366 Kinderkamack Road
Westwood, New Jersey 07675
610 East Palisade Avenue
Englewood Cliffs, New Jersey 07632
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White Plains, New York 10601
Phone: (201) 569-2533 Fax: (201) 569-2554

Dear Clients & Friends-

Given the rapidly evolving Covid-19 scenarios, it is important to us for you to know we are closely following the recommendations of the CDC, WHO, State of New Jersey, State of New York and other healthcare entities to minimize the risk of transmission and protect the health, safety and well-being of our employees, clients and visitors.

This is a priority to us.

An equal and concurrent priority is our ability to continue to successfully address your legal and business matters. If and when it becomes necessary to work remotely, we are immediately prepared to seamlessly serve you with the same vigor and effectiveness we have always demonstrated.

Regardless of how current events unfold, we are and will continue to be completely and immediately available to you, whether by phone, email or otherwise, exemplifying the type of prompt, zealous and courteous representation you should expect from all legal counsel.

As always, if we can assist you in any way, please let me know directly.

Stay safe and be well.

Geoffrey D. Mueller


Veteran's Benefits Not "Income" for Medicaid Purposes - Galetta v. Velez, 13-532 (D.N.J.)

In a dramatic reversal of New Jersey's "just because" testing for Medicaid eligibility, District Court Judge Robert Kugler upended the State's long-standing policy of insisting that VA pension benefits count as income. Instead, Judge Kugler wrote that the State's position is entirely unsupported by authority of any kind whatsoever. Rather, the test should be whether the VA pension benefits are based on unreimbursed medical expenses (which is nearly always the case). Generally, those who qualify for VA pension benefits only do so after they have long term care expenses that approach or exceed their income. Without these liabilities, the Medicaid applicant would not qualify at all. As such, the Court ruled, these VA benefits should not be countable as to Medicaid eligibility.

Decision on reconsideration after the jump...