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Reducing a Medicaid Lien

There are three ways to reduce a Medicaid lien.  These strategies can be used separately or in combination. Procurement Costs. Under New Jersey law,[1][SJR1] where a Medicaid recipient settles a case against a third party, the Medicaid lien can be reduced by attorneys’ fees and costs and expenses.  Many lawyers simply ask for and receive…

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When do I Need a Self-Settled Special Needs Trust?

In the settlement of litigation, the plaintiff is often receiving public benefits.  The question then arises as to whether a special needs trust is required.  There are certain types of public benefits that are means-tested.  Others are not.  Generally, means-tested public benefits require that the individual have assets of less than $2,000 and have certain…

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When is a Self-Settled Special Needs Trust Inappropriate?

Self-Settled Special Needs Trusts are often use when a person with disabilities receives a personal injury settlement, an inheritance, equitable distribution, alimony or child support.  However, in many instances a Self-Settled Special Needs Trust is not appropriate.  A disability lawyer must make an analysis on the onset to make this determination. Some of the reasons…

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Biological Father Entitled to Half of Assets in Deceased Daughter’s Special Needs Trust

Jennifer Rogiers was born on September 30, 1983, severely handicapped as a result of a cervical cord injury doctors inflicted upon her at birth.  Her mother, Rosa Rogiers, filed a malpractice claim and recovered $2.6 million, which was placed in a special needs trust for Jennifer’s benefit.  On September 2, 2005, Jennifer died intestate and…

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