Wednesday, January 04, 2017

Jury Duty Fine Telephone Scam

West Virginians beware of a call saying you owe a fine for failing to appear for jury duty, and threatening jail if you don't pay by money order. Such scam has recently been reported in the Huntington area.

Any government agency, state or federal, is unlikely to ever deliver any information about fines or fees by telephone. If you ever receive a call from a government agency you can ask for the information to be sent to you by mail. Caller ID is easily faked, so don't rely on that as credible.

When seniors tell other seniors about scams they have heard about it helps everyone in the community to recognize scams more readily and avoid them. If you tell two friends, and they tell two friends, etc.

For more information about the jury duty scam check out this article from WCHS Channel 8 http://wchstv.com/news/local/old-phone-scam-is-using-a-new-twist.

Tuesday, December 27, 2016

WVSLA opposes racism and seeks to serve WV seniors of color

In response to recent statements published on social media by the senior services provider in Clay County, WV, the Board of Directors and staff of West Virginia Senior Legal Aid wishes to reiterate our commitment to serving senior West Virginians of color and reaffirm that we do not condone racism in any form. Using the law to promote equality is an essential part of our mission and any examples and/or perceptions of discrimination on the basis of race in our state deserve our focused attention.

Given that the Older Americans Act, by law, targets its services to those in the greatest economic or social need, with particular attention to low-income minorities, rural residents and those with limited English proficiency, it is imperative that ALL providers within the network offer and provide services without actual or the perception of, discrimination. We do not and will not support any action in the senior services network that is inspired by racism or that sends the message that seniors of color are not welcome and deserving of all the services our network has to offer. Our message is that West Virginia Senior Legal Aid seeks to reach out to and serve with excellence the legal needs of our state’s seniors of color. Our doors are especially open to seniors whose rights have been violated, and we promise to zealously advocate for the individual rights of every senior West Virginian of color who seeks our services. You are important to us.

We welcome your input about how we can do a better job reaching out to and serving seniors of color in our state. We seek to partner with anti-racist groups around the state to enhance our capacity and learn how to deliver the best possible services to minority seniors.

As we enter a new year, the Board of Directors and staff of West Virginia Senior Legal Aid wish to assure ALL West Virginia Seniors that we are here to serve you, regardless of your race, gender, religion, sexual orientation, socio-economic, educational or disability status AND we uphold your right to receive services from other senior service providers without prejudice.

Monday, December 12, 2016

Price of US national parks lifetime Senior Pass may go up dramatically, get yours now

If you are at least 62 years old you can get a Senior Pass (formerly the Golden Age Pass) "A $10.00 lifetime pass that provides access to more than 2,000 recreation sites managed by five Federal agencies, with up to 100% of the proceeds being used to improve and enhance visitor recreation services," according to the US Geological Survey where you can purchase the pass.

But Congress has passed H.R. 4680: National Park Service Centennial Act (track it here www.govtrack.us/congress/bills/114/hr4680) and the senate passed a companion bill on December 10 which changes the price of the lifetime pass to track with the America the Beautiful Pass which is currently $80. The legislation is likely to be signed quickly by the President and the price increase may take effect immediately.

You can purchase the Senior Pass online (for $20 which includes the $10 pass price and a $10 online processing fee), by mail (also $20), or in person ($10) at locations listed here (scroll way down for locations in WV) https://store.usgs.gov/pass/PassIssuanceList.pdf. For more information and links to purchase go to this USGS page https://store.usgs.gov/pass/senior.html.

Friday, December 02, 2016

Medicare A&B Premiums, Deductibles, Copays 2017

The premium for Medicare Part B is calculated by outpatient utilization figures from the year before. Because beneficiaries used the services more than anticipated in 2015 the Part B premium for 2017 will increase will increase for most beneficiaries to $134.00.

Medicare A & B Premiums, Deductibles, Copays 2017

Part A (hospital) Beneficiary pays:
Hospital Deductible $1,316/benefit period
Hospital Copay $329/day for days 61-90
$658/day for days 91-150
Skilled Nursing Facil Copay $164.50/day for days 21-100
Part A Premium $413/month for those with fewer than 30 quarters of Medicare-covered employment
$227/month for those with 30-39 quarters of Medicare-covered employment
Part B (doctor, outpatient services, etc.) Beneficiary pays:
Annual Deductible $187.50
Part B Premium for those with incomes below $85,000 or $170,000 married couple $109/month – for those beneficiaries enrolled in Medicare prior to 2016, whose premium is taken out of their monthly Social Security benefit
Most covered Part B services 20%

Social Security amounts for 2017

Social Security beneficiaries will receive a COLA (cost of living adjustment) of .3% for 2017.

