Daniel G Fish

May 15, 2015 | New York Law Journal

In his Elder Law column, Daniel G. Fish writes: Despite the specialized legal knowledge needed to give proper counsel, many for-profit entities of non-lawyers in New York openly advertise that they can give advice on Medicaid planning.

By Daniel G. Fish

6 minute read

May 14, 2015 | New York Law Journal

In his Elder Law column, Daniel G. Fish writes: Despite the specialized legal knowledge needed to give proper counsel, many for-profit entities of non-lawyers in New York openly advertise that they can give advice on Medicaid planning.

By Daniel G. Fish

6 minute read

February 20, 2015 | New York Law Journal

In his Elder Law column, Daniel G. Fish writes that although victims of fraudulent lottery schemes are often given little sympathy out of a feeling that someone who fails to recognize the obviousness of the scam and cooperates with the perpetrators deserves the misfortune of losing their savings, there is now medical research suggesting that this condition is not a weakness of character but has an organic basis in damage to a specific portion of the brain.

By Daniel G. Fish

6 minute read

February 19, 2015 | New York Law Journal

In his Elder Law column, Daniel G. Fish writes that although victims of fraudulent lottery schemes are often given little sympathy out of a feeling that someone who fails to recognize the obviousness of the scam and cooperates with the perpetrators deserves the misfortune of losing their savings, there is now medical research suggesting that this condition is not a weakness of character but has an organic basis in damage to a specific portion of the brain.

By Daniel G. Fish

6 minute read

November 18, 2014 | New York Law Journal

In his Elder Law column, Daniel G. Fish discusses "spousal impoverishment protection" and "pooled income trust," the two methods of calculating the treatment of income for a married Medicaid applicant who is seeking home care.

By Daniel G. Fish

7 minute read

August 15, 2014 | New York Law Journal

In his Elder Law column, Daniel G. Fish writes that many practitioners had dismissed as a mirage the undue hardship exception, under which Medicaid assistance will be available to a nursing home resident despite the transfer of funds within the five-year look back period. A recent decision should lead to a reexamination of the situations in which the exception is applicable.

By Daniel G. Fish

6 minute read

May 16, 2014 | New York Law Journal

In his Elder Law column, Daniel G. Fish writes that reverse mortgages are advertised as a financing tool that allows seniors to remain at home for their lifetime. But once borrowers died, their surviving spouses were unexpectedly facing foreclosure. A new letter will reduce that risk in the future.

By Daniel G. Fish

6 minute read

February 21, 2014 | New York Law Journal

In his Elder Law column, Daniel G. Fish, a principal in Daniel G. Fish LLC, writes: It is important to take steps to secure quality care for the vulnerable residents of New York's more than 600 nursing homes. The enactment of a statute allowing authorized electronic monitoring, which is currently left up to the individual facility, would provide some protection.

By Daniel G. Fish

6 minute read

November 27, 2013 | New York Law Journal

In his Elder Law column, Daniel G. Fish, a principal in Daniel G. Fish LLC, writes: The observation status issue is one that affects enormous numbers of Medicare beneficiaries and has very large negative consequences to them. At the same time it has been an issue that has remained hidden from view, a trap for the unwary.

By Daniel G. Fish

7 minute read

August 17, 2012 | New York Law Journal

In his Elder Law column, Daniel G. Fish, a principal in Daniel G. Fish LLC, writes that people who are paying privately for long-term care at home frequently overlook the valuable income tax deduction for unreimbursed medical expenses.

By Daniel G. Fish

8 minute read