Kenneth Vercammen, Esq is Chair of the ABA Elder Law Committee and presents seminars to attorneys and the public on Wills, Probate and other legal topics related to Estate Planning and Elder law. Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications. He was awarded the NJ State State Bar Municipal Court Practitioner of the Year. He was a speaker at the 2012 ABA Annual Meeting attended by 10,000 attorneys and professionals.

Kenneth Vercammen & Associates, P.C.

2053 Woodbridge Avenue - Edison, NJ 08817
(732) 572-0500
http://www.njlaws.com/

Friday, April 10, 2015

Wills & Power of Attorney Seminar Piscataway Seniors May 7 (piscataway nj)



Wills & Power of Attorney Seminar Piscataway Seniors May 7 (piscataway nj)

Wills & Power of Attorney Seminar
Piscataway Seniors
May 7 at 7 pm
John F. Kennedy Library, 500 Hoes Ln, Piscataway Township, NJ 08854

SPEAKER: Kenneth Vercammen, Esq. Edison, NJ
(Author- Answers to Questions About Probate)

The new NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
Main Topics:
1. The New Probate Law and preparation of Wills
2. 2014 changes in Federal Estate and Gift Tax
3. NJ Inheritance taxes on estates over $675,000
4. Power of Attorney
5. Living Will
6. Administering the Estate/ Probate/Surrogate
7. Questions and Answer

COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.

Can't attend? We can email you materials Send email to VercammenLaw@Njlaws.com

Free Will Seminars and Speakers Bureau for Groups
10 years ago the AARP Network Attorneys of the Edison/Metuchen/Woodbridge area several years ago established a community Speakers Bureau to provide educational programs to AARP and senior clubs, Unions and Middlesex County companies. Now, volunteer attorneys of the Middlesex County Estate Planning Council have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar. The following Seminars are now available:

Details on the 2 programs currently offered:
1. WILLS & ESTATE ADMINISTRATION- PROTECT YOUR FAMILY AND MAKE PLANNING EASY

2. POWER OF ATTORNEY to permit family to pay your bills if you are temporarily disabled and permit doctors to talk with family

All instructors are licensed attorneys who have been in practice at least 25 years. All instructors are members of the American Bar Association, New Jersey State Bar Association, and Middlesex County Bar Association. All programs include free written materials.

You don't have to be wealthy or near death to do some thinking about a Will. Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of state law.

Topics discussed include: Who needs a Will?; What if you die without a Will (intestacy)?; Mechanics of a Will; Selecting an executor, trustee, and guardian; Proper Will execution; Inheritance Taxes, Estate Taxes "Living Will"; Powers of Attorney; $13,000 annual gift tax exclusion, Bequests to charity, Why you need a "Self-Proving" Will and Estate Administration/ Probate.

Sample materials: Hand-outs on Wills, Living Wills/Medical Advance Directive, Power of Attorney, Probate and Administration of an Estate, Real Estate, Working with your Attorney, Consumers Guide to New Jersey Laws, and Senior Citizen Rights.

SPEAKERS BUREAU
At the request of senior citizen groups, unions, and Middlesex County companies and organizations, the " Speakers Bureau " is a service designed to educate citizens about how laws affect their lives and how the judicial system operates. We have attorneys available to speak to businesspersons, educational, civic and social organizations on a wide range of topics during business hours.

HELP YOUR MEMBERS LEARN THE LAW, PREVENT OR AVOID LEGAL PROBLEMS
Chances are many of your members have been in a situation where they could have benefited from legal advice. Have you ever been in an accident? Has a motor vehicle or criminal complaint ever been filed against you or a member of your family? Many individuals face these and other types of problems. Often people do not protect their rights, only to later face lengthy license suspensions or even jail for failure to resolve legal problems early on. That's why Legal Rights Seminars are offered.
This means your members can get advice and possibly prevent legal problems before they occur. Most importantly, they can have peace of mind.

Americans need an attorney when legal problems strike. As in the case of medical services, early treatment can prevent catastrophe and its attendant cost in time and money. For example, psychological studies have demonstrated that there is a direct correlation between legal problems and lost work time and productivity. Employees' work performance often has a direct relationship to personal legal problems. Therefore, the sooner a solution can be found for the employees' problems, the sooner employees can focus on their work.

