Seeking reduction of the Medicaid liability lien through the administrative process mandated under Florida Statutes. If your client’s personal injury case involves a Medicaid lien as well as an ERISA lien and AHCA argues its lien should be paid in full request that the Administrative Law Judge not consider the ERISA lien as evidence of allocation of medical expenses.  While…

Congress has authorized a second extension to delay implementation of Section 211 of the Bipartisan Budget Act of 2013 through October, 2017 (HR 4302). This amends 42 U.S.C. 1396a. The act was scheduled to go into effect October, 2014. The federal act sought to repeal the successful results afforded to Plaintiffs as a result of…

We are pleased to introduce our new Premiere Estate Planning Program (PEPP) for our clients for whom we have done estate & incapacity documents. During the subscription year, the PEPP program is designed to: help you keep your plan up-to-date keep you apprised of new law changes that may affect your estate planning documents allow you the…

By Hillary S. Josephs No, this is not the premise of a movie or novel. It is the true story of a family that could have avoided much of the emotional turmoil, possible physical harm, and the expense and loss of privacy they now have to come to terms with as they face a guardianship…

By Hillary S. Josephs, Business Development Coordinator, Stephanie L. Schneider P.A. No, this is not the premise of a movie or novel. It is the true story of a family that could have avoided much of the emotional turmoil, possible physical harm, and the expense and loss of privacy they now have to come to…

I was disheartened to learn that a Florida elder law attorney was arrested and disbarred in December 2015 for financially exploiting vulnerable clients, and for not fulfilling his responsibilities to clients who hired him to preserve their government benefits and protect their lawsuit proceeds. One bad apple (or in Florida we’ll say bad orange) does…

Florida Designation of Healthcare Surrogate Law You may know that this document allows you to name a trusted person to make your healthcare decisions if you are temporarily or permanently incapacitated and unable to give informed medical consent. It allows your medical decisions to be made privately without court involvement. Now you have the following…

If the settlement recipient is a minor ask yourself: Do the settlement net proceeds exceed $15,000.00? Are the minor’s parents deceased or incapacitated? If the answer is ‘yes’ your client needs a guardianship then call Stephanie L. Schneider an experience guardianship lawyer A ‘minor’ in Florida is a child under 18 years of age. A…

Florida Statutes Chapter 744 which governs guardianship proceedings was amended relating to the settlement of claims for incapacitated adults and minors effective July 1, 2015. Here are the highlights: Confidentiality: The portion of the court file relating to the settlement of a claim is confidential.  A party must establish good cause and only then is the…

On June 25, 2015 (exactly two years after the U.S. Supreme Court decided Windsor and held that part of the Defense of Marriage Act was unconstitutional) the Supreme Court of the United States issued its opinion in Obergefell and ruled that same-sex marriage is legal in all states. Now, same-sex married couples are entitled to…