Jane M. Fearn-Zimmer is a shareholder at Flaster Greenberg PC where she dedicates her practice to serving clients in the areas of elder and disability law, special needs planning, asset protection, tax and estate planning and estate administration.
Known for her dedication to helping others, Jane helps families find the best long-term care and a way to pay for that care, often using public benefits. She guides families of the elderly and disabled through the nursing home admissions process and through the maze of qualifying for public benefits programs to fund long-term care, such as Medicaid and Veteran’s Benefits. She also assists the elderly and the disabled and their loved ones in tax and estate and asset protection, as well as assisting and representing clients at Medicaid Fair Hearings.
Jane has helped countless families deal with disability related issues using general durable powers of attorney, health care powers of attorney, guardianships, special needs trusts, and Medicare set aside arrangements where appropriate. She also brings an exceptionally broad perspective to her work due to her strong litigation background. She was a former federal judicial clerk to the Honorable John S. Unpingo, Chief Judge of the District Court of Guam, where she served on the Civil and Criminal Justice Reform Act Committees for the District of Guam.
Most recently, Ms. Fearn-Zimmer was honored by the New Jersey Law Journal with the Top Women in the Law 2018 award for her involvement in a Medicaid Caregiver Child Exemption case that helped change the Medicaid Policy in New Jersey. Jane is one of only 20 attorneys selected to the prestigious list, which honors female lawyers who have influenced the law and legal profession in exceptional ways over the last two years. Earlier this year, Jane obtained a landmark Medicaid Final Agency Decision for her client’s family after a three-year long dispute with the New Jersey Division of Medical Assistance & Health Services and the Burlington County Board of Social Services, resulting in a reversed Medicaid penalty in the amount of $179,000 for her client based on the exemption for a transfer to a caregiver child. Without Jane’s persistence, tenacity and compassionate approach to this case, her elderly client’s continued care by the doctors, nurses and home health aides working in the nursing home who together succeeded in stabilizing her, would have been interrupted, putting her health and well-being at risk. Additionally, her son would have had to face a choice of losing the family home or possibly filing for bankruptcy.
Jane’s case is a significant breakthrough in the law, because since approximately 2015, the State of New Jersey frequently denied caregiver child applications on the basis of a child’s ability to work while providing care for the parent.
Jane is recognized as a leader in the area of using Medicaid compliant annuities. She filed three federal district court lawsuits against the State of New Jersey on behalf of clients who used Medicaid compliant annuities in order to allow clients to obtain Medicaid eligibility to assist in covering their long term care costs. Each of the three cases involved the purchase of an immediate annuity pursuant to applicable Medicaid law in order to achieve Medicaid eligibility. In each case, the State of New Jersey denied Medicaid benefits. Carlini v. Velez (U.S. Dist. Ct. D.N.J., Civ. No. 12-07290, June 4, 2013); Roccia v. Velez (U.S. Dist. Ct. D.N.J., Civ. No. 12-07346, June 6, 2013); Flamini v. Velez, (U.S. Dist. Ct. D.N.J., Civ. No. 12-07304, July 19, 2013). In each of these cases, a federal court ordered the State of New Jersey to approve the annuity and to process the Medicaid application.
A frequent author and lecturer, Jane speaks and writes on a variety of tax, special needs planning, Medicaid planning, guardianship and estate planning topics to a broad range of groups, including Clear Law Institute, the National Business Institute, the New Jersey State Bar Association, the Burlington County Bar Association, and the Gloucester County Legal Education Association, and more. She also maintains an Elder & Disability Law Blog, which is designed to help caregivers find real-world solutions, offer support and provide practical strategies. Additionally, she serves as the Editor of The Elder Law Report, Including Special Needs Planning, a national newsletter, through which she updates attorneys regarding new developments in elder law and special needs planning.
Jane is an active member of the New Jersey State Bar Association, the New Jersey Chapter of the National Academy of Elder Law Attorneys, and the Burlington County Bar Association and is presently serving as the Chair of the New Jersey State Bar Association Elder and Disability Law section.