In today's complex world, few people can function successfully and safely without competent legal advice. In order to insure your estate plans are legally set up, you need to know exactly where you stand so that you can avoid possibly catastrophic mistakes impacting both you and your family. 

For additional information on the Legal Seminars, contact our Coordinator, Kenneth Vercammen's law office at (732) 572-0500 Send email to VercammenLaw@Njlaws.com or fax 732-572-0030.

Tuesday, April 07, 2015

Wills & Power of Attorney Seminar North Brunswick Seniors April 27

Wills & Power of Attorney Seminar
  North Brunswick Seniors
April 27 at 12:30
North Brunswick Senior Center, 15 Linwood Place, North Brunswick, NJ   08902

SPEAKER: Kenneth Vercammen, Esq. Edison, NJ
                (Author- Answers to Questions About Probate)

     The new NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
Main Topics:
1. The New Probate Law and preparation of Wills    
2. 2014 changes in Federal Estate and Gift Tax 
3. NJ Inheritance taxes on estates over $675,000
4. Power of Attorney               
5.  Living Will                                  
6.  Administering the Estate/ Probate/Surrogate    
7. Questions and Answer          

      COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.

Can’t attend?  We can email you materials Send email to VercammenLaw@Njlaws.com



Free Will Seminars and Speakers Bureau for Groups
         10 years ago the AARP Network Attorneys of the Edison/Metuchen/Woodbridge area several years ago established a community Speakers Bureau to provide educational programs to AARP and senior clubs, Unions and Middlesex County companies. Now, volunteer attorneys of the Middlesex County Estate Planning Council have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar. The following Seminars are now available:

Details on the 2 programs currently offered:
1.  WILLS & ESTATE ADMINISTRATION- PROTECT YOUR FAMILY AND   MAKE PLANNING EASY

2. POWER OF ATTORNEY to permit family to pay your bills if you are temporarily disabled and permit doctors to talk with family

         All instructors are licensed attorneys who have been in practice at least 25 years. All instructors are members of the American Bar Association, New Jersey State Bar Association, and Middlesex County Bar Association.  All programs include free written materials.  
         You don't have to be wealthy or near death to do some thinking about a Will.  Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of state law.
         Topics discussed include: Who needs a Will?; What if you die without a Will (intestacy)?; Mechanics of a Will; Selecting an executor, trustee, and guardian; Proper Will execution; Inheritance Taxes, Estate Taxes "Living Will"; Powers of Attorney; $13,000 annual gift tax exclusion,  Bequests to charity, Why you need a "Self-Proving" Will and  Estate Administration/ Probate.
         Sample materials: Hand-outs on Wills, Living Wills/Medical Advance Directive, Power of Attorney, Probate and Administration of an Estate, Real Estate, Working with your Attorney, Consumers Guide to New Jersey Laws, and Senior Citizen Rights.

  SPEAKERS BUREAU
         At the request of senior citizen groups, unions, and Middlesex County companies and organizations, the " Speakers Bureau " is a service designed to educate citizens about how laws affect their lives and how the judicial system operates.  We have attorneys available to speak to businesspersons, educational, civic and social organizations on a wide range of topics during business hours.           

         HELP YOUR MEMBERS LEARN THE LAW, PREVENT OR AVOID LEGAL PROBLEMS
   Chances are many of your members have been in a situation where they could have benefited from legal advice.  Have you ever been in an accident? Has a motor vehicle or criminal complaint ever been filed against you or a member of your family? Many individuals face these and other types of problems. Often people do not protect their rights, only to later face lengthy license suspensions or even jail for failure to resolve legal problems early on.  That's why Legal Rights Seminars are offered. 
         This means your members can get advice and possibly prevent legal problems before they occur.   Most importantly, they can have peace of mind.
         Americans need an attorney when legal problems strike.  As in the case of medical services, early treatment can prevent catastrophe and its attendant cost in time and money.  For example, psychological studies have demonstrated that there is a direct correlation between legal problems and lost work time and productivity.  Employees' work performance often has a direct relationship to personal legal problems.  Therefore, the sooner a solution can be found for the employees' problems, the sooner employees can focus on their work.
         In today's complex world, few people can function successfully and safely without competent legal advice.  In order to insure your estate plans are legally set up, you need to know exactly where you stand so that you can avoid possibly catastrophic mistakes impacting both you and your family. For additional information on the Legal Seminars, contact our Coordinator, Kenneth Vercammen’s law office at (732) 572-0500, email VercammenLaw@njlaws.com or fax 732-572-0030.


