Marinaro Joins NAELA Board, Continues as Co-Chair of Federal Policy Group

Lauren Marinaro has been selected for a two year term as National Board Member for the National Academy of Elder Law Attorneys (NAELA) for 2020-2022.  NAELA  is a national membership organization for attorneys that keeps its members informed and up-to-date on fast-breaking changes in the law — legislation, agency rules and court decisions — that would affect seniors and people with disabilities.  Lauren’s  excited to work with the board on the issues that affect the practice of elder law and our clients.  She will continue her work as NAELA Federal Policy co-Chair.  So much has happened and continues to happen on the policy front as the two political parties bring their contrasting ideas to the world of public benefits–block grants, 1115 waivers, changes to Social Security rules, and ABLE accounts just to name a few.  By taking what we learn from our clients back to our national organization, she will have the opportunity to help bring about meaningful and helpful changes in the programs our clients rely upon.

Federal and state programs that .particularly impact people who are aged or disabled include Social Security, SSI, Medicaid, Medicare, public housing, HUD, food stamps (SNAP). Then there are the programs that govern insurance products, reverse mortgages, predatory lending, state and local tax exemptions, and landlord-tenant issues. The list goes on and on. The NAELA public policy committee looks at all of these issues on an ongoing basis, and Lauren is playing an active role with that process.

for advice and representation on elder law issues, call us at ……….. 732-382-6070

Top ten reasons to hire a lawyer for a Medicaid application

The Medicaid program for long-term care was created by Congress decades ago and is administered by the States and their myriad separate counties. Did you know that there are at least 11 bodies of law that interpret this  byzantine program? From top to bottom we have the Federal Medicaid statutes (42 USC 1396); the Social Security statutes pertaining to the SSI program (42 USC 1382); SSI regulations (20 CFR 416); SSI POMS interpretive rulings; CMS’ State Medicaid Manual and updated  interpretive documents that have the authority of regulations; NJ Medicaid statutes;  NJ state Medicaid regulations (NJAC 10:71 and 10:70); federal case law; NJ case law; NJ administrative Initial Decisions and  Final Agency Decisions (FAD’s); and the NJ Division of Medical Assistance and Health Services (DMAHS) periodic communications (MedComs). Then there are the overlays such as the Due process clause of the  federal and state constitutions, and other laws that provide protections to elders such as the nursing home reform act… when I teach elder law to lawyers, I remind them that they need to be familiar with all of this. So here are the top ten reasons:

1st  Lawyers are trained to understand and creatively interpret the law for benefit of their client;

2nd Your lawyer is subject to state ethical requirements through the Rules of Professional Conduct.

3rd  Your lawyer has a duty of exclusive loyalty to your interests and must avoid conflicts of interest which could harm your interests..

3rd Your lawyer has a duty to zealously represent your interests.

4th Your lawyer has a duty to diligently represent your interests

5th Your lawyer has a duty to preserve your confidences.

6th Your lawyer will advise you when a health care facility or nursing home  is violating its obligations or overstepping its legal rights.

7th Your elder care lawyer will tell you how you can preserve your family assets by applying the Medicaid law to your best advantage

8th  Applying for Medicaid involves a complex legal transaction with a high rate of denials, and it’s not just a matter of assembling a pile of documents and sending them to the county board of social services.

9th Your lawyer can identify and help solve the legal problems that arose before you stepped in to help your parent with Alzheimers or other dementias.

10th  If your lawyer breaches their duty to you, you actually have recourse and remedies.

We’ve been representing clients in Medicaid applications and appeals for twenty years … call for appointment 732-382-6070