(In the midst of my oral argument before the New Jersey Supreme Court held on February 4, 2014 on behalf of Thomas Saccone. A video of the entire oral argument can be found on my website here.)  Reversing contrary decisions by lower courts and administrative agencies, the New Jersey Supreme Court ruled that the disabled.. read more →

In Salvemini v. Spector, 2013 N.J. Super. Unpub. LEXIS 2942 (App. Div. Dec. 13, 2013), certif. denied, 217 N.J. 303 (2014), the Appellate Division rejected a legal malpractice claim filed by sons against their father’s estate planning attorney. When widower Mr. Salvemini contemplated remarriage, he and his sons went to attorneys Spector & Dimin, who.. read more →

A court of appeals in New Jersey reinstated a legal malpractice lawsuit, finding that the defendant law firm owed a duty of care to explain the terms of an agreement to a client even though they were unambiguous and the client was a sophisticated businessman who personally negotiated the agreement without assistance from defendant. Cottone.. read more →

Gifts made during the Medicaid look-back period result in a penalty, or period of ineligibility, unless the applicant can prove that the gifts were made exclusively for some purpose other than to qualify for Medicaid. S.L. v. Division of Medical Assistance and Health Services, Docket No. A-3520-11T4 (App. Div., September 2, 2014) In December 2009,.. read more →

In A.H. v. Division of Medical Assistance and Health Services, 2014 N.J. Agen. LEXIS 91 (OAL Dkt. No. HMA 00531-13, Jan. 27, 2014), fifteen months elapsed between the assisted living facility resident’s application for Medicaid benefits under the “Global Options” program and the formal denial of the claim. During this time, in which there were.. read more →

    The Medicaid programs in New Jersey which help residents pay long-term care costs are about to get a major overhaul. Currently, there are three (3) Medicaid programs in New Jersey that pay for long-term care costs. The Medicaid-Only Medicaid program pays the costs of caring for nursing home residents. A companion program, Global Options.. read more →