Resource Must Be Excluded if Applicant is Making Reasonable Effort to Sell

By Jill Roamer, JD, CIPP/US on Jul 7, 2022 8:24:00 AM

Resource Must Be Excluded if Applicant is Making Reasonable Effort to Sell

Many states, in their state Medicaid rules, have an exception for counting an asset for Medicaid-eligibility considerations if the applicant is trying to sell the property. Ohio, however, was not one of those states. But, in a recent case out of the First Appellate District of Ohio, the court ruled that the state must adhere to the Social Security eligibility rules on the topic and allow for a reasonable-efforts exclusion.

In this case, Diana entered into a care facility and applied for Medicaid benefits several months thereafter. Her application was denied due to the value of a piece of real property that Diana had on the market for the prior year. Diana appealed her Medicaid denial and the state department affirmed the denial. Diana again appealed and the trial court upheld the denial. Again, Diana appealed; the appeals court ruled in her favor.

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Emotion Distress is Not a Viable Cause of Action for Victims of Discrimination

By Jill Roamer, JD, CIPP/US on Jul 3, 2022 10:54:00 AM

Emotion Distress is Not a Viable Cause of Action for Victims of Discrimination-small

If an individual sues an entity for violations of the Rehabilitation Act of 1973 and the Affordable Care Act, what kinds of damages can be recovered? The Supreme Court of the United States recently addressed this issue, and their ruling has disability advocates up in arms.

Topics: legal news
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Top Client Estate Planning Goals for 2022

By WealthCounsel Staff on Jul 1, 2022 10:00:00 AM

Top Client Estate Planning Goals 2022

As an estate planner, you should always be attuned to your clients’ goals, especially when estate and gift tax laws change. WealthCounsel conducted a survey with the help of Trusts & Estates magazine and Informa Engage of more than 500 estate planning professionals to gain insight into estate planning trends. The survey results revealed several popular goals for 2022, relating to large lifetime gifts, the upcoming sunset of the Tax Cuts and Jobs Act of 2017, and the deceased spousal unused exclusion (DSUE) amount. Read on to learn about clients’ estate planning goals.

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