Elder law and disability practice is fraught with procedural complexities and intricate document details. Our experienced faculty will tackle the toughest aspects of Medicaid and SSD/SSI law to enhance your ability to ensure your clients receive the benefits they need. This invaluable guide takes a multi-disciplinary approach to examine how various benefits interact and affect the financial stability of the recipient. Gain practical tips for Medicaid and Medicare hearings and appeals and find out how the courts have been shaping the practice. Order today!

1. Complex Issues in Medicaid
2. Overcoming Challenges in Medicaid Planning
3. Social Security Disability and Supplemental Security Income
4. Ethical Considerations
5. Interplay of Government Benefits and Injury Settlements

Complex Issues in Medicaid
9:00 - 10:15, David C. Ruyle

• Dealing with DRA While Handling Complex Issues in Medicaid
• Medicaid Premiums and Cost-Sharing Rule
• Hearing Strategies
• Appeals
• When a Client's Need for Long-Term Care Increases
• Estate Recovery and Undue Hardship Waivers

  Overcoming Challenges in Medicaid Planning
10:30 - 11:45, David C. Ruyle

• Hearing Strategies
• Exceptions and Appeals

  Social Security Disability and Supplemental Security Income
12:45 - 2:00, Lucy Payne

• State and Federal Regulatory and Case Law Update
• Res Judicata and Re-Opening Old Applications
• Dating the Injury
• Determining and Proving Degree of Functional Capacity
• Maximizing Vocational Testimony in Direct and Cross-Examination
• The Effect of SSD/SSI Back Benefits Receipt on Medicaid Eligibility
• POMS (Programs Operations Manual System)
• SSI Appeals
• SSD Appeals
• Special Considerations for Widows and Disabled Adult Children
• When the Client Fails to Follow Prescribed Medical Treatment
• How Divorce Affects Public Benefits

  Ethical Considerations
2:15 - 3:15, Lucy Payne

• Clients with Diminished Mental Capacity
• Conflicts of Interest When Working with Couples
• Confidentiality
• Managing Family Conflicts
• Disclosure of Evidence Unfavorable to Your Client  

Interplay of Government Benefits and Injury Settlements
3:15 - 4:30, Susan K. Tomita

• Medicare Secondary Payer Act
• Medicare Set-Asides
• Who Gets Paid First: Workers' Comp or Social Security Attorney?
• Structuring Benefits Distributions Not to Interfere with any Other Cash Inflow
• Special Needs Trusts (Forms, Administration, Closing)
• Income Only Trusts (Forms, Administration, Closing)
• Preventing and Fixing Transfers without Fair Consideration

LUCY PAYNE is an attorney in the office of General Counsel at the New Mexico Department of Workforce Solutions, where she practices in the areas of employment, unemployment insurance and administrative law. Ms. Payne holds a master's degrees in education from Loma Linda University and information and library studies from the University of Michigan. She received her J.D. degree from Notre Dame Law School, where she taught legal research, writing and lawyering skills for 14 years. Ms. Payne also taught foreign trained lawyers in the Law School's L.L.M. Program in London. She is admitted to practice in the states of Indiana, Michigan and New Mexico, the U.S. District Courts for Indiana and Michigan, and the 7th Circuit Court of Appeals. She is a member of the American Bar Association Advisory Panel, the State Bar of New Mexico, the State Bar of Michigan and the Albuquerque Bar Association.

SUSAN K. TOMITA is a sole practitioner in Albuquerque, New Mexico, where she practices in the areas of estate planning and elder law. She earned her B.A. degree from Stanford University and her J.D. degree, magna cum laude, from the University of Santa Clara Law School. Ms. Tomita is admitted to practice in New Mexico and California. She is a former chairperson of the Elder Law Section of the State Bar of New Mexico, served on the Board of Directors of the Alzheimer's Association and Friends in Time (serving persons with multiple sclerosis and Lou Gehrig's disease), and served on the State Bar of New Mexico's Committee on the Delivery of Legal Services to Persons with Disabilities. Ms. Tomita is a member of the State Bar of New Mexico (Real Property, Probate and Trust Section), the New Mexico Estate Planning Council, the Special Needs Alliance and the National Academy of Elder Law Attorneys. She co-wrote the Handbook for Guardians and Conservators: "A Practical Guide to New Mexico Law and Alternatives to Guardianships and Conservatorships," both published by the New Mexico Attorney General's Office. Ms. Tomita is listed in The Best Lawyers in America.

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