Blog: News & Insights

Seth just reported on the brand-new Supreme Court decision that declared certain parts of the Defense of Marriage Act unconstitutional.  I previously wrote about the state of Medicaid benefits in the DOMA era here.  Now, post-DOMA, all eyes are on New Jersey to see if we will stick with civil unions or pass an actual gay marriage bill.  If we stick with civil unions, it would appear to me that...

On June 26, 2013, the United States Supreme Court issued a decision in United States v. Windsor, 570 U.S. ___ (2013), holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional because it is “a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.”  Section 3 of DOMA  essentially defined “marriage” and...

Sometimes the hardest part about Elder Law is knowing when you are in a position to help an older adult into a better, healthier, more sustainable lifestyle and when you are going to be told to “mind your own beeswax!” by the older adult you want to help.  Many times, we meet with friends, neighbors and family members of elders who may need help (similar to this advice column) but...

On June 7, 2013, the Court of Appeals for the Federal Circuit (Fed. Cir.) issued an opinion in Hall v. Shinseki.  The issued stemmed from Mr. Hall’s Post Traumatic Stress Disorder (PTSD) claim based upon an allegation of an in-service sexual assault . On appeal, Mr. Hall argued that 38 C.F.R. § 3.304(f)(3) (fear of hostile military or terrorist activity) should apply to claims for PTSD...

The FDIC just released a terrific pamphlet on how older adults should be prepared to avoid consumer scams and other forms of elder exploitation.  Called “Money Smarts for Older Adults,” it is worth printing out, then sit back, make yourself a cup of tea, and read it!  Then when you have questions about particular things in it, feel free to give us a call to discuss how their...

The Department of Veterans Affairs has lauched an online library of veteran-specific health information, called the Veterans Health Library.  The website can be accessed at http://www.veteranshealthlibrary.org/. I had an opportunity to review some of the material and one of the best parts of the Veterans Health Library is the “medication” section.  Many of the veterans we represent...

As the linked Bloomberg article documents, the U.S. House of Representatives voted to increase the Department of Veterans Affairs’ (VA) budget to $157.8 billion.  This represents a $13 billion increase from the VA’s current budget. Included in this increase is authorization to hire ninety-four (94) new employees to help address the well-documented backlog in VA disability and...

As the linked Washington Post obituary documents, Senator Frank Lautenberg passed away today at the age of eighty-nine (89).  Regardless of your politics, Senator Lautenberg’s legacy as a five-term congressman cannot be overstated.  His demeanor — which I find defines the personality of most of U.S. servicemembers — was described by his former press secretary as:  “He’s a...

A while ago I wrote that New Jersey was taking the federal funds to expand Medicaid to those under 138% of poverty. This is based on  a person’s Modified Adjusted Gross Income–no asset test, no lookback.  if you are an adult tax dependant and you think you are earning less than this, consider filing your own return, or talk to an accountant. Many of our clients and their families...

The linked KTVU article documents an a “Hackathon” event intended to provide veterans a conduit between their military service and entry into the technology field.  Despite its somewhat nefarious name, the event did not involve assisting veterans hack into bank computers or steal folk’s private identity information (PII).  Instead, Vets In Tech events are intended to raise...