Blog: News & Insights

On December 19th, 2014, the NJ Division of Medical Assistance and Health Services (DMAHS) issued Medicaid Communication No. 14-15  to the County Welfare (CWA) Directors, explaining the necessity for certain higher-income Medicaid applicants to divert their excess income into a Qualified Income Trust (QIT) before they can apply for MLTSS Medicaid services to pay for nursing home, assisted...

Some people who are disabled receive a modest amount of Social Security Disability benefits and also receive Supplemental Security income (SSI). To be eligible for SSI, the total countable income in a given month must not exceed certain amounts that are set annually. If one receives at least a dollar of SSI, s/he can receive Medicaid for health insurance. Effective January 1, 2015, the Social...

“Special Needs Trusts” are a specific type of Trust which is referenced in the Social Security Act at 42 USC 1396p(d)(4)(a) (regarding Medicaid) and at 42 UC 1382b(c)(1)(C)(ii)(III) (regarding Supplemental Security Income . http://www.socialsecurity.gov/ssi/spotlights/spot-trusts.htm These are first-party trusts, also called grantor trusts. They are for the sole benefit of a person...

If your family is struggling with the difficult decisions regarding nursing home placement or ongoing disability, Medicaid eligibility, or a need for in-home care, the elder law attorneys at FRE-L can assist you with many of the steps in that process. You may be wondering whether to engage an elder law attorney or to work with an application processer recommended by a nursing home. First and...

I received the attached video links from an elder lawyer colleague in Massachusetts . These are two videos designed to raise the awareness of Outpatient Status under Medicare and the Improvement Standard for patients and their advocates. The situations arise when a patient who is a Medicare beneficiary requires skilled therapy following a hospitalization. Historically, therapy would be stopped...

The Medicaid program for long-term care was created by Congress decades ago and is administered by the States and their myriad separate counties. Did you know that there are at least 11 bodies of law that interpret this  byzantine program? From top to bottom we have the Federal Medicaid statutes (42 USC 1396); the Social Security statutes pertaining to the SSI program (42 USC 1382); SSI...

You’re 55 to 70 and your kids are all over 21 and starting to find their way in the world. It’s been 20 years since you last made an estate plan, and that may have only been a Will. Sounds familiar? I see these situations all the time. There can be loads of issues for baby boomers  to think about as you bring your estate plan in sync with your real life circumstances: (1) NJ...

If you are no longer able to work due to severe, medically-documented physical or mental conditions, you may be thinking about filing a claim for Title II Social Security Disability benefits. You need to be prepared for a long, slow process. It can easily take three years from start to finish. First of all, you generally do not file your claim until after you have stopped working full time and...

When it comes to designing an estate plan there is no “one size fits all” because each family is unique. You may have a young adult child with profound disabilities who will never be self sufficient and will require extensive support. Or you may have a child who is developing a certain degree of independence with work activity or ability to live outside your home despite their...

This year, the IRS  adopted final regulations which allow an IRA or 401K account holder to direct 25% of the qualified funds into a new structure called a Qualified Longevity Annuity Contract (QLAC). This is a deferred-income annuity contract purchased from an insurance company with qualified funds. The portion of qualified assets used to purchase the QLAC will not be subject to the Required...