Monday, March 23, 2015

Nuts & Bolts of Elder Law & Estate Administration Seminar 2015 April 20 5:00 PM- 9:00 PM NJ Law Center

Nuts & Bolts of Elder Law & Estate Administration Seminar  2015
 April 20  5:00 PM- 9:00 PM NJ Law Center
     Includes a 240 + page book, plus CD with sample forms, documents & checklists! and dinner
Speakers:
-KENNETH A. VERCAMMEN, ESQ. Co-Chair, ABA Estate Planning & Probate Committee, Past GP Solo Section Attorney of the Year
Past NJSBA Municipal Court Practitioner of the Year  Edison, NJ
-WILLIAM P. ISELE, ESQ. Past NJ Ombudsman for the Elderly
-MARTIN A. SPIGNER, ESQ. Law Office of Martin A. Spigner, Cranbury
-ADAM DUBECK, Esq.
$170.00 General   Tuition, reduced fee for NJSBA Elder & Disability Law Section and NJSBA Young Lawyers Division
 [Free for Superior Court Judges] Seminar # S159-00S5
NJSBA Member Price is reduced – To qualify for this reduced price, you must provide your NJSBA Member# at the time you place your order. If you place your order without providing your NJSBA Member#, you will be charged the regular price.
          More details contact New Jersey Institute for Continuing Legal Education 
The non-profit continuing education service of 
The New Jersey State Bar Association  Constitution Square, New Brunswick, New Jersey 08901-1520 
Phone: (732) 214-8500 • Fax: (732)249-0383 • CustomerService@njicle.com
         Elder law continues to offer the legal profession a booming opportunity for growth. As your current clients continue to grow older, you need to position yourself to be able to offer them and their families the legal services required by the elderly in today’s society. Or, you may be looking for lucrative areas in which to expand your current practice, including administering their estates.
This practical program is designed to provide the nuts and bolts of elder law practice & estate administration practice to general practitioners and young lawyers, as well as to more experienced lawyers seeking to expand into this field. A highly authoritative and experienced panel of elder law attorneys & estate planners will share proven techniques and experience it would take you years to gather on your own. You’ll also gain insight on how Federal Medicaid Reform will impact your practice.
Everything you need to know about elder law & estate administration including:

• Why Have a Will? - Gathering information; standard provisions; designation of fiduciaries; protective clauses; sample forms; Ethics - who is the client?

• Powers of Attorney - Types of POAs; what should be included; why clients need them; POAs and Living Wills; sample forms

• Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool - Why it should be used; Ethics - who is the client?; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms

• Basic Tax Considerations - Jointly-held property; “I love you” Will; no Will at all; insurance owned by client; unlimited marital deduction; estate planning in the testamentary document; sample forms/letters

• Estate Administration - New Probate Law in New Jersey - Probate process; duties of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists

• Medicaid Planning in Light of Federal Medicaid Reform - Countable assets of Medicaid applicant; income cap/Medical needy standard; look-back period; transfers of property; personal residence; Medicaid estate recovery rules; probate; undue influence; competency
…and more
        
         NJ CLE INFORMATION: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 4.6 hours of total CLE credit. Of these, 1.2 qualify as hours of credit for ethics/professionalism.

         Presented in cooperation with the NJSBA Elder & Disability Law Section and NJSBA Young Lawyers Division

Materials in 240 page Book provided to all attendees


1 New Client schedule appointment  
2 Confidential Will Questionnaire
3 Will bill
4 WILL DRAFT CO
5. Doctor Cert sign POA, will Dr
6 Thank you for Referral
7 POA DRAFT lt
8  AUTHORIZATION FOR RELEASE of Financial Records [NEW DOCUMENT FOR 2015]
9 Referral Out  Another Atty fax
10 No rep
11 Recommend Will to Cl
12 Post WILL
13 Client questionnaire end case
14 POA Grantor Now

ARTICLES
15 Wills article
16 POA Power of Attorney- article
17 LIVING WILLS article
18 Gay Lesbian No estate planning article
19 Letter of Instruction article
20 Remove Executor
21 Alzheimer, POA Guardianship
22 ANSWERS to Questions Probate
23 Estate Planning 10 Ideas
24 Executor Duties
25 Prenuptial Ag
26 Undue Influence article

