Blog: News & Insights

There’s a natural human tendency to kick cans down the road when we can, and to put off those things that just don’t seem imminently necessary. People enter into legal arrangements without writing documents. They avoid signing Wills or Powers of Attorney because they feel well and everything seems fine. And when a family member is developing signs of incapacity — whether...

When a married person applies for Medicaid benefits to pay for nursing home care (“institutional care”), the first day of the first month of continuous residence in the facility is often referred to as the “snapshot date.” On that date, a “picture is taken” of all of the non-excluded assets owned by the two spouses.  A calculation is then made to see if a...

At the time of admission to one of the New Jersey Veterans Memorial Homes, a worksheet is prepared based on the current values of the “accountable assets” as well as the income that is available. A home owned by the veteran is a non-accountable asset. If the home was sold, and the proceeds are kept in a segregated account, those funds are considered “non-accountable.”...

The surviving spouse of a Social Security recipient is entitled to a “bump up” in their benefits if the deceased spouse received a higher monthly benefit than the survivor was receiving. Typically, the funeral director notifies the Social Security Administration about the death. Don’t assume that this notification suffices to preserve eligiblity for the widow’s benefit....

Reverse mortgages have been an appealing option for many aged homeowners, because they provide access to the equity in the home when liquid assets are getting used up. These Home Equity Conversion mortgages (HECM for short) need not be repaid until the homeowner dies or vacates the premises. The borrower has to be able to pay the ongoing basic property maintenance charges — such as condo...

This is my tribute to the elders in our communities who have been so terribly affected by  the COVID-19 pandemic restrictions. Untouchable; Alone (April 16, 2020 Central Jersey) (c) Linda S. Ershow-Levenberg , all rights reserved Untouchable. Alone. He wants his daughter. Every morning she brought coffee and some news. She would tell him of the books that she was reading, trim his hair, or...

Advocating for our clients in nursing homes during this pandemic has been uniquely difficult! What tools do we still have to help people watch over the delivery of care to their loved ones? Many rights are guaranteed, and right now much creativity is needed to protect those rights. You can still set up care plan conferences with the treatment team...

To say that the care-delivery system in New Jersey’s nursing homes in 2020 has been fraught with problems and perils is, of course, an understatement. Certain facilities are just now beginning to admit new residents, and many new procedures for infection control and care delivery have to be put in place. The NJ Attorney General announced on April 16th that he is embarking on an...

Readers of this blog know that when he time comes to apply for New Jersey’s Medicaid/MLTSS program for either home care, assisted living care of nursing home care, a daunting array of proofs is required. The burden to prove eligibility is placed on the applicant.  Every single expenditure made by the applicant and their spouse during the previous 5 years is open for scrutiny, to see if...

An important new Medicaid Communication (MedComm) was recently issued by the New Jersey Division of Medical Assistance and Health Services (DMAHS). As we had previously discussed, due to the COVID-19 emergency, Medicaid has loosened certain eligibility and post-eligibility rules. The MedComm explains and reconfirms our understanding of the changes in these areas: Terminations: If you were...