Jane has been admitted to the New Jersey Bar since 1996, and previously practiced civil litigation in New Jersey
Representative Matters
Ms. Fearn-Zimmer is recognized as a leader in the area of using Medicaid compliant annuities. She filed three federal district court lawsuits against the State of New Jersey on behalf of clients who used Medicaid compliant annuities in order to allow clients to obtain Medicaid eligibility to assist in covering their long term care costs. Each of the three cases involved the purchase of an immediate annuity pursuant to applicable Medicaid law in order to achieve Medicaid eligibility. In each case, the State of New Jersey denied Medicaid benefits.
- Obtained a landmark Medicaid Final Agency Decision for her elderly, ailing client and her family after a three-year long dispute with the New Jersey Division of Medical Assistance & Health Services and the Burlington County Board of Social Services. Click here to read the case study.
- In Roccia v. Velez (U.S. Dist. Ct. D.N.J., Civ. No. 12-07346, June 6, 2013), the client was a single individual who purchased an immediate annuity for $40,000 in order to achieve Medicaid eligibility for nursing home care. In order to have some additional funds set aside to cover ancillary nursing home costs not covered by Medicaid, an immediate annuity was purchased. Pursuant to a federal court order, the client’s Medicaid application was approved.
- In Carlini v. Velez (U.S. Dist. Ct. D.N.J., Civ. No. 12-07290, June 4, 2013), the client resided in a skilled nursing facility. His wife purchased an immediate annuity in the sum of approximately $300,000 from spousal assets which otherwise would have had to be used to pay her husband’s nursing home bills. The wife needed additional funds to allow her to pay her own monthly assisted living bill of approximately $5,000 per month. Without the annuity, both spouses would have been paying over $14,000 per month for long-term care. The annuity purchase allowed her to remain in an assisted living setting. Pursuant to a federal court order, the client’s Medicaid application was approved.
- In Flamini v. Velez, (U.S. Dist. Ct. D.N.J., Civ. No. 12-07304, July 19, 2013), the husband purchased an immediate annuity in the amount of $200,000 from his IRA proceeds, which otherwise would have had to be used to pay for his wife’s skilled nursing care. The IRA funds represented the man’s life savings intended to support himself and his wife in retirement. A federal court ordered the State of New Jersey to approve the annuity and to process the Medicaid application for his wife.
Honors & Awards
- Named an Awesome Attorney, Nursing Home Law, South Jersey Magazine, 2020
- Top Attorney - Elder Law, SJ Magazine, 2019
- Top Women in the Law Award recipient, New Jersey Law Journal, 2018
- Named an Awesome Attorney, Estate Planning/Asset Protection Law, South Jersey Magazine, 2017
- Best Attorney Award for Tax Dispute Resolution, South Jersey Biz magazine, 2015
- Attorney of the Month, Pro Bono Award, South Jersey Legal Services, 2014
- Awesome Attorney, Estate Planning, South Jersey Magazine, 2013
- Market Council Award, PriceWaterhouseCoopers, LLP, 2009
- Graduate Tax Award, Temple University Beasley School of Law, 2004
Professional Affiliations
- New Jersey State Bar Association (NJSBA)
- Former Chair, Elder & Disability Law Section, 2018 – 2020
- Chair, Elder & Disability Law Section, 2017 - 2018
- Vice-Chair, Elder & Disability Law Section, 2016 – 2017
- Secretary, Elder & Disability Law Section, 2015 – 2016
- Legislative Coordinator, Elder & Disability Law Section, 2014
- Member, Elder & Disability Law Section, 2005 – 2007 & 2013 - Present
- Burlington County Bar Association
- Member, 2012 – Present
- Hunterdon County Bar Association
- Member, 2017 – Present
- Gloucester County Bar Association
- Member, 2017 – Present
- National Academy of Elder Law Attorneys
- Member, 2010, 2011, 2013, 2014, 2015, 2016 & 2017
- Estate and Planning Council of Southern New Jersey
