NJ’s SACCONE case allows use of Special Needs Trusts for PFRS Beneficiary
The New Jersey Supreme Court has issued a decision that will be very helpful to disabled children of retired NJ police and firefighters, called Saccone v Board of Trustees of the Police and Firemen’s Retirement System (9/11/2014), http://caselaw.findlaw.com/nj-supreme-court/1677772.html Under the rules for the Police and Firemen’s Retirement System (PFRS), upon the death of a...
Coordinating Home Care for the Frail Aged takes Persistence
It is axiomatic that aged individuals would prefer to remain in the comfort of their familiar surroundings rather than finish their lives in an institutional setting. This is the case whether the person lives in a mansion or a little apartment, in a house with their beloved front porch or a home with their comforting tiny living room or sunny little back yard. Federal initiatives exist that...
RSVP Senior Volunteer Program is up and running again in Essex and Hudson Counties
The Retired Senior Volunteer Program (RSVP) was started in the 1970’s as a program of the federal government that was administered by local non-profit organizations all over the USA to provide a way for retired people to continue to use their vast knowledge and skills to benefit others. In fact both my grandfather and my uncle — retired printers from Barton Press Inc. of Newark and...
Social Security Administration returns to mailing of benefit statements
In 2000, the Social Security Administration began mailing annual benefit statements to all workers age 25 and up. The benefit statements show the posted earnings history and the retirement and disability benefits available to the worker and his or her dependents. Individuals unable to continue working due to disability and individuals thinking of retiring could easily see their potential...
Special Needs Trusts play Vital Role for SSI & Medicaid Recipients
A person with disabilities who is incapable of engaging in substantial gainful activity for self-support in the competititve workplace may be receiving Supplemental Security Income (SSI) and the Medicaid benefits for health care that accompany the SSI. http://www.state.nj.us/humanservices/dmahs/clients/medicaid/abd/index.html The person may reside in the community, in an assisted living...
Patients’ Home Caregiver Training Bill Pending in NJ
People who are responsible for the care of frail elderly relatives may be interested in a bill that has just passed the NJ Assembly and is headed to the state Senate for consideration. The bill is A2955. http://www.njleg.state.nj.us/2014/Bills/A3000/2955_R1.HTMA2955
The bill is designed to improve discharge planning for patients returning to their homes, and to decrease the frequency of...
National Panel Encourages Greater Use of Palliative Care at End of Life
Today it was reported that a nonpartisan 21-member committee appointed by the federal Institute of Medicine, which is the independent research arm of the National Academy of Sciences, has issued the results of its investigation into the way the United States’ health care system including Medicare deal with the delivery of treatment at end of life. Their 507-page report is called “Dying...
Myth: “Medicaid doesn’t count the annual exclusion gifts”
A few days ago I met with a new client whose elderly relative had given out $12,000 gifts per person to a set of favorite relatives about 4 years ago because someone at the bank told her that if the gifts were limited to this amount $12,000 it would not be counted against her if she had to go to a nursing home. You would not believe how often this incorrect legal advice is given out, often by...
Medicaid and VA Pension Comparisons, Part II
My last post discussed some of the differences between Medicaid and the Veterans Improved Pension programs with respect to the treatment of assets, trusts and transfers.
The treatment of income is also different among these programs. Here is a chart that will give you these comparisons at a glance.
2014 VA Pension and Medicaid income resource chart
Income eligibility for Veterans Improved...
Trust & Transfer Planning for VA Benefits may not be effective for Medicaid Planning
A Medicaid application for nursing home level services is not filed until your countable, available assets are below a specific limit. Transfers (gifts) and Trusts can be used in certain circumstances. When our attorneys are analyzing the laws and developing your asset protection plan, the two major issues in this regard are (1) whether the funds in the Trust continue to be countable assets,...