in need of an attorney who has sued the new jersey medicaid department

Can an elder law attorney help with Medicaid?

Obtaining necessary records can become burdensome and cause delays, especially on behalf of an incapacitated applicant. An attorney can also help with the Medicaid application process.

What is an elder law attorney in New Jersey?

An experienced New Jersey elder law attorney advises regarding Medicaid planning, prepares applications, and, if necessary, files an appeal. It is important that families consult with an attorney as soon as the potential, future need for Medicaid assistance is known. This ideally occurs during the estate and asset planning process, years prior to filing a Medicaid application. An attorney should also be consulted prior to transferring assets or taking title to property.

Lawsuits and Settlements for People with Disabilities

When pursuing a personal injury, medical malpractice, or worker compensation claim, special considerations arise if you or a family member has serious disabilities such as developmental disabilities, autism, intellectual disabilities, cerebral palsy, Down syndrome, multiple sclerosis, mental illness, traumatic brain injury, ALS, etc.

Special Needs Trust

A poorly planned settlement can cause you to lose public assistance like Medicaid, Supplemental Security Income (SSI), and group home or other housing funded by New Jersey Department of Human Services Division of Developmental Disabilities (DDD).

Medicare Set-Aside

When resolving a personal injury, medical malpractice or worker compensation claim a person who receives Medicare or reasonably should expect to receive it soon (Medicare Participant) has legal obligations to Medicare.

Medicaid, Medicare and ERISA Liens

Medicaid, Medicare and ERISA-governed health insurance plans sometimes pay for a plaintiff’s health care costs arising from an accident. If the plaintiff is ultimately compensated for those costs, then the payer (Medicaid, Medicare or the health plan) may demand repayment, and assert a lien on the settlement.

Medicaid Spend-down

If you are receiving a small settlement, then creating a complex SNT may not be economical. However, you still have options to use the settlement in a way that won’t disqualify you from benefits.

Can a lawyer help with Medicaid?

If necessary, an experienced Medicaid/Medicare lawyer can also take your case to court and litigate on your behalf.

What is Avvo rating?

The Avvo Rating is our effort to evaluate a lawyer’s background based on information they have included on their profile, in addition to information we collect from public sources like state bar associations and lawyer websites.

Who is Inna Fershteyn?

The Law Office of Inna Fershteyn and Associates, P.C. is a leading Trust and Estate and Elder Care Planning law firm in the greater New York and New Jersey area...

Can you negotiate with Medicaid?

You may be able to negotiate with Medicaid, but it may also be that there is a lien against your dad's estte, and when he passes, if there are any assets, its gets paid out of the estate.

What happens if your mother is not the owner of the policy?

If your mother is not the owner of the policy then it is not her asset so you do not disclose the ownership of that asset. It is outside the five year look back period.

Is a term policy an asset?

If it is a term policy, it has no cash surrender value is not counted as an asset. However, you will have to continue to pay any premiums required, as your husband will not be able to make those payments.