More on Medicaid Liens
As explained yesterday, the NJ State Medicaid Program cannot assert a lien against the Medicaid recipient’s property during his lifetime, unless the individual had wrongfully received benefits and the State sued and obtained a judgment. In all other cases, a lien can only be asserted after the death of a Medicaid beneficiary, and certain conditions must apply: the Medicaid recipient had...
CAVC Decision on Partial Knee Replacement under DC 5055
On June 27, 2014, the Court of Appeals for Veterans Claims (CAVC) published a decision in Hudgens v. Gibson. The critical operative regulation the CAVC was interpreting was 38 C.F.R. § 4.71a, Diagnostic Code (DC) 5055 (knee replacement (prosthesis)) and whether DC 5055 applies to partial knee replacement (PKR). This is a question commonly posed by veterans on popular veteran social media...
If you go into a Nursing Home, Does the State Take your House?
Nursing home care can be necessary when a person who is medically fragile or has severe memory impairment, confusion & dementia is unable to be effectively cared for in a home care setting. It could be that the home has too many stairs, inaccessible bathrooms or other hazards. It could be that the patient needs higher skilled nursing attention. It could also be that there is no family...
Sometimes Social Security Benefits Can be Garnished
Are you a grandparent who lovingly agreed to co-sign your grandchild’s college loans? Do you have unpaid alimony obligations under an old court order? You may have been under the impression since you retired that “Social Security Benefits are secure against all creditors,” and that they cannot be attached to satisfy a judgment. This is certainly the general rule. 42 USC...
Affordable Care Act (Obamacare) Coverage – Automatic Renewal Available
More than 5.4 million people enrolled in health insurance plans through the federally subsidized health insurance exchanges that were established by the Affordable Care Act (ACA), and 86% of them were eligible for subsidies, according to the NY Times on June 27th. The Department of Health and Human Services has issued regulations that enable most ACA enrollees to have their policies...
Medicaid Applications: Finish the Spend-down first
When a Medicaid application is denied due to “excess resources,” many procedural tangles can ensue. Individuals who require long-term care in nursing homes, assisted living or at home may apply for Medicaid when their countable available resources have been reduced to a low level, typically $2,000 for an unmarried person plus a protected share for their spouse. (Income is treated...
Long-Term Care: Family & Caregiver Teamwork is Vital
There may come a time when your beloved aged & infirm family member just cannot take care of their basic needs for daily living any more. They cannot get themselves safely in and out of bed or chair; cannot bathe themselves; are starting to trip and fall; need help getting to the bathroom; can no longer obtain and prepare food; or can no longer remember how to do basic things or how to ask...
C-123 Veterans and Agent Orange Exposure Article
As the following Oregonian article documents, claims related to Agent Orange exposure for veterans who served aboard C-123 aircraft during the Vietnam War-era continue to be a contentious issue for the Department of Veterans Affairs. The Institute of Medicine (IOM) recently held hearings to discuss the medical and scientific literature debating exposure issues while service aboard C-123s. It...
Approved for SS Disability? Keep documenting your condition.
Back in the mid-1980’s, Congress enacted the Social Security Disability Benefits Reform Act, and the Social Security Administration (SSA) adopted a Medical Improvement Review Standard (MIRS) to provide a method to evaluate whether a person’s disability had improved to the point that the person is capable once again of engaging in substantial gainful activity (work). Congress...
Free swimming for seniors at Union County’s pools
The Union County NJ Department of Parks and Recreation operates public pools — Ulrich pool in Rahway and Wheeler Pool in Linden. Open recreational swimming is free for people with disabilities and senior citizens at both locations. As of now the hours for these free swims are: Ulrich Pool — Mondays from 6 to 8 PM July 7-August 25, and at Wheeler Pool — Wednesdays from noon...