A QLAC for IRAs is not a “Medicaid Annuity.”
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...
Community programs & services for people with special needs & their families
I recently came across information about special programs events that may be of interest to you if you are caring for or assisting a family member who has special needs. The events took place in November in the greater Essex-Morris-Union county areas but they are the beginning of what will be many programs on these issues that will be run through the Jewish Federation of Greater MetroWest....
2015 Medicaid numbers now available
http://medicaid.gov/medicaid-chip-program-information/by-topics/eligibility/downloads/2015-ssi-and-spousal-impoverishment-standards.pdf
Starting January 1, 2015, the Community Spouse Resource Allowance (CSRA) for the community spouse of a married Medicaid applicant is being raised to $119,220 from $117,240.00. This is the amount of countable available resources that the community spouse can...
After Action Report, BVA Decision – Renal Cancer and Benzene Exposure
We recently began representation of a Korean War veteran who had appealed a denial of service connection for renal cancer causally-related to benzene exposure. During the initial triage of claim and legal memorandum to the Board of Veterans’ Appeals (Board), we had briefed a few issues regarding Stegall v. West, 11 Vet. App. 268 (1998) and the C&P examiner’s misreading of a...
Army Review Boards Agency New Webpage for Discharge Upgrades . . . And a Residual Question
On the heels of DoD Secretary Hagel and DA Secretary McHugh’s recent guidance concerning applications for discharge upgrades when there is an underlying issue concerning post-traumatic stress disorder (PTSD), the Army Review Boards Agency (ARBA) has launched a new website devoted to the issue. The webpage can be accessed at ARBA Discharge Upgrade/PTSD.
The above webpage explains both...
Appealing reductions in PCA hours under Medicaid
If the State Medicaid program cuts your hours of service, appeal, appeal, appeal. NJ Medicaid administers certain of its home care services through a program called the Personal Preference Program. The number of allocated hours of service is decided by the Division of Medial Assistance and Health Services (DMAHS). Personal Care Assistant (PCA) services are provided to the participant at a set...
Veterans Consultation . . . What Does a VSO/Attorney Need to See
Rarely a day goes by where a veteran — some days a baker’s dozen — does not contact me via email (sdirector@FRE-L.com) or telephone ((732) 382-6070) concerning issues they are having with the Department of Veterans Affairs. These contacts come in from all geographic areas (to include out-of-country) and range in issue from initial claim processing confusion to issues...
CAVC Decision Analyzing 38 C.F.R. 3.54(c)(2) (Married One Year Prior to Death)
On December 4, 2014, the Court of Appeals for Veterans Claims issued a decision in Gazaille v. McDonald (hyperlinked). The majority held that the claimant, the wife of a deceased Vietnam War veteran, was not entitled to Dependency and Indemnity Compensation (DIC) because she did not meet the statutory requirements (38 U.S.C. § 1304) or regulatory requirements (38 C.F.R. § 3.54(c)(2)) of being...
Elder Care Planning: Building your Team
Tuesday evening I was privileged to participate in a lively panel at the JCC in Scotch Plains that was answering questions on a wide range of elder care/ elder law issues. The panelists were terrific — Michele Morandi, D.O., geriatric physician based in Union and affiliated with Center for Hope Hospice https://centerforhope.com/ ; Chris Kaiser, MSW, LCSW, Director of the Older Adult...
Medicaid isn’t the only program that requires a look-back
If you apply for Medicaid benefits to pay for long-term care in a nursing home, assisted living or at home, you have to be prepared for the grueling 5-year look-back, a process that can leave you in a quagmire as you search for answers to the most minute questions about the personal financial lifestyle of your household or the applicant you’re assisting. Medicaid is now being referred to...