Law Office of Donald D. Vanarelli Blog

In Sable v. Velez, applicants were denied Medicaid because of promissory notes owned by the applicants. Each note was properly signed, and contained a specified interest rate and repayment schedule.  Medicaid found the promissory notes to be countable after determining that the notes qualified as a “trust-like device.” In their suit in federal court under [...]

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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 [...]

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Cases involving a variety of Medicaid planning strategies in New Jersey are now pending in the Office of Administrative Law (OAL), state and federal courts. A recent decision in response to a motion for summary judgment which I filed in an OAL case entitled M.S. v. Division of Medical Assistance and Health Services and the [...]

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In A.G. v. Division of Medical Assistance and Health Services and the Ocean County Board of Social Services, OAL Docket No. HMA-2405-09 (October 13, 2009), Hon. Edward J. Delanoy, Jr., Administrative Law Judge (ALJ), ruled that payments made for care services provided to A.G., a nursing home resident and Medicaid applicant, by E.G., her adult [...]

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Elder law attorneys who attended the National Academy of Elder Law Attorneys’ program in Jersey City, New Jersey, on Nov. 5-8, 2009, offered some tips on the use of promissory notes / loans as an estate planning strategy to accelerate eligibility for Medicaid benefits. The promissory note / loan strategy involves the client making an [...]

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Sable v. Velez, Civ. No. 09-2813 (D.N.J., October 16, 2009), involved five applicants for nursing home Medicaid benefits. The applications filed by four of the five applicants were denied and one application was pending at the time of the court decision. Each denial was premised upon excess resources based upon the State’s decision to include certain [...]

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As I reported in a May 22, 2008 blog posting several months ago, I received a denial notice from the Middlesex County welfare agency in a case in which the applicant’s Medicaid eligibility plan involved making a loan to a relative. The borrowing relative signed a promissory note agreeing to repay the note in monthly installments, including [...]

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I recently received a denial notice from the local Medicaid agency in a case in which the applicant’s Medicaid estate plan involved making a loan to a relative. The borrowing relative signed a promissory note agreeing to repay the note each month at a regular payment amount with included a reasonable interest rate. The note [...]

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