Law Office of Donald D. Vanarelli Blog

Here are the ten most common reasons why a claim for benefits from the Social Security Administration (SSA) may be denied on appeal, either at an administrative hearing or in Court, as identified in an article by a Social Security attorney in Decatur, GA with 30 years of SSA experience. The article was published in [...]

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In a case of major importance in the Medicaid estate planning area, the Appellate Division of the New Jersey Superior Court held, in N.M. v. Division of Medical Assistance and Health Services, 405 N.J. Super. 353  (App. Div. 2009), certif. den., 199 N.J. 517 (2009), released yesterday, that the value of an annuity purchased for [...]

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The average time it took to process a claim for benefits with Social Security Administration (SSA) in November and December 2008 was 480 days. The Newark, NJ district (covering northern New Jersey) did somewhat better, ranking 58th out of 447 districts nationwide, with an average processing time of 447 days. Looking only at disability claims, [...]

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A special court recently ruled against three families who claimed that childhood vaccinations contributed to their children’s autism. The families had requested compensation from the federal vaccine injury fund, which was established to compensate injuries incurred through mandatory vaccinations, after their children developed autism following routine measles, mumps and rubella (MMR) vaccinations. However, the court, [...]

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The Wall Street Journal recently reported here and here that the new administration has decided to permanently lock the estate tax in at the rate and exemption levels that took effect this year. That change in the law would exempt estates of $3.5 million — $7 million for couples — from any taxation. The value [...]

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Recently, a Massachusetts trial court upheld a hearing officer’s decision holding that assets which a probate court authorized a Medicaid applicant’s guardian to set aside for legal and guardianship fees are a countable asset for Medicaid eligibility purposes. In Astukewicz v. Executive Office of Health & Human Servs. (Mass. Sup. Ct., Worcester Co., No. 0800395B, [...]

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Recently, a number of significant decisions have been produced by New Jersey courts and administrative agencies in cases involving appeals from denials of Medicaid eligibility. These new decisions have rendered ineffective many Medicaid planning strategies which attorneys relied upon to help elderly and disabled clients qualify for Medicaid, and highlighted promising new strategies which may be used [...]

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According to the February 19th Edition of the Kansas City Star newspaper’s online edition, KansasCity.com, people with disabilities are one of the hidden victims of the economic downturn A new study shows that Social Security Disability Insurance (SSDI) claims have generally increased during the seven recession periods over the past four decades. During 2008, the [...]

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A recent Social Security case I got involved in brought this issue to my attention for the first time. My client, who had received Social Security disability benefits in the past, had not received any benefits during his incarceration in prison, and wanted to reinstate his benefits now that he had been released. I researched [...]

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New Jersey allows a deduction of medical expenses, including long-term care insurance premiums, to the extent that they exceed 2% of adjusted gross income. N.J. Stat. Sec. 54A:3-3 New York, on the other hand, provides a tax credit of 10% of the premiums for long-term care policies approved by the Superintendent of Insurance pursuant to [...]

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