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Assisted Living

23 Jun

Posted at 06:45h in Assisted Living, Medicaid Application, Michael Cohen Dallas Elder Lawyer, Veterans

On June 3, 2014, The U.S. District Court for the District of New Jersey has enjoined the state from counting any Veterans Administration (VA) improved pension income in determining Medicaid eligibility of an applicant for Medicaid. In this case, the Medicaid applicant was about to...

23 Mar

Posted at 07:12h in Assisted Living, Disability Benefits, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home

Although most first think only of “means-tested” (assets and income) eligibility for various Medicaid programs, one of the other requirements is a “medical necessity”.  The standard for nursing home Medicaid, Community Based Alternative (a Medicaid program which provides personal care services at home and in...

27 Dec

Posted at 09:42h in Assisted Living, Divorce, Michael Cohen Dallas Elder Lawyer, Nursing Home, Trusts, Veterans

Veterans who served during wartime (not dishonorably discharged), or the surviving spouse of the wartime veteran, will be getting a slight increase (considered a pension) to be used for care at home, assisted living facilities or in a nursing home from the Department of Veterans...

24 Aug

Posted at 10:59h in Assisted Living, Disability Benefits, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Special Needs, Special Needs Trust, Veterans

Proposed legislation (the Veterans Pension Protection Act) has been revised to penalize military veterans (or their surviving spouse) if they should dispose of their resources (that could have been used for their maintenance) within three (3) years of applying for VA pension benefits (benefits most...

01 Jul

Posted at 19:18h in Assisted Living, Beneficiary, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home

Governor Perry has just signed a law (to be effective as of September 1, 2013) that allows Medicaid applicants to sell their life insurance policies to life settlement companies and not jeopardize Medicaid benefits provided certain conditions are met. Medicaid is a jointly run state and...

24 Jun

Posted at 19:15h in Assisted Living, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Social Security, Trusts, Veterans

Two weeks ago the U.S. Senate Committee on Veterans’ Affairs held a hearing on Senate Bill 748 which (like its predecessor - Senate Bill 3270) attacks planning for Veterans Aid & Attendance benefits (which are benefits often received by veterans who served during wartime or...

01 Mar

Posted at 21:38h in Alzheimer’s, Assisted Living, Disability Benefits, Medicaid Application, Michael Cohen Dallas Elder Lawyer, Mortgage, Nursing Home

Often disability occurs suddenly at a time when people have limited cash resources to pay for care costs. So, even if the person might be eligible for public benefits, it often takes many months or longer for eligibility to be granted. Caregivers often do not...

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