OTHER FORMS & INFORMATION
27 Attorney- Client Confidentiality
28  Pick up Docs
29 Executor to Pay and Notify Creditors   REVISED
30 NJlaws website & articles
31 Trusts
32 Caveat to Will  
33 NJWillsProbateLaw.com
40 INTESTACY Article
41 If no Will article
42 Probate Release Refund Bond
43  Lincoln 17- no charge
44 Guardianship bill
45 RETAINER Probate  ESTATE
46 WILL - sign front notary
47 Confidentiality Lt to Client
48 Elective Share of Spouse
49 Will Signing
50   ABA Aging and Law Networking Call March 2014 Call Notes
51  WINTER 2014 Estate Planning Probate  Report Solo GP ABA
55 SPRING 2014 Estate Planning Probate  Report Solo GP ABA
56 Free Office Space for Attorney .doc
57 We need email address short

ADDED FOR 2015
Letter of Last Instruction form.doc
RETAINER contested Probate

Additional documents for CD

beni  w release & refunding copy.doc
Cl  w release refund bond copy.doc
Cm Probate_Disc_Rent
CM to switch replace Executor copy.doc
Comp- Remove Exec, account
Complaint Guardianship
Condolences, sympathy new Will
Estate Planning Ques
Guardianship Cert of Legal Fees
Guardianship Judgment
Guardianship Questionnaire
Inherit w L-9 L9
Inherit. Tax Bureau Filing Lt
Med Auth HIPAA no name
Mid Clerk w Deed
Mid Clerk w waiver
Probate Q-Inherit  Quest
Probate RETAINER   ESTATE copy.doc
Probate_cm-OR caveat admit Will
Release and Refunding Bond
Renunciation  Administrat
RENUNCIATION by Beni for Executor
RENUNCIATION by Executor
RETAINER contested Probate

01A Client w_Retainer notPI

Will not signed
Will- Estate Planning-  consult bill
Revocation of Previous Wills and Powers of Attorney
Resume Ken Vercammen

Will forms
1 H US-W & TR Will.doc
1 Wife-w_TR Will.doc

2 dad- Will.doc
2 mom-C  Will.doc
3 Man-Misc Will.doc
3 Woman -Misc Will.doc
4 HUSBAND-NO TR.doc
4 WIFE-NO TR .doc
5 Codicil
5 HUS-Uni. Credit Trust Will.doc
5 WIFE-Uni Credit Trust W.doc
6  Power of Attorney.doc
7 LIVING WILL LW  .doc
8 Child power of attorney.doc
99  If no children and no beni.doc


Sunday, March 15, 2015

Scammed against seniors including theft

Scammed against seniors including theft
Don't Be Scammed- Tips For Avoiding Theft By Deception
Chief Raymond J. Hayducka says, “Don’t Be Scammed”
Learn how to prevent Fraud and Identity Theft in Senior Citizens
The South Brunswick Police Department has noticed a recent trend in central New Jersey showing an increase in reported cases of fraud and identity theft targeting senior citizens. Source:http://www.sbtnj.net/index.asp?Type=B_BASIC&SEC=%7B40116E30-5118-45CD-B688-EBEAFA36E03C%7D&DE=%7B6ED6CE38-E500-4B19-A650-F220D541548F%7D

Read  these tips in an effort to arm and educate seniors with the knowledge and skills necessary to combat this trend.
Why are senior citizens being targeted?
• May be more likely to have a nest egg
• May have physical limitations
• May be less aware/alert to scams
• May be more trusting of strangers
• May be more willing to speak to strangers due to loneliness
• May be more polite to potential scammers
• Are less likely to report fraud than other age groups
• May no longer have their partner/confidant to talk to
• Are less likely to report fraud than other age groups
Identity Theft
• Occurs when someone uses your identity- your information- for fraudulent purposes
• How can people get your information?
o Mail theft
 Get your mail every day
 Consider a locking mailbox
 Bring outgoing mail to a drop box
o Trash
 Don’t throw out old or unwanted statements or documents
 Get a shredder and use it
 Don’t leave documents laying around your house
o Lost documents or wallet
 Don’t write down passwords, pin numbers, etc.