- Member, 2010 – 2017
- New Jersey Chapter of the National Association of Women Owned Businesses
- Member 2010 – 2016
- Gloucester County Legal Education Association
- Member, 2017
Community Activities
- American Cancer Society
- Member, South Jersey Market Advisory Board, 2016 – Present
News
- Press Release(December 15, 2020)
- (September 11, 2020)
- Press Release(October 2, 2018)
- Press Release(August 16, 2018)
- Press Release(July 31, 2018)
- Press Release(March 22, 2018)
- Press Release(March 22, 2018)
- FG Expands Business & Corporate Department with the Addition of Elder Law Attorney Jane Fearn-ZimmerPress Release(February 16, 2018)
Events
- IRAs in Estate Planning: Trusts as BeneficiariesMercer County Estate Planning Council(October 7, 2020)
- National Business Institute(October 2, 2020)
- NJICLE, NJSBA Disability Law Section(July 30, 2020)
- National Business Institute(July 22, 2020)
- When and How to Use Special Needs Trusts and ABLE AccountsNational Business Institute(June 3, 2020)
- National Business Institute(December 19, 2019)
- National Business Institute(December 10, 2019)
- National Business Institute(November 12, 2019)
- Building Bridges Special Needs Parents Group, Stratford United Methodist Church(May 28, 2019)
- Mount Laurel Library(May 21, 2019)
- Artis Assisted Living(April 24, 2019)
- NJ NAELA(April 10, 2019)
- National Business Institute(December 18, 2018)
- Medicaid Estate Recovery and Ethics in Elder Law and Estate Planning - Wilmington, DENational Business Institute(December 17, 2018)
- National Business Institute(December 14, 2018)
- Medicaid Estate Recovery and Ethics in Elder Law and Estate Planning - Dover, DENational Business Institute(December 14, 2018)
- The Impact of the Tax Cuts and Jobs Act of 2017 On the Elderly, Disabled and Family Law Clients in NJNJCPA(December 7, 2018)
- ABLE Act and Special Needs Planning Update(December 6, 2018)
- National Business Institute(November 7, 2018)
- Ethics in Elder Law and Estate PlanningHunterdon County Bar Association(November 6, 2018)
- Gloucester County Legal Education Association(November 3, 2018)
- (September 13, 2018)
- National Business Institute(August 17, 2018)
- National Business Institute(August 15, 2018)
- NJICLE(August 10, 2018)
- Understanding Social Security & SSI Benefits and Special Needs Trusts2018 NJSBA Annual Meeting and Convention(May 16, 2018)
- NJ State Bar Association(May 16, 2018)
- National Business Institute(May 4, 2018)
- National Business Institute(May 3, 2018)
- National Business Institute(April 30, 2018)
- NJSBA & Disability Law Section in cooperation with the New Jersey Institute for Continuing Legal Education(April 26, 2018)
- Hunterdon County Bar Association(March 12, 2018)
- NJICLE, NJSBA Elder Law & Disability Law Section(March 7, 2018)
- USCIS(February 6, 2018)
Articles & Alerts
- Legal Zoom(August 12, 2020)
- Legal ALert(December 18, 2019)
- Blog Post(November 11, 2019)
- Blog Post(November 8, 2019)
- (July 1, 2019)
- (June 10, 2019)
- The Legal Intelligencer(March 14, 2019)
- Blog Post(February 15, 2019)
- Blog Post(February 1, 2019)
- New Jersey Law Journal(November 2, 2018)
- The ElderLaw Report, Inlcuding Special Needs Planning(November 2018)
- Blog Post(September 18, 2018)
- Blog Post(September 18, 2018)
- Blog Post(September 7, 2018)
- Flaster Greenberg Law Blog(June 27, 2018)
- Blog Post(June 12, 2018)
- FG Law Blog(April 24, 2018)
- FG Law Blog(April 17, 2018)
- The ElderLaw Report - Including Special Needs Planning(April 2018)
- FG Law Blog(April 4, 2018)
- FG Law Blog(March 30, 2018)
- FG Law Blog(March 26, 2018)
- The ElderLaw Report - Including Special Needs Planning(March 2018)
- Estate & Financial Planning Council of Southern New Jersey(December 2014)
- New Jersey Law Journal(August 3, 2007)
Practice Areas
Recent Blog Posts
Elder & Disability Law Blog
Admissions
- New Jersey
Education
- Temple University Beasley School of Law, LL.M.
- Rutgers University School of Law, J.D., with honors
- Chestnut Hill College, B.A., English, cum laude