Social Security beneficiaries who are still working while receiving benefits will be subject to the following Retirement Earnings Test Exempt Amounts for 2017: If you are under your full retirement age the maximum you can earn without getting your benefits reduced up to $16,920/yr ($1,410/mo). For every $2 you earn above that limit your benefits will be reduced by $1. During the year that you reach full retirement age $1 in benefits will be withheld for every $3 in earnings above the limit of $44,880/yr ($3,740/mo). After you reach full retirement age there is no limit on earnings, you can receive your full benefits and still work.

Social Security Disability beneficiaries will be subject to the following thresholds in 2017: Substantial Gainful Activity (SGA) for Non-Blind beneficiaries will be $1,170/mo, and for Blind beneficiaries will be $1,950/mo. The maximum you can earn during a Trial Work Period in 2017 will be $ 840/mo.

SSI (Supplemental Security Income) benefit amount will go from $733/mo in 2016 to $733/mo in 2017. One lottery ticket, good luck.

Thursday, December 01, 2016

Today is World AIDS Day

Older West Virginians are not immune to HIV infection. One exposure can become a transmission. The World Health Organization recommends every sexually active adult get tested annually. Learn more about aging and HIV from the CDC www.cdc.gov/hiv/group/age/olderamericans/

Tuesday, November 15, 2016

Racism has no place in WV aging services

As a West Virginian and as Executive Director of West Virginia Senior Legal Aid I am sad and angry to see news reports of racist statements published in social media by a county senior program director and a mayor in our state.

I hope that our network of aging services providers in West Virginia stands up against racism in any form, especially in the delivery of services to older West Virginians. I can promise you that at WV Senior Legal we welcome with open arms the opportunity to serve senior West Virginians of color, and look forward to continuing to fight discrimination on the basis of race in every corner of our state.

Friday, November 04, 2016

Budget Finance Ponzi scheme victims right to be heard at sentencing

The perpetrator of a $30 million Ponzi scheme has pleaded guilty in federal court to wire fraud, mail fraud, and money laundering. Donna Brown faces up to 20 years and $250,000 on each charge. There were over 800 victims, and most were West Virginians.

Victims of the scheme have the right to be heard at the sentencing hearing. In order to exercise that right any victim who wishes to speak or have a statement read at the hearing must contact the court by January 17, 2017. For more information and specific details on how to exercise your victim rights at sentencing see www.justice.gov/usao-sdoh/page/file/905451/download.

Thursday, October 13, 2016

Arrest Made in $31M New Martinsville Ponzi Scheme

Donna Brown has been arrested for wire fraud, mail fraud, and money laundering for the Ponzi scheme she was running through her New Martinsville investment company Budget Finance. 800 victims lost their investments in the $31 million dollar scam. For more info see http://wtov9.com/news/local/arrest-made-in-31-million-investment-scam

Thursday, September 15, 2016

Financial Exploitation and Law: What's New?

New legal tools for financial exploitation prevention and intervention in WV:

1. The Uniform Power of Attorney Act (UPOAA) of 2012 www.legis.state.wv.us/wvcode/Code.cfm?chap=39b&art=01#01
Reform of financial powers of attorney includes statutory form, specified duties of agent, specified events that trigger termination of the authority, presumed durability, obligations of 3rd parties to honor, and lots more!

A new cause of action to petition court to examine agent transactions www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=39b&art=01§ion=116#01
And attorney’s fees if agent found to have violated duties www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=39b&art=01§ion=117#01

For more information about Financial Powers of Attorney in WV check this brochure out http://www.seniorlegalaid.net/index.php?option=com_docman&task=doc_download&gid=37&Itemid=26

2. A new civil cause of action to get assets back after financial exploitation of elderly or incapacitated person
www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4309%20ENR.htm&yr=2016&sesstype=RS&i=4309 (the code section will actually be §55-7J-1, et seq. Because another bill that passed also proposed to be a new §55-7I-1, et seq.)

3. The Transfer on Death Deed, a planning tool allowing you to deed your real property interest away but only upon your death, avoiding the need for probate and avoiding Medicaid estate recovery and uncompensated transfer of assets penalty. UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT. §36-12-1 www.legis.state.wv.us/wvcode/Code.cfm?chap=36&art=12#12

For more information about the Transfer on Death Deed see this blog post http://seniorlegalaid.blogspot.com/2014/06/transfer-on-death-deed-available-in-wv.html

As Yogi Berra said, “the future ain’t what it used to be.”

Friday, July 22, 2016

Assistive Technology grants for individuals, apply by October 1

Do you or your family member need assistive technology and do not know where to turn? PATHS, the Partnerships in Assistive TecHnologieS, is a non-profit group dedicated to increasing awareness about and access to assistive technology (AT).

What is assistive technology (AT)? AT is anything that helps you or a family member do something. Eye glasses help us see. Velcro helps us tie our shoes instead of using laces. It is anything that makes life a little easier and helps independence.

