In the usual case, a transfer of assets, or gift, by a Medicaid applicant made within five (5) years of the date of the Medicaid application will result in the imposition of a penalty, or period of ineligibility for Medicaid. N.J.A.C. 10:71-4.10(a) The length of the penalty period depends upon the value of the gifted [...]
Entries Tagged as 'Transfers to “Caregiver” Child(ren)'
Transfer Of Medicaid Applicant’s Home To Caretaker Child Not Exempt Because Caretaker Child Provided Insufficient Level Of Care
October 13th, 2012 · No Comments
Tags: Medicaid Planning · Transfers to "Caregiver" Child(ren)
In A Medicaid Case, An ALJ’s Findings Of Fact Based Upon The Credibility Of Witnesses Cannot Be Rejected Without Proper Cause
September 12th, 2011 · No Comments
For most of her life, V.P. resided in her home with her adult son, R.P. V.P. suffered from many significant impairments, including spinal scoliosis and other degenerative diseases of the spine, hypertension, diabetes, gastroesophageal reflux disease, anxiety, and frequent urinary tract infections. As a result of her poor health, V.P. relied upon her son R.P. [...]
Tags: Elder Law · Medicaid Planning · New Cases · Nursing Homes · Transfers to "Caregiver" Child(ren)
Top 12 New Jersey Elder Law Cases Decided In 2010
December 14th, 2010 · No Comments
Here are my selections for the top ten (10) twelve (12) New Jersey elder law / public benefits / Medicaid cases decided in 2010: (1) R.C. v. Division of Medical Assistance and Health Services and Hudson County Board of Social Services, OAK DKT. NO. HMA 08047 – 10 (Hudson County, October 22, 2010): Judge Awards [...]
Tags: Annuities · Care Contracts · Elder Law · Gifts · Medicaid · Medicaid Planning · Promissory Notes · Social Security Benefits · Supplemental Security Income (SSI) Benefits · Transfers to "Caregiver" Child(ren) · Trusts
Medicaid Eligibility Denied Based Upon A Home Transfer To A “Caregiver Child” Who Was Employed Full-Time
December 15th, 2009 · No Comments
(The A.N. case, described below, was decided on administrative appeal in 2007 and affirmed the denial of Medicaid benefits. I represented the Medicaid applicant, A.N. You may ask why I would resurrect an administrative decision more than 2 year old which I lost. It’s a legitimate question. The answer is that I believe the case will [...]
Tags: Medicaid · Medicaid Applications · Medicaid Planning · Nursing Homes · Transfers to "Caregiver" Child(ren)