Elder LawElder Law NewsMay 27, 2021by Donald Dennison
Good Reasons to Hire an Elder Law Attorney before a Nursing Home Placement is Made
The following story will illustrate why you should call an elder law attorney before a nursing home placement is made to try and avoid what happened to my client who I will call “Mary.”
Elder Law NewsSpecial Needs NewsMarch 13, 2018by Linda Ershow-Levenberg
Ideas for use of ABLE Accounts
When an individual with disabilities needs the primary support that’s available through means-tested benefits such as Medicaid Long Term Services and Supports (MLTSS) or SSI or HUD housing, having excess resources creates a barrier to eligibility. First party Special Needs Trusts for sole benefit of the disabled individual are often the strategy of choice, as the disabled individual can...
Elder Law NewsAugust 13, 2017by Linda Ershow-Levenberg
Please! Set up that QIT before filing the Medicaid application!
“What on earth is a QIT?” Under the New Jersey Medicaid program, there are some extra hoops to jump through when the applicant’s gross monthly income from all sources exceeds $2,205.00. This number is colloquially referred to as the “income cap,” and up until late 2014, it created a hard barrier to eligibility for home and community-based Medicaid services for...
Elder Law NewsVA Benefits NewsJanuary 9, 2017by Lauren Marinaro
Unsure about VA Burial? Now You Can Inquire in Advance.
Setting up meaningful funeral and burial arrangements is an important component of estate planning and end of life planning. Many veterans are unsure about whether they or their family members are entitled to burial in a VA Cemetery. Family members may not realize that VA burial is a possibility and may miss an opportunity despite the fact that service in the military was very important to...
Elder Law NewsApril 19, 2016by Linda Ershow-Levenberg
More reasons to consult with a lawyer when filing for Medicaid
The Medicaid program pays for nursing home care for financially eligible people. The program is administered by the State Division of Medical Assistance and Health Care Services (DMAHS), which delegates the application processing to the employees of the county Boards of Social Services (sometimes called county welfare boards). All of these people are government employees. They receive and...
Elder Law NewsSeptember 4, 2015by Linda Ershow-Levenberg
US District Court orders Ohio to begin paying retroactive Medicaid payments for Assisted Living
Just out — summary judgment was granted to the plaintiffs in an Ohio Medicaid case in Federal District Court for the Southern District of Ohio called Kathryn A. Price et al. vs Medicaid Director et al.. The plaintiffs were represented by counsel through the nonprofit organization Justice in Aging Inc. Here’s the decision. At issue was the rewuirements of 42 USC 1396a(a)(34)....
Elder Law NewsJanuary 13, 2015by Linda Ershow-Levenberg
What Can Your Elder Law Attorney Do for You?
If your family is struggling with the difficult decisions regarding nursing home placement or ongoing disability, Medicaid eligibility, or a need for in-home care, the elder law attorneys at FRE-L can assist you with many of the steps in that process. You may be wondering whether to engage an elder law attorney or to work with an application processer recommended by a nursing home. First and...