MLTSS and You (and maybe your lawyer too)
Now that we know that expanded Medicaid is kicking off in a big way this month, with expanded eligibility and full integration of all the waiver populations and nursing home residents in the new Managed Long Term Services and Supports program, we need to start thinking about how this will affect clients’ particular interactions with Medicaid, the managed care organization (MCO) and...
Army Secretary McHugh’s Directive to ARBA
On September 3, 2014 DoD Secretary Hagel issued a memorandum to the Board of Correction of Military Records regarding discharge upgrade requests when there is an underlying issue of post traumatic stress disorder (PTSD). We previously blogged about this supplemental guidance at http://blog.finkrosnerershow-levenberg.com/va-benefits-news/sec-hagels-guidance-bcmnr-ptsd/.
On November 3, 2014,...
It’s official: NJ Qualified Income trusts are needed for high-income Medicaid applicants as of 12/1/14
I am sure you’ve seen or heard about the changes coming to the NJ MLTSS Medicaid program with respect to applicants whose gross monthly income exceeds the “income cap,” which is presently $2,163. I’ve blogged about this over the last few months. Well it’s official now – the State has confirmed that December 1 is indeed the date in which this new procedure...
Managing Someone Else’s Money
If you’ve been a designated as someone’s “Power of Attorney,” they’ve given you a big responsibility. The job is different than managing your own money. You are a fiduciary with a duty to the principal (the person who selected you). You have to safeguard the assets of your “principal,” for their wellbeing and benefit. You need to stay aware of all...
Monitor the social/emotional care plan for your loved one in a nursing home
If you are the advocate for someone in a nursing home — your spouse, parent, friend, relative — you may sometimes notice unusual behavior which is different from what you are accustomed to seeing with your loved one. Speak up. Ask the social worker what has changed. Is there a new roommate? A different aide waking the resident up in the morning? Is there another resident who is...
BCMR/DRB Link and Representation Military Discharge Upgrade
It is common that the Veterans Law Section of Fink Rosner Ershow-Levenberg gets inquires regarding military/veterans legal representation that are not specifically related to the Department of Veterans Affairs and Title 38. A common issue is veterans seeking representation to request a military discharge upgrade and/or correction of military records. Many veterans are confused on how to...
“Avoiding Probate” can cause more problems than it prevents
You may have heard that you should set things up to “avoid probate.” Bank or brokerage personnel may have recommended that you ” add a pay on death beneficiary, or a joint owner, so you can avoid probate.” There are fallacies built into that advice which can lead to unintended complications after death.
Estate administration is a process that can include many elements...
“Curious Incident” is a marvelous Broadway show
Last week I saw “The Curious Incident of the Dog in the Nighttime,” a drama at the Ethel Barrymore Theatre on 47th Street in NYC. What an excellent production.
http://curiousonbroadway.com/?gclid=CKa58f_qkMECFa1m7AoddGsArQ
Based on a novel written in the first person by the protagonist, 15-year old Christopher Boone, it’s a story about a weird discovery he makes one evening,...
Cautionary tale about administrative procedural hurdles
In a new but unpublished decision by the Superior Court, Appellate Division, a person applying for benefits under the State’s Traumatic Brain Injury Fund (TBIF) was denied reimbursement for certain equipment due to apparent failure to properly follow all of the procedural requirements for obtaining same. B.B. V. Division of Disability Services ( A-3151-12T3, decided Nov. 17, 2014). The...
2014 Veterans Health Benefits Handbook
A few weeks ago, the Veterans Health Care Administration (VHA) released an updated version of the handbook explaining a veteran’s explanation of rights and benefits. The attached sample, accessible at 2014 Veterans Health Benefits Handbook, will essentially be the same as the personalized version that veterans should receive in the mail.
If you have questions regarding your eligibility...