Blog: Newsletter Archive

On March 25, 2015 Bryant Jordan of Military.com reported: A national organization of elder law attorneys on March 17 filed a 27-page letter with the VA arguing why the department should not make proposed changes to rules for a pension program for low-income veterans aged 65 and older. The VA wants the rules tightened up to ensure that the…

This month’s ‘Tips and Tales’ focuses on what needs to be done before distributing proceeds to a client who receives Medicaid or SSI benefits. Feel free to use this checklist in your office: At inception of the lawsuit ask the client whether he/she receives Medicaid, SSI, Food Stamps, HUD housing (or other financially sensitive government benefits). Document your file. Request a copy of…

If you have followed the caselaw interpreting Ahlborn you know that it has been a long winding road with many attempts by state Medicaid agencies to access the entire settlement, not just the portion attributed to medical expenses. Most recently in 2013 Congress sought to strengthen the Medicaid third-party liability act when it passed the Bipartisan Budget Act of 2013. In section…

Does your case involve a minor? As you are aware a judge in most jurisdictions will assist in the determination of the settlement and settlement funds when you have a personal injury or wrongful death case where one of the claimants is a minor. In most of these cases there are a couple of options to…

We all know by now that we have an affirmative duty to notify CMS of the initiation of a third-party liability lawsuit as well as the settlement of that action.  Unfortunately it takes an extremely long time to get CMS to provide the amount of its conditional liability payment. A few years ago CMS announced its (delayed)…

MSN Money contributor Anthony Mirhaydari discusses the country’s debt problem as it relates to healthcare and more specifically the cost of Medicare [given the growing number of retiring baby boomers] in his article Why we need ‘death panels’. April is Healthcare Decisions month. If you haven’t already done so, we suggest that you communicate your end of life wishes…

Don’t be assured that a facility where you are placing your loved one can qualify him/her for Medicaid. We understand that during these economic times everyone is more cautious about spending money.  However, remember the old adage “You Get What You Pay For?”  Here is how our expert counsel can guide you through long term-care planning to Medicaid approval:…

Tale: John Smith’s 88-year old Mother suffered a stroke and became paralyzed on one half of her body.  The family was unable to care for her at home and decided that she would receive the best care in a skilled nursing facility.  John was given a Durable Power of Attorney by his Mother prior to…

When people get divorced, they often think about rewriting their Last Will & Testament to remove their former spouse as a beneficiary. There are actually more issues than that which need to be addressed timely. If you are newly divorced, you should have a: 1. Written medical advance directive designating an advocate to make medical decisions 2. Designation of guardian…

  The use of a special needs trust (SNT) as a planning tool to preserve settlement proceeds and maintain government benefits eligibility should not be presumed appropriate for every client. For many years there have been articles and advertising focusing on the benefits of special needs trusts.  Special Needs Trusts are, in fact, a gift given to us…