o Phishing
 Con artists try to get you to give out information
• May look legitimate. Always check.
• Ex: PayPal e-mails
o Never follow the links
• Ex: “Missed jury duty” phone calls
• Ex: “This is the bank calling…”
 Share phishing e-mails
• What else can you do?
o Consciously safeguard your information
o Check your credit report regularly- at least annually
Scams
• Scams are when people trick you into willingly handing over your money
• Some types of scams:
o Nigerian Letter or “419” fraud
 Share newspaper articles
 Caller/contact pretends to be government official who wants to illegally move money out of the country
 He needs outside contact to make it work
 Promises to share the money with you if you help
 If you send money to bribe officials, money will be sent directly to you
 The money doesn’t really exist
 This is a crime in Nigeria- criminal code 419- so Nigerian officials are not sympathetic or helpful
 Checks sent are further used to drain the victim’s account
o International Lottery Fraud
 Share newspaper articles
 Scam operators, usually in another country, tell you won a foreign lottery
 You need to send money to cover the fees before the money is released
 Create a sense of urgency- “This ends at midnight tonight…”
 They may send a check “To cover fees” but the check will not clear
 These lottery solicitations would violate federal law anyway
o Inheritance Scams
 Research specialist locates unclaimed money
 For a fee, they will tell you how to obtain it
o Pigeon Drop
 Share newspaper article
 Money found (dropped wallet) is offered to be split
 Victim must put up “good Faith” money

o The sob story
 “I need an operation…”
o Home improvement scams
 Travelling con artists
 Driveways and fences are most common
o Pyramid scams
 Most never pay out
o Public Utility Scams
 Share newspaper article
 Workers lure you from your home to look at utilities
 A partner cleans out the house
o Telemarketing fraud
 Donate money or buy something
 Some warning signs:
-  "You must act 'now' or the offer won't be good."
-  "You've won a 'free' gift, vacation, or prize." But you have to pay for "postage and handling" or other charges.
-  "You must send money, give a credit card or bank account number, or have a check picked up by courier." You may hear this before you have had a chance to consider the offer carefully.
-  "You don't need to check out the company with anyone." The callers say you do not need to speak to anyone including your family, lawyer, accountant, local Better Business Bureau, or consumer protection agency.
-  "You don't need any written information about their company or their references."
-  "You can't afford to miss this 'high-profit, no-risk' offer."
 Ask for information on a charity to be sent to you
 Wait for information on a product before you buy
 It’s never rude to take time to think about an offer
 If it’s too good to be true- it probably is

Crime prevention is everyone’s responsibility, and protecting your money and your identity should be a very high priority.
Be sure to always:
• Protect both your incoming mail as well as your discarded documents.
• Keep passwords and PIN numbers secret and don’t write them down.
• Be wary of anyone asking for your personal identifying information whether in person, on the phone, or on the internet.
• Check your credit report regularly.
• If it seems too good to be true, it probably is.
• Always remember that there are people out there who want to separate you from your money, and you must actively and continuously protect yourself from them.

