Top Rated Elder Law Attorney in Wall Township, NJ

Honors and Awards:

• Awarded to the top 7% of Wealth Managers in the state of New Jersey, Five Star Wealth Manager, 2013
• Awarded to the top 7% of wealth managers in the state of New Jersey, Five Star Wealth Manager, 2011
• The Distinguished Service Award is given to members of the bar in recognition and appreciation for outstanding advocacy and service to New Jersey's seniors, those with disabilities, and the legal profession, Distinguished Service Award, New Jersey Bar Association, Elder and Disability Law Section, 2011
• Most Outstanding Member, National Academy of Elder Law Attorneys (NJ Chapter), 2010

Special Licenses/Certifications:

• recertified as a Certified Elder Law Attorney by the National Elder Law Foundation, as approved by the American Bar Association, 2010
• Certified Elder Law Attorney, as certified by the National Elder Law Foundation, as approved by the American Bar Association, 2005

Bar/Professional Activity:

• Chair, Elder and Disability Law Section of the New Jersey State Bar Association, 2013
• Roundtable Coordinator, New Jersey Bar Association, Elder and Disability Law Section, 2009
• member, Council of Advanced Practitioners of the National Academy of Elder Law Attorneys
• admitted before the United States Third Circuit Court of Appeals
• admitted to practice before the Federal District Court of New Jersey
• member, National Academy of Elder Law Attorneys
• New Jersey State Bar Association, Elder Law Section, Member
• Pennsylvania
• New Jersey

Pro bono/Community Service:

• Board Member of the Monmouth County Mental Health Association, 2009

Scholarly Lectures and Writings:

• Panel Member on a discussion about litigating Medicaid claims in Federal Court, Speaker, Elder Law Retreat, New Jersey Institute Of Legal Education, 2010
• Litigating a Medicaid case before the Office of Administrative Law, Elder Law Retreat, New Jersey Institute Of Continuing Legal Education, 2009
• Discussion of recent trends in Medicaid planning, Elder Law Symposium, New Jersey Institute Of Continuing Legal Education, 2009
• Panel Member discussing the use of promissory notes as a Medicaid planning technique, National Academy of Elder Law Attorneys Annual Meeting, National Academy Of Elder Law Attorneys, 2009
• Courier Newspaper, Weekly Columnist
• Encyclopedia of Retirement and Finance, Auspices of the Institute of Socio-Financial Studies, Contributing Author
• Teaches classes for the New Jersey Institute of Continuing Legal Education and the National Academy of Elder Law Attorneys

Verdicts and Settlements:

• LaFevere v. Velez.  Federal district court lawsuit that resulted in the state of New Jersey revising the statewide divsior number used to calculate penalty periods for institutional level Medicaid benefits when an applicant has made an uncompenstated asset transfer during the lookback period. This case has statewide impact and has resulted in the State, for the first time, using a divisor figure that accurately reflects the cost of care in the state of New Jersey, as required by federal law. , 2013
• Sable v. Velez. A decision of the United States Court of Appeals for the Third Circuit holding that a bona fide, negotiable promissory note cannot, as a matter of law, be analyzed as a trust-like device and that the purpose for which the lender entered the promissory note transaction is irrelevant to the laws governing the Medicaid program. This is a groundbreaking decision that permits a common Medicaid planning technique to proceed, not only in New Jersey but in Pennsylvania and Delaware, all of which are under the authority of the Third Circuit, 2010
• Frugard v. Velez. federal district court case before Chief Judge Garrett Brown concerning the Medicaid Act's transfer of asset rules in the context of Medicaid waiver programs (programs that pay for care at home or in an assisted living residence, as opposed to care in a nursing home). The state of New Jersey enacted a policy that resulted in a transfer of any sum of money within the five year lookback period resulting in a period of ineligibility for a Medicaid waiver program of five years. I initiated suit to compel the state to assess a penalty period against waiver applicants who made transfers of assets during the lockback period, which would permit an applicant to transfer assets within the lookback period and suffer a proportionate penalty period. Result: permanent injunction against the state on summary judgment compelling the state to impose penalty periods for asset transfers that are proportionate to the amount of money transferred, 2009
• Sorber v. Velez. Federal lawsuit against the state of New Jersey. The state refused to honor a provision of the Medicaid Act that permits outright transfers of assets to disabled children to be exempted from the transfer of asset pently provisions of the Medicaid Act. Result. Preliminary Injunction which precipitated settlement resulting in a change of policy in favor of the elderly and disabled., 2009

Educational Background:

• Rutgers School of Law--Camden; JD with Honors, 1993
• Rutgers University, B.A. Psychology, 1990