Author: Linda Ershow-Levenberg

At the start of World War II, my Pop went to officer’s training school and then enlisted in the Army Air Corps. He was commissioned as a Second Lieutenant, and became a radar navigator. He was assigned as the Bombardier on a B-17 “Flying Fortress” with the 15th Air Force, 2nd Bomb Group, 20th squadron, based at Amendola in the Apuglia region of southeastern Italy, until the...

In Maurice Needham vs. Director of the Office of Medicaid, the Massachusetts Court of Appeals upheld a transfer penalty imposed by the State Medicaid program after the Medicaid applicant obtained a court order amending his trust. There was a revocable Trust containing Needham’s house, and an irrevocable Trust for Needham’s benefit which was the sole beneficiary of the revocable...

A New Jersey homeowner’s  acceptance of a $90,000 inheritance from his late sister’s estate in 2014 resulted in loss of his eligibility for the Homestead Rebate, because the inheritance was countable as “income.” . Although receipt of an inheritance by an estate beneficiary is not “income” under NJ or federal income tax regulations, it is still considered...

There is an impression being created out in the field that the filing of a Medicaid application is just a matter of spending down and then assembling a few years of records and submitting them to the county board of social services. The fact is that every application is intensively scrutinized. Some counties are scanning all of the financial documents to a reader program that generates a...

When a person moves out of their home and moves into a nursing home for their long-term care, they become a resident at the facility, because the long-term care facility (LTCF) is their new home. The resident  will receive mail there, can submit an absentee voting ballot from there, receive personal visitors and telephone calls there. This is why federal law and state law are couched in terms...

To make sure that your personal health care advocates can have access to your Protected Health Information (“PHI”)  and your treating health care personnel, it’s particularly important that you sign HIPAA authorization forms and put them into the chart at the hospital, clinic, rehab center, nursing home or doctor’s office. Our practice is to provide these forms when our...

Here at Fink Rosner Ershow-Levenberg, LLC, we have just celebrated two major milestones. October 1st 2015 marked the 20-year anniversary of when I “hung out my shingle” as an elder law attorney in Union. After ten years representing state agencies and having my new cases just handed to me, opening a private practice was part “jumping off the diving board” and part...

Here is a situation a client of mine encountered recently that I thought was worth sharing. The client gave me permission to quote her email verbatim. The parent had signed a Will some years ago leaving the estate equally to the 3 children. One provision said ” I direct that my 3 children obtain a joint appraisal of my coin collection. I then direct that the collection be sold to a...

Every day, families are struggling to care for their loved ones at home. The patient may be young with severe disabilities, special needs and nursing needs, or may be aging and unable to live alone due to dementia, confusion or physical weakness. The patient may be dependent on complex durable medical equipment such as  a ventilator, and may require frequent attention from trained attendants,...

Under the “doctrine of necessaries,” a married person in New Jersey is responsible for their spouse’s support, which includes long-term health care. Jersey Shore Med. Center/Fitkin v Baum (NJ Supreme Court 1990). In that case, the Court dealt with whether a widow was legally responsible for the unpaid medical bills of her late husband. Up to that time, the husband would have...