Author: Linda Ershow-Levenberg

A year ago,  the ABLE act was included in the Tax Extenders Package that was signed into law by president Obama. The ABLE Act is an amendment to section 529 of the Internal Revenue Code, which as you may know, provides for transfers into education funds whereby the income generated by the funds grows tax free. The ABLE Act provides a way for people who were diagnosed with a significant...

A person who receives SSI (Supplemental Security Income) or is applying for SSI needs to report their resources (assets), income and transfers or gifts that they have made. If the individual is under 65, they sometimes shield their excess resources by transferring them into a first-party Special Needs Trust for their own sole benefit, which enables them to have some money on the side for...

After a Medicaid long-term care application is approved and the Plan of Care (PoC) for  home and community-based services is approved (MLTSS-HCBS), the individual may be faced with a wait. The New Jersey Medicaid HMO’s that provide the services for the State of New Jersey are required by the State contract to have a deep enough provider pool to service the need. However, clients are...

New Jersey Medicaid has a program to deliver home and community-based services to people who meet the “institutional level of care” but would be able to remain at home as long as they receive an array of long term services and supports (LTSS). Examples of LTSS are: bathing, grocery shopping, meal preparation, feeding, dressing, safety supervision, and hands-on help with...

Senator Chuck Schumer introduced S-2427, the Disability Integration Act, on December 5, 2015,  to counteract discrimination in Medicaid funding which is disproportionately allocated towards nursing home services. One effect of the bill could be to force States to allocate funds within their Medicaid budgets for Home and Community-Based Services (MLTSS-HCBS) for Medicaid applicants who can...

Are you helping someone to understand the purpose and use of an “advance directive for health care?” If the person doesn’t speak English as their first language, it can be tough to explain these abstract concepts in a way they will understand. Help is now available. There is a non-profit organization called the Institute for Health Care Advancement – ihahealth.org...

The Continuing Care Retirement Community or “CCRC” was a concept developed in the 1970’s to provide a community living environment for aging people that would enable them to ‘age in place” as their health care needs increased. Ordinarily, new residents start out in independent housing, then may migrate up to Assisted Living, and eventually, if necessary, into the...

When you make an estate plan, you take into consideration the needs of all the family members who you want to give a benefit for. One child may have disabilities and may or may not presently require government benefits. You may think that you don’t have much assets to leave behind for their lifelong support. Are you worried that they will be able to work to a degree, but not be able to...

Reverse mortgages are non-recourse loans in which the lender provides funds for the homeowner’s use now, but unlike a conventional mortgage, the loan doesn’t have to be repaid until the homeowner dies or vacates the premises. At that point, the property is sold and the loan is repaid along with the deferred costs and points. AARP has an excellent, easy-to-understand booklet about...

If you’ve been caring for your child who has special needs, you have deep personal knowledge of how your child behaves and responds. You know what they like and what they hate. You know what triggers an anxious or distressed reaction. It could be a flavor, a show, a color, or a person. As an aging parent, you are probably concerned about who will take care of your child when you are...