Blog Archives

Long Term Care Planning – Should I Wait and See?

I consistently emphasize that we can achieve the most favorable results for our clients with the benefit of time, meaning we want to work with clients as far as possible before they reach crisis mode.  I know, however, that there is a general resistance to taking action.  Long term care is an unpleasant subject and […]

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Are VA Aid and Attendance Benefits Countable as Income by Medicaid? (Part 2)

Last week we were discussing the VA Aid and Attendance benefit and how it could “knock you off” some of New Jersey’s Medicaid programs – specifically the assisted living and home based programs – because some of the VA pension will be considered income for Medicaid purposes.  That could cause total income to exceed the […]

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Are VA Aid and Attendance Benefits Countable as Income by Medicaid? (Part 1)

New Jersey has several Medicaid programs.  Some have a strict income cap of $2130 per month of gross income as we saw last week with the assisted living program.  In 2013, if you have more income than $2130 per month you won’t be eligible for these programs.  So what counts as income? Social Security and […]

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The Facility Said If I Pay for 2 Years then I’ll Get Medicaid (Part 2)

Last week we were discussing Carol, her mom and a very common disconnect we see when families speak with assisted living facilities.  The facility explained it’s requirement  that residents private pay for a certain period before being considered for one of it’s Medicaid slots.  Carol heard something entirely different, that as long as she meets […]

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New Jersey Medicaid and VA Benefits – 2013 Numbers

Every year brings change, sometimes small sometimes big.    Many of the government benefit programs that we, as elder law attorneys, work with frequently, such as New Jersey’s Medicaid program and the VA Aid and Attendance program, underwent slight changes as the clock turned to 2013.  Let’s review them. Medicaid and VA Aid and Attendance are […]

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Big Changes in the VA Aid and Attendance Program on the Horizon

     Eligible wartime veterans and the widowed spouses of wartime veterans can qualify for a special pension that can go a long way towards helping to pay the skyrocketing cost of long term care.  In many cases we can qualify needy applicants almost immediately even though they have assets greater than the limits imposed by […]

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No Luck with Medicaid? VA to the Rescue

Karl had been in an assisted living facility for several years and doing well there.  His family felt fortunate.  Although Karl didn’t have much in the way of assets he did have income from Social Security and a pension, totaling $5000.  He also had a long term care insurance policy that was paying $2500 a […]

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COLA Increase Returns in 2012

The last 2 years have been especially tough on seniors, especially those on fixed incomes.  That’s because there has been no cost of living increase since 2009 so Social Security benefits for millions of Americans have remained the same.  Next year, however, the government has announced a 3.6% cost of living adjustment (COLA).  This means […]

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Harry’s Law – Hollywood and Elder Law Collide (Part 2)

So, last week we were talking about Gloria and Abe, the subject of an elder law plot line on the NBC drama, Harry’s Law.  Gloria wants to divorce Abe because she can’t afford the long term care that Abe needs without selling their house and leaving her destitute.  A discussion amongst the lawyers in the […]

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The Single Most Dangerous Mistake When Applying for VA Benefits (Part 2)

Last week we were talking about Melissa’s call to our office.  Her parents had been receiving VA benefits for 2 years while living in an assisted living facility and everything had been great.  The reason she called us, however, is that Dad now needs nursing home care.  Her parents have $70,000 in assets so she […]

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