Below, in chronological order, is ElderLawAnswers‘ annual roundup of the top 10 elder law decisions for 2014. I’m happy to report that one of my cases, entitled Galletta v. Velez, is included in the “Top 10” list as No. 5 below. In the Galletta case, I represented the plaintiff, Alma Galletta, in a putative class action lawsuit filed in New Jersey federal district.. read more →

Florida’s Supreme Court ruled that non-lawyers who engage in various Medicaid planning activities are engaging in the unlicensed practice of law. The Florida Bar Re: Advisory Opinion — Medicaid Planning Activities by Nonlawyers (Fla., No. SC14-211, Jan. 15, 2015). The Elder Law Section of the Florida State Bar asked the Florida Bar Association to consider whether.. read more →

Historically, the Department of Veterans Affairs (VA) does not release the new pension rates until January or February of the following year. Thus, the new pension rates for 2015 have not been released officially yet. However, aged and disabled veterans who receive VA pension benefits will receive a marginal increase in their benefit checks in the.. read more →

An Administrative Law Judge found a Medicaid applicant eligible for benefits even though the applicant was impoverished because her spouse gambled away a substantial inheritance. M.Y v. Union County Board of Social Services M.Y., a 96 year old woman, suffered from dementia, could not care for her own needs, and was destitute. She was admitted.. read more →

To be eligible for Medicaid, applicants must meet two requirements: financial requirements and medical requirements. I’ve posted many articles on this blog over the years discussing the financial requirements of the Medicaid program in New Jersey, and offering various strategies to accelerate financial eligibility for the program. However, I have surprising few posts discussing Medicaid’s.. read more →

By notice contained in Medicaid Communication 14 – 15 issued on December 19, 2014, the State of New Jersey formally announced the official end of the Medicaid Medically-Needy program. Medically-Needy Medicaid no longer accepted applications after November 30, 2014. Beginning on December 1, 2014, individuals seeking Medicaid to pay nursing home costs as well as home.. read more →