Blog: News & Insights

There are times that an individual with disabilities who is under 65 receives a lump sum of money at a time when s/he is receiving benefits through Supplemental Security Income (SSI), Medicaid or the Division of Developmental Disabilities (DDD). The problem of course is that those are all means-tested benefits and the participant is at risk of losing eligibility if they retain the assets....

Every once in a while a general interest story about veterans hits the news and causes me to pause and reflect . . . in a good way.  Last year, it was a historical account of the daughter of a civil war veteran who still receives a small pension for her father’s service by the Wall Street Journal. Today, its a Washington Post Article about America’s oldest living veteran, Richard...

When a Medicare patient has been treated for three days or more as an admitted inpatient in a hospital, they may need subacute treatment for maintenance of their fragile condition, or for cognitive or physical rehabilitation. If a physician prescribes those services and they need to be performed by licensed personnel (nurses, physicians, physical and occupational therapists, for example) in an...

Child moves into parent’s home with his family, with no lease, no written agreement. Stays there for decades and at some point, the parent dies.What rights do they have, and what obligations?  Aging parent moves into child’s home, perhaps a “mother-daughter” structure or perhaps using a bedroom within the main part of the house, with an informal arrangement for sharing...

Federal law requires that nursing home patients be given the same services and same level of care regardless of whether who is paying for it — Medicaid or otherwise. The federal “bill of rights” for nursing home residents is at 42 U.S.C. 1396r(c)(4)(A): “(4) Equal access to quality care.(A)  A nursing facility must establish and maintain identical policies and practices...

There’s no doubt about it, long-term care insurance is expensive, and the premiums can be steep if you wait until after age 70 to first buy a policy. Some companies have gotten approvals for big premium increases on old policies. The marketplace has shrunk as companies have left the business, and some companies create bureaucratic barriers to paying claims. However, there’s also no...

On April 23, 2015, the Court of Appeals for Veterans Claim (CAVC) remanded, in pertinent part, the Board of Veterans’ Appeals decision denying service connection for conditions related to TCDD (Agent Orange) exposure for Mr. Gray a Vietnam-era veteran.  I don’t want to give away the end of the movie, but the question of whether Mr. Gray is a veteran with service in Vietnam under...

Elder Law has really broken out into mainstream popular culture this year!  There was the first season of Better Call Saul, where the attorney who would be Saul Goodman on Breaking Bad gets into elder law and sues an assisted living facility in New Mexico.  And now, on the heels of the new Star Wars Trilogy coming out, we have a galactic elder law fact pattern with a script spec called Old...

Last week, the St. Paul Pension Management Center granted on appeal the surviving spouse of a veteran Dependency and Indemnity Compensation (DIC).  The issue on appeal involved a dependency status question when the marriage lasted less than one year.  While marriage for one year is the normal predicate question for spousal status, in this case “status” was satisfied under 38 C.F.R....

Last week, we published a short article concerning the Yale Veterans Clinic’s petition under the All Writs Act in Monk v. McDonald.  In the ensuing week, numerous websites have published articles about this petition, to include the New York Times (accessible at April 7, 2015 New York Times Article). In addition to press articles, a number of veterans (to include clients) have emailed me...