agreement. Please contact us at 908-704-1900 to discuss engaging FriedmanLaw to help resolve your legal concerns.
Homepage photo: Cows grazing at Meadowbrook Farm, Bernardsville, NJ by Siddharth Mallya. October 23, 2012.
Interior photo: Somerset hills pastoral scene by Lawrence Friedman.