A Delaware court rules that the state properly denied a Medicaid application for excess income because nothing in federal law prohibits a state from taking into account the income of an incapacitated nursing home resident when determining Medicaid eligibility. Genesis Healthcare v. The Delaware Department of Health and Social Services (Del. Super. Ct., No. N17A-11-001…

The daughter of a New Jersey nursing home resident successfully defended against a lawsuit by the nursing home alleging that she was liable for her father’s care, according to an article on NJ.com. When Tracey Mitchell admitted her father to a nursing home, according to the article, she signed the admissions agreement, which contained a…

Reversing a lower court, an Indiana appeals court rules that an attorney who failed to sign a client’s will as a witness was not entitled to summary judgment in a legal malpractice claim by the client’s wife because the wife did not need to probate the will in order to prove damages. Davey v. Boston…

Under new Department of Labor regulations that took effect April 2, workers filing for private disability benefits should have a more transparent and fairer appeals process. Many employers provide short- and long-term disability insurance for their employees as an important part of their benefits packages. When an employee becomes disabled, disability insurance policies will typically pay…

In an underreported case involving police violence, the state of California has agreed to pay nearly $1 million to a man with schizophrenia.  The money will be placed in a special needs trust (SNT) to enhance the man’s quality of life while preserving his eligibility for public benefits. On December 10, 2012, Jeffrey Jurgens was…

Arizona and Florida are the latest states to request a waiver from the requirement that states provide three months of retroactive Medicaid coverage to eligible Medicaid recipients. Medicaid law allows a Medicaid applicant to be eligible for benefits for up to three months before the month of the application if the applicant met eligibility requirements…

Medicare is mandated to cover your home health benefits with no limit on the time you are covered. Unfortunately, few Medicare beneficiaries get the level of service they are entitled to, and many find their services cut off prematurely. Getting these benefits can be critically important as Medicare home health care benefits can mean the…

New rules have been put in place to protect seniors with brokerage accounts from financial scams that could drain the accounts before anyone notices. As the population ages, elder financial abuse is a mounting problem. Vulnerable seniors can become victims of scammers who convince them to empty their investment accounts. According to the Financial Industry Regulatory Authority…

Figuring out how much to save for retirement and when you can safely stop working can be difficult. A growing number of online retirement calculators, many of them free, are available to help. Although these calculators may yield vastly different results, they can still be useful tools. Based on information about you and your finances,…

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