Blog: News & Insights

Different states handle the issue of seniors driving differently.  New Jersey is currently considering legislation to increase the amount of conditions your doctor would report to the MVC if he or she thought it would affect your driving.  In the meantime, check out this terrific website from AAA on being a senior driver.  Tons of resources for driving self-tests, improving driving skills and...

Medicaid is considered a poverty program but it actually provides benefits to many middle class families.  This is in the form of payment for long-term care in institutional and home-based settings.  Medicaid also assists many disabled children, and disabled adults under 65.  The “face” of Medicaid is as diverse as New Jersey itself!! Fink Rosner Ershow-Levenberg LLC can help you navigate the...

It is that time of year again — time to reassess whether your Medicare plan is working for you. The Medicare open enrollment period runs from October 15 to December 7 2012. During the Medicare open enrollment period, you may enroll in a Medicare Part D plan or, if you currently have a plan, you may change plans. In addition, you can switch out of a Medicare Advantage (managed care) plan...

The New York Times has an important article on their front page regarding how subprime lenders are moving into the reverse mortgage market and pressuring younger and younger borrowers (minimum age 62) to take out home equity this way, which could incur major fees to the lender while the borrower simply doesn’t have the income to maintain the property, leading to foreclosure. The law firm of...

Are you concerned about the quality of care for your loved one in the nursing home they are in?  If so, you might want to consider installing a “granny cam.” Recently, a hidden camera discovered major abuse in a Hudson County nursing home.  Right now, there is legislation pending in the New Jersey Legislature on the right to install a granny cam.  Seems like an option worth considering….. as...

There are a lot of recent movies that tell interesting stories about Elder Law issues. Go see the movie Robot and Frank to learn about the future of getting long-term care from robots.  Or the Best Exotic Marigold Hotel for the outsourcing of long-term care to other countries. Win Win tells a story about an elder law attorney right here in Union County! And don’t forget Disney Pixar’s Up,...

Seniors and their families need to be aware of the new landscape for individuals who potentially will require nursing home care in the next five years, as the rules governing Medicaid eligibility have changed. It is vital that individuals save all of their documentation for at least five years in case it becomes necessary to apply for Medicaid. A variety of planning strategies, including...

There has been much debate regarding the rationale behind the increase in the VA backlog. An article from the Federal Times opines that the increase, at least in part, is due to the complicated nature of recent Iraq and Afghanistan Veterans claims. Without commenting on the conclusions of the article regarding the backlog, it does highlight the need for Veterans to be aggressive in advocating...

In the past few years, the military, the Department of Veterans Affairs (VA), and society have begun to acknowledge the increasing need to provide mental health services for returning combat Veterans. This is evidenced by the changes to Title 48 covering post-traumatic stress disorder for disability compensation, as well as changes to the VA healthcare system. In concert with this, the...

On August 24, 2012, The Court of Appeals for Veterans Claims (CVAC) issued an en banc order in Tyrues v. Shinseki on remand from the Federal Circuit for reconsideration in light of Henderson v. Shinseki,131 S.Ct. 1197, 1206 (2011) (Supreme Court held that the 120–day limit to file an NOA pursuant to 38 U.S.C. § 7266(a)—although an important procedural rule — was not jurisdictional.). As is...