Saturday, March 14, 2015

NEW JERSEY MEDICAID PROGRAM ELIGIBILITY

NEW JERSEY MEDICAID PROGRAM ELIGIBILITY
New Jersey Medicaid covers persons who are age 65 years or over and persons determined blind or disabled by the Social Security Administration or by the Division of Medical Assistance and Health Services. The individual must be a resident of New Jersey and a citizen of the United States or lawfully admitted for permanent residence.
COMMUNITY MEDICAID:
An individual is eligible for community Medicaid in New Jersey if his/her gross monthly income is equal to or less than $903 (the first $20 per month of income is excluded). Income includes, but is not limited to, Social Security income, veterans' benefits, pensions, annuities, interest, dividends, and payments from trust funds, and rental income from real property.
The current Medicaid resource maximum for an individual is $4,000. Countable resources include, but are not limited to, bank accounts, property other than principal residence, stocks, bonds, certificates of deposit, annuities, and cash surrender value of life insurance which exceeds $1,500 in face value.
Excludable resources include, but are not limited to, a home which serves as the individual's principal residence, life insurance which does not exceed $1,500 in face value, burial spaces, and burial funds not exceeding $1,500 (less excluded cash surrender value of life insurance and/or funds held in an irrevocable burial arrangement), one automobile to the extent that its current market value does not exceed $4,500, and one wedding and engagement ring.
INSTITUTIONAL MEDICAID:
In order to qualify for payment of institutional benefits, for example nursing facility care, under the Medicaid program in New Jersey, an applicant must meet not only the financial criteria, but also the medical necessity requirements. Each of these eligibility processes is complex and must be evaluated according to the applicant's individual circumstances. Considering these complexities, the general information which is being provided should only be used as a guideline.
The current Medicaid eligibility income standard for an institutionalized individual is $2,022 per month. If an individual's gross monthly income exceeds this Medicaid "cap," he or she is income ineligible for Medicaid. Income includes, but is not limited
Program eligibility – 4 page Revised 6/12/09
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Medicaid Eligibility Page 2
to, Social Security income, veterans' benefits, pensions, annuities, interest, dividends, payments from trust funds, and rental income from real property. Once eligibility is established, full Medicaid coverage is provided. However, the individual's income must be applied to offset the cost of nursing facility care.
There are two Medicaid resource eligibility standards depending on the individual's income. If an individual's gross monthly income is below $903 (the first $20 per month of income is excluded), the current Medicaid resource maximum is $4,000. If an individual's gross monthly income is between $903.01 and $2,022, the current resource maximum is $2,000. Countable resources include, but are not limited to, bank accounts, property other than principal residence, stocks, bonds, certificates of deposit, and cash surrender value of life insurance which exceeds $1,500 in face value.
Excludable resources include, but are not limited to, a home which serves as a principal residence of a spouse or other dependent relative (if a home is not occupied by a dependent relative and the period of institutionalization is expected to be six months or less, the home may also be excluded), life insurance which does not exceed $1,500 in face value, burial spaces, and burial funds not exceeding $1,500 (less excluded cash surrender value of life insurance and/or funds held in an irrevocable burial arrangement), one automobile to the extent that its current market value does not exceed $4,500, and one wedding and engagement ring.
The spousal impoverishment provisions of the Medicare Catastrophic Coverage Act of 1988, effective October 1, 1989, provide that, if the individual requiring institutional services is married, the total countable resources of both members of the couple are counted except for those resources which are protected for the community spouse. The amount of resources which may be protected for the community spouse is the greater of 1/2 of the couple's resources or $21,912, not to exceed $109,560. Once eligibility is established for the institutionalized individual, the community spouse's resources are no longer counted. For married individuals whose current period of institutionalization began before September 30, 1989, resources may not be set aside for the community spouse and eligibility will be determined for the institutionalized individual counting only those resources owned by him or her.
The spousal impoverishment provisions of the Medicare Catastrophic Coverage Act of 1988 also provide that a penalty period of ineligibility for only institutional services will be imposed on those individuals who have transferred any resources for less than fair market value prior to the date of application for Medicaid. The look back period for the establishment of a trust is 60 months preceding the date of application for Medicaid.
On February 8, 2006, the provisions of the Deficit Reduction Act of 2005 allowed the period of ineligibility for resource transfers to be determined by dividing the uncompensated value of the transferred resource, which is also, know as the penalty divisor. The monthly penalty divisor is $7,282. The daily penalty divisor is $239.41, which is used to calculate days of ineligibility. There is also a progressive look back period commencing February 2009. Additional months will be added to the look back period until February, 2011, when a full 60 month look back period will be in effect.
Medicaid Eligibility Page 3
In addition, the spousal impoverishment provisions of the Medicare Catastrophic Coverage Act of 1988 provide that a deduction may be made from an eligible institutionalized individual's income, prior to the application of income to the cost of care, for the maintenance of the community spouse. The basic community spouse deduction is $1,821.25 per month. However, it is reduced by the community spouse's gross income, both earned and unearned. If the community spouse's shelter expenses exceed $546.36 monthly, the community spouse’s maintenance deduction limit will be increased by the amount of the excess. The amount of income made available to the community spouse is limited by the income of the institutionalized spouse, not to exceed $2,022 per month, less a personal needs allowance of $35.
NEW JERSEY CARE...SPECIAL MEDICAID PROGRAMS - MEDICALLY NEEDY SEGMENT:
An individual seeking institutional Medicaid whose income exceeds the Medicaid "cap" of $2,022, may be eligible for limited Medicaid coverage through the Medically Needy component of New Jersey Care...Special Medicaid Programs. The resource standard for Medically Needy for an individual is $4,000.
The above regulations regarding resources and spousal impoverishment provisions of the Medicare Catastrophic Coverage Act of 1988 are equally applicable to the Medically Needy program.
SUPPLEMENTAL SECURITY INCOME (SSI):
The Supplemental Security Income (SSI) program, administered by the Social Security Administration, is a federal program that provides monthly payments to eligible individuals who are 65 years of age or over and persons determined blind or disabled by the Social Security Administration. In New Jersey, individuals determined to be eligible for SSI will also receive full Medicaid benefits.
An individual may be eligible for SSI in New Jersey if his/her gross monthly income is equal to or less than $705.25 or $1,036.36 for a couple (the first $20 per month of income is excluded). The current resource maximum for an individual is $2,000 and $3,000 for a couple.
For more information, please contact the Social Security Administration at 1-800-722- 1213.
WHERE TO APPLY:
The Board of Social Services in the county in which the individual resides is responsible for the determination of eligibility for Medicaid in New Jersey. Enclosed is a listing of the County Boards of Social Services for your convenience. Please contact the appropriate office for information concerning the application process.
For further information, you may contact the Office of Eligibility Policy, 5 Quakerbridge Plaza, PO Box 712, Trenton, New Jersey 08625. The telephone number is (609) 588- 2556.
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page4image1976
County Boards of Social Services
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Atlantic County Department of Family & Community Development
P.O. Box 869 - 1333 Atlantic Avenue Atlantic City, NJ 08401

