What Happens If Your Income Is Too High;...

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney Sometimes people ask me whether they can qualify for Medicaid even though they have fairly significant income.   Most are surprised when I tell them the answer is “Yes”, or “Maybe”. There is a program in New Jersey called the Medically Needy Medicaid Program which extends Medicaid Program benefits to certain groups of medically needed persons whose income and/or resources exceed that of the standards for the Medicaid Program but whose income and resources are insufficient to...

Caregiver Suing for Back Wages: The Dang...

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney I was recently presented with this fact pattern to address. A client’s mother’s caregiver was a wonderful person to her and became like family during the six years she worked for the family. By mutual consent, the family paid her cash and didn’t report it. Now, six months after the mom’s death, the caregiver’s lawyer has been in contact and says she is entitled to more than was paid, and she’s demanding back wages. What should be done? Last year the U.S. Department of Labor...

Fraudulent Transfers, Gifts, and N.J. Me...

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney One of the biggest impediments towards getting Medicaid to pay for the nursing home care of a loved one is gifting money to family members that could have otherwise been used to pay the nursing home.  Your County Board of Social Services will not allow you to receive Medicaid for a period of time if you simply give away your property for nothing in return.  If your loved one is in a nursing home or assisted living residence, the nursing home is still looking for their money to...

Gifting the Community Spouse Resource Al...

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney One of the biggest problems in getting Medicaid to pay for the nursing home costs of a loved one is gifting money and property to family members that could have otherwise been used to pay for long term care costs.  Your County Board of Social Services will not approve Medicaid for a period of time if your property is simply given away with nothing in return.  But what about money for the spouse who does not go into the nursing home, referred to as the “community spouse?”  Can...

Beware of Medicaid Application Advisors:...

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney I just read a New Jersey ethics opinion today that I would like to share with you.  Applying for Medicaid can be a time-consuming and frustrating process. Many clients want to find somebody affordable to guide them through the process.  I get it and agree with that approach. But what ends up happening is that some people hire so-called “Medicaid application advisors” that are often times no less costly than a lawyer, and they rely on them to take care of everything to qualify...

What Kinds of Documents Can Medicaid Dem...

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney One of our clients who is applying for Medicaid benefits was recently asked to provide credit reports to the Board of Social Services.  This was certainly an unusual request, given that we usually provide statements from whatever financial institution the client has an account with to the Board.  We also knew that it would present a hardship for our client to try and obtain these credit reports.  So the question we were presented is what documents and information is a County...