Blog: News & Insights

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...

Recently, the Department of Veterans Affairs’ own blog posted an article regarding the VA appeals process.  The article provides a good overview of the VA appeals process (after submission of the VA Form 21-0958) and offers a well-constructed diagram that is easy to understand and succinctly explains the timelines involved.  Link to the VA article can be found at the following link: 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...

Recently, the RAND Corporation released three reports regarding the Veterans Health Administration (VHA).  These reports were previously submitted to the VA and House and Senate Veterans Affairs Committees as mandated by the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146).  The summary of all three reports can be found at RAND Reports – Summary. The report...

The recent New Jersey case of Estate of Bertha Polak is another good illustration of differing viewpoints among family members about the terms of intrafamily loans and whether there is an obligation to repay. This case arose during the estate administration process. This is an unpublished decision of the Appellate Division, meaning it isn’t precedential, but it gives the reader a good...

Previously, I had blogged about an April 23, 2015 decision from the Court of Appeals for Veterans Claim (CAVC)  in Gray v. McDonald.  In Gray, the CAVC had remanded because the Department of Veterans Affairs’ (VA) interpretation of “inland waterways” for the purposes of the presumption of exposure to Agent Orange (TCDD) was found arbitrary.  Link to that blog post (to include...