Posted by: Thomas D. Begley, Jr.
The Traumatic Brain Injury Trust Fund is different from the Traumatic Brain Injury Medicaid Waiver Program. The Fund is administered by the New Jersey Department of Human Services, Division of Disability Services. The Fund pays, as a last resort, for the cost of post-acute care, services, and supports to New Jersey residents who have survived neurotrauma with a traumatic brain injury. There is a TBI Fund Review Committee that reviews requests for services and supports. Expenditure Caps and Limitations Services provided to an individual will not exceed a lifetime total of $100,000 nor [...]
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Filed under Personal Injury Consulting.
Tags: Personal Injury, Personal Injury Consulting
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Posted by: Thomas D. Begley, Jr.
In 1988, Congress passed the Medicare Catastrophic Coverage Act (MCCA). Pub. L. No. 100-360 codified at 42 U.S.C. § 1396p(c) as amended by 42 U.S.C. § 1396r-5. Provisions of this Act were designed to avoid impoverishing the community spouse. For example, since October 1, 1989, the income of the community spouse is no longer deemed available to the institutionalized spouse at any time for the cost of care. In addition, the community spouse is entitled to a Minimum Monthly Maintenance Needs Allowance (MMMNA), which may come in whole or in part from the income [...]
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Filed under Library, Medicaid Planning, Medicaid Planning.
Tags: Medicaid Planning
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Posted by: Susan Green
In New Jersey, probate is handled by the county’s Office of the Surrogate (also known as the Surrogate’s Court). Unlike many other states, the probate process in New Jersey is fairly simple. Filing requirements and appearances before probate judges are generally atypical. However, it is still important to understand the probate process in New Jersey from both planning and administrative perspectives. Although the Office of the Surrogate generally enforces few requirements regarding the administration of an estate, a competent professional should make every attempt to ensure that the interests of the estate and its personal representative(s) are properly asserted. The [...]
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Filed under Estate and Trust Administration, Estate Planning, Library.
Tags: Estate Administration, Estate Planning
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Posted by: Susan Green
An important issue in New Jersey probate litigation for the past two decades has been whether or not guardians can undertake Medicaid planning on behalf of their wards. Since 1995, many Courts in New Jersey have begun to permit guardians to transfer assets in order to expedite his or her ward’s eligibility for Medicaid benefits. For several years, no statute or regulation existed to authorize this planning, nor was there any written opinion from the Appellate Division or state Supreme Court to provide direction to the Superior Courts. Fortunately, New Jersey courts have rendered decisions over the past few years, [...]
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Filed under Medicaid Planning, Medicaid Planning.
Tags: Medicaid Planning
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Posted by: Thomas D. Begley, Jr.
1. INTRODUCTION Statistics show that approximately 60 percent of the population age 65 or over will require some form of long-term care. Some will be there for relatively short periods of time. These are usually stroke victims who are doing rehabilitation. A significant percentage will remain in a nursing home for an extended period of time. These are usually Alzheimer’s or Parkinson’s patients. A statistic widely quoted is that the average stay in a nursing home is 2.9 years. This statistic is somewhat misleading, because the persons receiving rehabilitation are often discharged in six months or less. The long-term patients [...]
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Filed under Medicaid Applications.
Tags: Medicaid Applications
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Posted by: Susan Green
Historically, New Jersey residents have had to prepare for three primary death taxes in the administration of estates: the federal estate tax, the New Jersey inheritance tax, and the New Jersey estate tax. Currently, a federal estate tax is imposed on estates valued in excess of $5,120,000. The rate of taxation is 35%. If Congress does not act within the year, this exemption will drop to $1,000,000 in 2013. Further, the tax rate will increase to 55%. New Jersey has two taxes. First, there is the inheritance tax, which is imposed on certain beneficiaries and paid by those beneficiaries. Immediate [...]
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Filed under Estate Planning, Estate Planning.
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Posted by: Begley Law Group
Three Begley Law Group attorneys were chosen for South Jersey Magazine’s Awesome Attorneys this month. For more information here is the link to the full press release.
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Filed under News.
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Posted by: Begley Law Group
In an interview with Catherine Laughlin in the Moorestown Patch, The Begley Law Group’s Tom Begley, Jr. talks about his legal career, the award-winning law firm his father founded and why he’s passionate about helping people who are vulnerable. Read the entire story in the Moorestown Patch: http://moorestown.patch.com/articles/legal-eagles-award-winning-firm-protects-interests-of-the-vulnerable.
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Filed under News.
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Posted by: Begley Law Group
Each drug plan must have an appeals process. Expedited requests are available. Stages of Review 1. Coverage Determination A coverage determination is issued by the drug plan. It may be requested by a beneficiary, the beneficiary’s appointed representative, or a prescribing physician. The drug plan must issue a coverage determination as expeditiously as enrollee’s health requires, but no later than 72 hours (for a standard request, including when the beneficiary already paid for the drug) or 24 hours (if expedited because the standard time frame would jeopardize the life or health of the beneficiary or the beneficiary’s ability to regain [...]
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Filed under Special Needs Trusts.
Tags: elder law new jersey, new jersey elder law, new jersey elder law attorney, new jersey estate planning, new jersey estate planning attorney, new jersey estate planning lawyer, nj elder, nj estate planning, nj estate planning attorney
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Posted by: Begley Law Group
An applicant can appeal a VA decision if he or she was awarded only partial benefits or if the claim was denied. Levels of Appeal 1. Regional Office Appeal Once the regional VA office issues a determination, in the form of an award letter, the application can request reconsideration of the decision. The claimant should provide the VA with any other relevant evidence. For example, if the VA did not deduct unreimbursed medical expenses, such medical expenses can be submitted with a request for reconsideration. If this request for reconsideration is unsuccessful, the application can request an evidentiary hearing at [...]
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Filed under Veterans Benefits.
Tags: elder law new jersey, new jersey elder law, new jersey elder law attorney, new jersey estate planning, new jersey estate planning attorney, new jersey estate planning lawyer, nj elder, nj estate planning, nj estate planning attorney
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