March 24

Medicaid: Making it work for you under the new guidelines and Miller Trust

On Wednesday, March 25th, elder law attorney Harold Grodberg, Esq. will be offering a special seminar to discuss the new Medicaid guidelines and the elimination of monthly income limits for Assisted Living and Medically Needy for Long Term Care.

The Chelsea at Fanwood
295 South Avenue
Fanwood, NJ 07023
March 25, 2015 at 6:30 PM

Please RSVP at (908) 654-5200.

March 4

New Jersey Settles Federal Lawsuit Involving Veterans Benefits and Medicaid Eligibility

The state of New Jersey has settled a class action lawsuit and agreed not to count veterans pension benefits as income when determining Medicaid eligibility.  Plaintiffs’ counsel has been paid $100,000 in fees.

Alma Galletta filed a class action lawsuit against New Jersey, seeking to enjoin the state from treating Veterans Administration Improved Pension (VAIP) as income for Medicaid eligibility purposes. Ms. Galletta argued that the entire income she received from her VAIP benefit resulted from unusual medical expenses, so it should not count toward her income for Medicaid eligibility purposes.

After a U.S. district court enjoined the state from counting one of the class member’s VAIP as income, the state began settlement negotiations with Ms. Galletta. On February 6, 2015, the court approved a consent order between the parties, in which the state agreed that VAIP will not be included as countable income during the Medicaid eligibility process and a notice will be distributed to caseworkers explaining the ruling. Ms. Galletta also received Medicaid benefits retroactive to her application. In addition, the court approved $100,000 in fees and costs for the plaintiffs’ attorneys.