Nehmer (38 C.F.R. § 3.816) Effective Date of Award Back to Bruce’s “Born in the USA”
As we have previously blogged about, there are special rules for effective dates of award that may apply to veterans with service in Vietnam (colloquially referred to as “boots on ground”) for presumptive conditions related to Agent Orange listed under 38 C.F.R. § 3.309(e). The rules are encompassed within 38 C.F.R. § 3.816 (regulation concerning effective dates of award under the...
Watch out for “observation status” if patient will need skilled care after discharge
If you’ve been an advocate for a person who enters the hospital for treatment and then is discharged to a nursing home several days later, you know that after a three-day hospital admission, Medicare Part A can pay for up to 100 days of skilled nursing and physical/occupational/other therapy in a subacute or rehabilitation facility, provided that the patient requires that level of...
VA Reconsideration of an Initial Rating Decision, Amended VA Adjudication Manual
Over the years, I have commented how the informal process of “reconsideration” of an initial VA Rating Decision simply does not exist in regulation or statute. I previously commented, “This practice has permeated through some of the Regional Offices . . . but with no predicate in law and, therefore, little protection for the veteran.”
While the notion of...
Giving Trust Beneficiary a debit card can cause a special needs trust to be “available”
Special Needs Trusts are established with the assets belonging to a disabled person, and if they are properly structured and properly administered, the assets won’t be countable as “resources” and the distributions won’t be countable as “income.” This is particularly important when the beneficiary depends on Medicaid, SSI, DDD and other means-tested...
Review your old special needs trusts before it’s too late
Laws change. Sometimes, federal law stays the same and state laws implementing it change. State statutes may remain the same but the state regulations change. State regulations may stay the same, but the executive branch agency issues advisory memoranda which change the procedures. That’s what occurred back in 2001 when the State of New Jersey Division of Medical Assistance and health...
VA Press Release on Chemical Exposure at Camp Lejeune
On August 3, 2015, the Department of Veterans Affairs (VA) released a press release entitled, “VA Expands Review of Chemical Exposure in Drinking Water at Marine Corps Base Camp Lejeune.” The link to the press release can be located at http://www.va.gov/opa/pressrel/pressrelease.cfm?id=2720.
In short, the VA is considering adding three conditions as presumptive for service at Camp...
Get ready for a wild ride when filing a NJ Medicaid application
Growing old doesn’t mean that people stop taking care of their family members and think only about themselves. Families expand. Children may enter second marriages. The grandchildren get married. A child may run into financial trouble, lose their job or become medically disabled. Loving families support each other and that often means that people will share their home with the next...
Justice in Aging’s 2015 Resource Manual educates consumers about nursing home practices
Justice in Aging is a national nonprofit agency which advocates for seniors and pursues litigation involving unlawful practices that affect large classes of the population who are aged or have disabilities. I have previously written about nursing home practices in this space and am glad to tell you that the 2015 updated guidebook 20 Common Nursing Home Problems and How to Resolve Them...
Techniques of Behavioral Analysis can be useful in avoiding threatened discharge from a nursing home
If you are the advocate for a loved one in a nursing home, whether that’s your spouse, parent or other person, you might encounter this problem. Your loved one suffers from dementia, confusion, and limited ability to express themselves in a coherent manner. You visit them frequently and you find that the staff are beginning to complain to you that they are developing “behavioral...
Bank had no duty to protect aged customer against suspected scam
New Jersey enacted a statute in 1998 that enables banks to release certain information to law enforcement concerning their customers’ accounts when they suspect that the customer may be the victim of illegal schemes such as scams, fraud or elder abuse. It was deemed important to provide immunity from liability for such a release, in cases where the information was relevant to actual or...