Understanding the Difference Between a Right of Use and Occupancy and a Life Estate in Medicaid Planning
A right to use and occupy gives the owner of real estate (generally a primary residence) the right to use and occupy the property, …
Appealing Medicaid Denial and Involuntary Discharge Because of Immigration Status
Recently, we were advised that a client of ours was a lawful permanent resident, and had resided in the US continuously since 1985. The …
A County Cannot Impose as a Condition of Approval That You Be Accepted by a Nursing Home or Assisted Living Residence
A person with a disability is entitled under N.J.S.A. 10:71-1.2 to choose the least restrictive environment to live. An individual who qualifies, medically, for …
Planning for The Resumption of Normal State Medicaid – Part 1 of a 3 Part Blog
The outbreak of the COVID-19 pandemic led the Secretary of the Health and Human Services (HHS) to declare a Public Health Emergency (PHE). To …
How to Appeal a Medicaid Lien Filed by the State of NJ
As part of the Medicaid program, federal law dictates that a State Medicaid plan is required to seek “adjustment or recovery from the individual’s …
Guidelines on Preparing and Presenting a Medicaid Fair Hearing at the NJ Office of Administrative Law
A Medicaid Fair Hearing is a legal challenge to a decision by a County Board of Social Services (CBOSS) concerning any issue related to …
Allowable Funeral Expenses – What Estate Expenses Can I Pay as Executor?
When a loved one dies, is nine or ten thousand dollars to pay for a funeral enough? Planning a funeral is the last thing …
Do You Know That You Can Demand Discovery from the County and State if You Appeal a Denial of Medicaid Eligibility?
Legal Argument Required to Demand Discovery A motion for discovery in a fair hearing appeal is properly made under N.J.A.C. 1:1-12.1-12.7. A motion for …
The Importance of Discovery in a Fair Hearing Appeal Under NJ Medicaid Law
We represent a petitioner before the Office of Administrative Law. She was denied Medicaid. After filing our appeal, we served discovery demands upon the …
A Spouse Can Waive Inheritance Rights to Their Spouse’s Estate and It’s Enforceable Against NJ Medicaid
New Jersey law entitles a surviving spouse to receive an elective share of one-third of his/her deceased spouse’s estate. N.J.S.A. 313:8-1-11. A “surviving spouse …
A Dead Man’s Estate Can Appeal Denial of Medicaid Long Term Care Benefits
Federal and NJ laws and regulations allow an applicant to appeal denial of Medicaid nursing home and assisted living benefits. A fair hearing appeal …
Spousal Refusal; A Powerful Weapon to Obtain Medicaid Long-Term Care Approval
Married couples are required to provide five (5) years worth of financial information to obtain approval for Medicaid when long term care is necessary. …
You Can Beat a County Board of Social Services When They Deny Your Medicaid Application
When an application for Medicaid long-term care is denied, you have a statutory right to appeal. Beating a Denial of Medicaid Long Term Care …
Uncharted Waters: Medicaid Appeals During the COVI-19 Outbreak
New Jersey’s Division of Medical Assistance issued a notice on April 23, 2020, invoking a federal law which lets it delay the processing of …
Medicaid Denials During the COVID-19 Outbreak
New Jersey’s division of medical assistance has shifted its office’s focus to processing new Medicaid applications right now. That is good if you need …
If New Jersey Does Not Give You Clear Reasons Why They Denied Your Medicaid Application, Then Appeal… and Win
Denial of Medicaid eligibility for long term care can be successfully appealed The state in its notice of denial must give you the statutory …
If the County Medicaid Office Fails to Give You Clear Response Why They Denied Your Medicaid Application, You Can Appeal… And Win
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Medicaid Application and Eligibility Attorney As I’ve …
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 …
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 …
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 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. …