Author: lewis

J.P. v. Division of Medical Assistance and Health Services, 392 N.J.Super. 295, 920 A.2d 707 (N.J.Super.A.D.,2007). After a supplemental needs trust was created for a physically disabled wife and husband was ordered in divorce decree to pay $1550 per month in alimony to trust, county board of social services notified wife that the alimony would be considered income, for Medicaid purposes, to...

W.T. v. Division of Medical Assistance and Health Services, 391 N.J.Super. 25, 916 A.2d 1066 (N.J.Super.A.D.,2007). Appeal was taken from final agency decision of the Department of Human Services Division of Medical Assistance and Health Services (DMAHS) upholding the assessment of a transfer penalty delaying the effective date of institutionalized applicant’s participation in Medicaid...

38-4-3076 I/M/O Estate of Denner, Chancery Div.–Union Cy. (Lyons, P.J.Ch.) (8 pp.) (Unpublished decision dated Feb. 28, 2006, Released Mar. 1, 2006.) The plaintiff  submitted three unsigned alternative documents which she claimed should be probated as writings intended to be a Will under the revised probate code, instead of the earlier Will that was probated by the defendant: (1) an...

P.C. v.  Division of Medical Assistance and Health Services and Union County Board of Social Services, Docket No.  A-1005-02T3 (N.J. App.  Div., March 17, 2004) (unpublished). Medicaid applicant was issued a transfer penalty for failing to seek her “elective share” of her deceased spouse’s estate.  Applicant and spouse had been living separately for over 18 months due to applicant’s choice to...

Avery v. Union County Division of Social Services, Docket No. A-2408-01T2 (N.J. App. Div., May 15, 2003) (unpublished). Medicaid applicant denied eligibility due to “available resource” of the working spouse consisting of her employer-based 401k plan.  This ERISA plan restricted early withdrawal to distinct emergency situations, including payment of “medical care” which is defined in the IRS...