By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Medicaid Application and Eligibility Attorney As I’ve often written in my blogs New Jersey’s unofficial Medicaid philosophy is delay, frustrate and deny. Most denial are vague, unclear and wrong but few people know what to do. A recent case outside New Jersey slammed the State and overruled their denial because the stated reasons for the denial were unconstitutional. Let’s take a look at this case. Background of the Case The state medical agency mailed the plaintiffs notice of its determination that the plaintiff had countable assets exceeding the federal and state mandated limits for Medicaid eligibility. This denial notice was representative of the …
New Jersey Federal Court Upholds Legal Challenge to Appeal of Medicaid Denial (Part III of III)
By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County New Jersey Appeal of Medicaid Denial Attorney In Part I and II of this series, I discussed a case law in New Jersey that addressed a challenge to the postponement of a penalty period of ineligibility by the New Jersey Department of Human Services. The Federal Court noted as an initial point, the applicant had resources over $2,000 making her ineligible for Medicaid benefits. The applicant argued that she was eligible for Medicaid benefits in March through June of the calendar year when she initially applied for benefits. Because she was not deemed eligible for Medicaid benefits until months after filing her application, her penalty period did not begin to …
New Jersey Federal Court Upholds Legal Challenge to Appeal of Medicaid Denial (Part II of III)
By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County New Jersey Appeal of Medicaid Denial Attorney In Part I of this blog, I discussed a case law in New Jersey that addressed a challenge to the postponement of a penalty period of ineligibility by the New Jersey Department of Human Services. When does a penalty begin when a transfer of assets, property and/or money is made by a Medicaid applicant? In the case of a transfer of assets, the start of the penalty date is the first day of a month during or after which assets have been transferred for less than fair market value, or the date on which the individual is eligible for medical assistance and would …
New Jersey Federal Court Upholds Legal Challenge to Appeal of Medicaid Denial (Part I of III)
By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County New Jersey Appeal of Medicaid Denial Attorney A case law in New Jersey addressed a challenge to the postponement of a penalty period of ineligibility by the Commissioner of the New Jersey Department of Human Services. The plaintiff in this case was a woman over the age of sixty five who resided in a nursing home. Over several years, she made gifts to various family members in $12,000.00 increments. The amount of these gifts totaled $192,000. Then she applied for Medicaid benefits. The County Board of Social Services informed Plaintiff that a penalty period of 30 months from the date of Medicaid eligibility would have otherwise been available due to …
A Disorganized Paper Trail Often Results in a Denial of NJ Medicaid
By Fredrick P. Niemann, Esq. a NJ Applying for Medicaid Attorney In New Jersey, Medicaid applications are getting tougher to get approved these days. The State has created a new application form that requires more detail and information. Many families call us to handle their Medicaid application. Often I advise clients that we have to work quickly. For starters, we have to review and produce 5 years of financial records for Medicaid under its 5 year look back period. You should never wait until the State asks for the documentation because they typically will give you just 10 days to produce it under the threat of a denial for lack of documentation. If Medicaid were to deny our application 5 …