Law Office of Donald D. Vanarelli Blog

According to a recent study published in the June 22, 2009 edition of the Archives of Internal Medicine , less frequent participation in social activity among older adults is associated with a more rapid rate of motor function decline. Although the loss of motor function is a common consequence of aging, with older persons displaying [...]

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The Wall Street Journal published an article today discussing the increasing number of couples separating and divorcing as a result of financial hardship brought on by the recession. Yet, according to the Journal, the recession also is causing some unhappy couples to rethink their marital situation, since a costly divorce would only further deplete already-shrunken [...]

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The Office of Disability Adjudication and Review (ODAR) administers the hearings and appeals program for the Social Security Administration (SSA). The ODAR has ten regional offices, 141 hearing offices, a national hearing center, and five satellite offices. There are approximately 1,100 Administrative Law Judges and 4,900 support staff in the field organization. New Jersey, along [...]

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Burial benefits from the Veterans Administration (VA) are payable only under certain conditions (see below from the excellent website maintained by the VA). You may be eligible for a VA burial allowance if: you paid for a veteran’s burial or funeral, AND you have not been reimbursed by another government agency or some other source, [...]

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In a case pitting the family of a special needs high school student against the school district that had been ordered to pay the student’s hefty private school tuition, the U.S. Supreme Court ruled that, when schools do not appropriately identify and provide services to students with disabilities who require special education and related services, [...]

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In a 2007 U.S. Bankruptcy case from the District of Minnesota, a bankruptcy trustee unsuccessfully attempted to avoid the transfer of a disabled woman’s inheritance into a special needs trust established for the disabled woman. The debtor in Schultz v. Sullivan, 368 B.R. 832 (D. Minn. 2007), was a disabled adult receiving benefits under a [...]

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Elder conflicts typically involve disputes among adult siblings about issues surrounding an aging parent’s changing care needs and medical treatment; the independence issues that accompany the aging process, including housing and living arrangements; and issues regarding financial management and the elder’s estate plan. Caregiving/Healthcare Issues How will the family members divide responsibility for the elder’s [...]

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With more Americans living well beyond their 70s, more adult children are now left in a position where they have to be caregivers for their aging parents. “There’s a greater likelihood today that, as a 55-year-old, you will have surviving parents, than there was say in the 1920s when both parents passed away before you [...]

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An accredited VA attorney is an attorney who has been granted the authority by the Department of Veterans Affairs (“VA”) to prepare, present and prosecute claims for veterans benefits before the VA. Accreditation refers to the authority granted by the VA to those attorneys who meet the standards established by the VA. VA’s stated purpose [...]

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A New York trial court allows a guardian to conduct Medicaid planning on behalf of his ward, his great aunt, but requires that gifted money be put into a trust for the aunt’s personal needs. in-matter-of-ml (N.Y. Sup. Ct., No. 924XX/08, June 2, 2009). Matthew S. was appointed guardian of his great aunt, M.L., who [...]

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