Author: Linda Ershow-Levenberg

When a person is moving into a nursing home for long-term care, there are many papers that are presented to them by the admissions office. While the resident has many federally-protected rights once they move in, at the time of entry the facility is asking them to sign a Contract which can be enforced in court. You should ask your elder law attorney to review the contract before you sign it,...

When a person applies for Medicaid to pay for long-term care services, his resources must be less than a specific amount, which is generally $2,000 if the gross monthly income is less than $2,130, and $4,000 if the income is higher than that. “Resources” and “income” are treated differently. If the applicant owns an annuity contract, it may be counted as an excess...

Generally speaking, if a Medicaid applicant made gifts of assets during the 5-year look-back preceding her Medicaid application, eligibility will be denied for a period of time called a “transfer penalty.” There is a special exception to this rule for transfers that were made to disabled children.   In this case , M.C. v. Union County Div. Soc. Serv. And DMAHS, HMA- 8967-2013, the...

Recent new reports show an uptick in the construction of “oversized” houses designed to accommodate three generations of a family. The aging or disabled parents may move in with their middle-aged child, and then the working child in their 20’s may move in as well to have a more affordable living arrangement. For the generation who are aging or have disabilities, who may need...

By now you know that you can start shopping for affordable health insurance at www.healthcare.gov, where you will learn about the insurance policies available on the New Jersey exchange as well as whether you qualify for government subsidies to offset the cost of insurance, and if you qualify for the Medicaid expansion. Considering the catastrophic cost of even one uninsured trip to an...

If you can no longer sustain employment due to severe, medically-determinable impairments that have lasted for a year or can be expected to last for a year or more, you may be thinking about applying for Social Security benefits (“SSDI” or “Title II”). Initial applications are filed online now. You start with http://www.ssa.gov and follow the instructions to...

Reverse Mortgages or home equity conversion mortgages are a type of loan which enables a homeowner to convert the equity in their home to cash that can be used for expenses.  For frail elderly people or individuals with disabilities who are running out of funds and need to pay for an array of services that are needed so they can remain in their house (such as home health aides), tapping into...

Frail elderly (over 65) and disabled individuals in New Jersey who reside in the community and require substantial assistance with their Activities of Daily Living (ADL’s) have opportunities to obtain home health care and an array of other benefits through the Medicaid Program. Gross monthly income presently cannot exceed $2,130, and there are resource limits as well for eligibility...

The Federal government shut down on October 1, 2013, and certain aspects of the Social Security Disability process will be affected because the work of many of the SSA employees is suspended Individuals who are receiving benefits will continue to receive their payments. Initial applications and Requests for Reconsideration will continue to be processed at the SSA Field Offices and by the State...

Applications for new government -supported health insurance plans are online today. Some people refer to the Affordable Care Act as “Obamacare.” If you have no health insurance or you cannot afford the premiums on insurance offered by your employer, go to http://www.healthcare.gov   to start your investigation. You will set up an account and a password. You’ll be asked to...