(609) 348-3001
Middlesex County Welfare Agency P.O. Box 509
181 How Lane
New Brunswick, NJ 08903

(732) 745-3500
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Bergen County Welfare Agency 216 Route 17 North
17 Park Office Center, Bldg. A Rochelle Park, NJ 07662-3300

(201) 368-4200
Monmouth County Division of Social Services P.O. Box 3000 - Kozloski Road
Freehold, NJ 07728

(732) 431-6000
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Burlington County Welfare Agency Human Services Facility
795 Woodlane Road
Mount Holly, NJ 08060-3335

(609) 261-1000
Morris County Division of Employment and Temporary Assistance
Offices of Temporary Assistance Program Services 340 West Hanover (Morris Township)
Mailing: P.O. Box 900
Morristown, NJ 07963-0900 (973) 326-7800

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Camden County Welfare Agency
Aletha R. Wright Administration Building 600 Market Street
Camden, NJ 08102-8800

(856) 225-8800
Ocean County Welfare Agency
P.O. Box 547 - 1027 Hooper Avenue Toms River, NJ 08754-0547

(732) 349-1500
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Cape May County Welfare Agency Social Services Building
4005 Route 9 South
Rio Grande, NJ 08242-1911

(609) 886-6200
Passaic County Welfare Agency
80 Hamilton Street
Paterson, NJ 07505-2060 ........ (973) 881-0100

Pompton Lakes .......... (973) 839-5705 Passaic.................... (973) 470-5038 Paterson .................. (973) 881-2529
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Cumberland County Welfare Agency 275 North Delsea Dr.
Vineland, NJ 08360-3607

(856) 691-4600 Office of Aged/Disabled .............. (856) 453-8066
Salem County Welfare Agency 147 South Virginia Avenue Penns Grove, NJ 08069
(856) 299-7200
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Essex County Department of Citizen Services Division of Welfare
18 Rector Street – 9th floor Newark, NJ 07102
(973) 733-3000
Somerset County Welfare Agency P.O. Box 936 - 73 East High Street Somerville, NJ 08876-0936
(908) 526-8800
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Gloucester County Welfare Agency 400 Hollydell Drive
Sewell, NJ 08080-9198

(856) 582-9200
Sussex County Division of Social Services 18 Church Street, P.O. Box 218
Newton NJ 07860-0218

(973) 383-3600
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Hudson County Division of Social Services Department of Welfare
257 Cornelison Ave.
Jersey City, NJ 07305 ................. (201) 420-3000

Union County Division of Social Services 342 Westminster Avenue
Elizabeth, NJ 07208-3290

(908) 965-2700
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Hunterdon County Division of Social Services Community Services Center, 6 Gauntt Place Flemington, NJ 08822
Mailing: Hunterdon County Dept. of Human Services P.O. Box 2900

Flemington, NJ 08822
(908) 788-1300

Warren County Welfare Board Court House Annex
P.O. Box 3000 – 501 Second Street Belvidere, NJ 07823-3000

(908) 475-6301
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Mercer County Welfare Agency
200 Woolverton Street PO Box 1450 Trenton, NJ 08822-2900

(609)9894320
Revised 7/1/09