Sea Girt, NJ
Elder law Lawyer at Sea Girt, NJ
Practice Areas: Elder Law, Estate Planning ... +6 more
OUTCOME: pending
New Jersey Supreme Court cases currently pending to determine whether or not the definition of child includes a self-settled special needs trust established for the sole benefit of the disabled child. ... John presented argument before the Supreme Court on February 4, 2014, on behalf of the National Academy of Elder Law Attorneys
OUTCOME: successful. statewide impact
Statewide impact. Benefits all applicants for long-term care Medicaid services. Increases the penalty divisor that the state of New Jersey uses in calculating transfer of asset penalties for Medicaid ... eligibility. Mandates that the state use a divisor figure based upon a survey of actual nursing home costs.
OUTCOME: remand to district court for further proceedings
decision of the United States Court of Appeals for the Third Circuit, holding that a bona fide, negotiable promissory note cannot be treated as a trust-like device
OUTCOME: permanent injunction against New Jersey
cutting edge elder law case. For over two years, the state of New Jersey treated people in assisted living residence and at home who applied for Medicaid benefits differently than people in nursing ho ... mes. For instance, if an applicant for Medicaid benefits were in a nursing home and gifted $300 to a family member during the five year lookback period, he would be ineligible for Medicaid for 1 day. However, under New Jersey's theory, if the same person livinge in an assisted living residence or at home and transferred $300, he would be ineligible for Medicaid for five years. I changed that through this case and had a federal judge enter a permanent injunction against the state compelling the State to treat people in assisted living residence and at home similarly to people in nursing homes.
OUTCOME: preliminary injunction entered against state
cutting edge case in federal court in which the court enjoined the state of New Jersey from failing to recognize a provision of the federal Medicaid Act that permits outright transfers of assets to bli ... nd or disabled children
OUTCOME: federal action permitting to proceed
a federal judge ruled that a case against the state of New Jersey can proceed under section 1983. while the decision deals mainly with procedural aspects of the case, the decision is very important fo ... r this case and many future cases that may be filed in federal court, as this ruling essentially paves the way to federal litigation of Medicaid issues in New Jersey