Law Office of Donald D. Vanarelli Blog

More than 91 % of U.S. nursing homes were cited last year for violating at least one federal health and safety law in each of the past three years,  the-new-york-times reported recently. During the same time period, a greater percentage of for-profit nursing homes were cited for violations than not-for-profit and government nursing homes.
About 17 [...]

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A 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. Matter of Balzarini v. Suffolk County Dept. of Social Servs. (N.Y. [...]

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The 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 [...]

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I 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 [...]

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In 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 [...]

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Fast 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. Most of the data comes from the Annual Statistical Supplement to the Social Security Bulletin, which contains [...]

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Medicare’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 [...]

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People 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 [...]

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T.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. 30:4-25.2 from the Division of Developmental Disabilities (“DDD”). DDD staff interviewed T.H. and his family. [...]

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The 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. See, 73 Fed. Reg. 51302-51305 (2 Sept 2008), available here.
The Deficit Reduction Act of 2005 [...]

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