Recent Social Security Administration (SSA) rules have the potential to impact the validity and administration of special needs trusts. This article addresses important implications of paying for third party travel and paying third parties for goods and services with the funds of a special needs trust. Background When OBRA ’93 was enacted, it created the […]
Firm News
Working with trustees and beneficiaries who find themselves in changed circumstances can present very difficult roadblocks in the administration of a trust. It is tempting (and justified) to bemoan the fact that Colorado has yet to put a decanting statute into place. With some creative problem solving, though, it may be possible to achieve the […]
It appears that Medicare Advantage Organizations (MAOs) and Prescription Drug Plans (PDPs), Medicare Part C and Part D private carriers, also come into the fold as entities that parties will have to deal with regarding Medicare secondary payment subrogation rights as these private carriers begin seeking reimbursement for payments made for services in which Medicare […]
It appears that Medicare Advantage Organizations (MAOs) and Prescription Drug Plans (PDPs), Medicare Part C and Part D private carriers, also come into the fold as entities that parties will have to deal with regarding Medicare secondary payment subrogation rights as these private carriers begin seeking reimbursement for payments made for services in which Medicare […]
A recent New Jersey Supreme Court decision is illustrative of the issues involved when a parent is attempting to modify or eliminate child support payment for a disabled adult child. The specific question presented to the court was whether the creation of a Special Needs Trust for an adult disabled child may be used […]
A recent case from Louisiana illustrates the high expectations that the personal injury attorney must live up to when advising clients regarding settlements. In the recent case of Jones v. ABC Ins. Co., 2013 WL 6504323 (La.App. 5 Cir. Dec. 12. 2013), Plaintiff, individually and on behalf of her minor daughter, filed a legal malpractice […]
On June 12, 2013, the United States District Court for the District of New Jersey published Taransky v. Sebelius (No. 12-4437, Slip Op. D. NJ. June 13, 2013) finding that the court lacked subject matter jurisdiction because Ms. Taransky failed to exhaust her options for administrative appeal. However, the court found that despite state trial […]
Bradley J Frigon is the current President Elect of the National Academy of Elder Law Attorneys. In May of 2014 he will assume the position of President and serve in that capacity for one year. The National Academy of Elder Law Attorneys is the premier professional organization for attorneys who specialize in Elder Law and […]