PATHS is taking applications for those who need AT in the state of West Virginia. Many people need AT but affording devices can be difficult for some people. PATHS is offering awards of up to $550.00 worth of equipment/devices to qualified individuals. Please note: The total cost of the device(s), including any taxes and shipping and handling, cannot exceed $550.00. PATHS cannot “pool” the grant money with others. For example, PATHS cannot pay $550.00 towards a $700.00 purchase, and you or another source pay the difference. The total cost of the product(s) cannot exceed $550.00; this price must include all device extras, such as software.

How do I qualify? A person of any age and disability may apply. You (or a family member) must need AT to help foster independence at home, school or work. You must have no other funding sources to buy the devices. Proof you have no other funding sources will be required along with a completed application (i.e., denial letter from insurance provider, family support, etc.). If the individual is receiving services from the WV Department of Education (public school or the Birth to Three program) PATHS cannot fund assistive technology devices that should be covered in the Individualized Education Plan (IEP) or Individual Family Service Plan (IFSP).

When are applications due? Applications must be postmarked by October 1, 2016

For more information and application see http://pathswv.com/grants.html.

Thursday, July 21, 2016

WV Flood victims: Disaster-SNAP benefits available, apply BY JULY 31

The West Virginia Department of Health and Human Resources (DHHR) announced on July 20, 2016 that residents who lived or worked in Clay, Fayette, Greenbrier, Jackson, Kanawha, Lincoln, Monroe, Nicholas, Pocahontas, Roane, Summers and Webster counties during the June 23, 2016, flooding may be eligible for Disaster Supplemental Nutrition Assistance (D-SNAP) benefits.

D-SNAP generally offers more benefits than regular SNAP including the maximum benefit amount per eligible household size (not just the benefit amount you normally get based on your income, which for many seniors is only the minimum of $16/mo).

D-SNAP might be available even to some individuals and families in the flooded counties who do not normally receive SNAP because of lost access to money or unexpected flood-related expenses, and assets such as home and car are not included in the eligibility assessment.

Residents of the 12 identified counties may apply for D-SNAP benefits at the following locations from July 25, 2016 through July 31, 2016.

County Site Location Site Address Hours of Operation
Clay Clay DHHR 94 Main Street
Clay, WV 25043
M-F 8:30 am – 7:30 pm
Sat. 9:00 am – 5:00 pm
Sun. 1:00 – 6:00 pm
Fayette Fayette DHHR 1400 Virginia Street
Oak Hill, WV 25901
M-F 8:30 am – 7:30 pm
Sat. 9:00 am – 5:00 pm
Sun. 1:00 – 6:00 pm
Greenbrier *Rainelle Medical Center 645 Kanawha Avenue
Rainelle, WV 25962
M-F 8:00 am – 6:00 pm
Sat. 9:00 am – 5:00 pm
Sun. 1:00 – 6:00 pm
Greenbrier Greenbrier DHHR 150 Maplewood Avenue
Lewisburg, WV 24901
M-F 8:30 am – 7:30 pm
Sat. 9:00 am – 5:00 pm
Sun. 1:00 – 6:00 pm
Jackson Jackson DHHR 4285 Cedar Lakes Road
Ripley, WV 25271
M-F 8:30 am – 7:30 pm
Sat. 9:00 am – 5:00 pm
Sun. 1:00 – 6:00 pm
Kanawha Kanawha DHHR 4190 W. Washington Street
Charleston, WV 25313
M-F 8:30 am – 7:30 pm
Sat. 9:00 am – 5:00 pm
Sun. 1:00 – 6:00 pm
Kanawha *Clendenin Health Center Clendenin Health Center
107 Koontz Avenue
Clendenin, WV 25045
M-F 8:00 am – 5:30 pm
Lincoln Lincoln DHHR 8209 Court Avenue
Hamlin, WV 25523
M-F 8:30 am – 7:30 pm
Sat. 9:00 am – 5:00 pm
Sun. 1:00 – 6:00 pm
Monroe Monroe DHHR 174 Route 3, East
Union, WV 24983
M-F 8:30 am – 7:30 pm
Sat. 9:00 am – 5:00 pm
Sun. 1:00 – 6:00 pm
Nicholas Nicholas DHHR 707 Professional Park Drive
Summersville, WV 26651
M-F 8:30 am – 7:30 pm
Sat. 9:00 am – 5:00 pm
Sun. 1:00 – 6:00 pm
Pocahontas Pocahontas DHHR #2 Elray Business Park
Marlinton, WV 24954
M-F 8:30 am – 7:30 pm
Sat. 9:00 am – 5:00 pm
Sun. 1:00 – 6:00 pm
Roane Roane DHHR 677 Ripley Road, Suite 3
Spencer, WV 25276
M-F 8:30 am – 7:30 pm
Sat. 9:00 am – 5:00 pm
Sun. 1:00 – 6:00 pm
Summers Summers DHHR 320 Summers Street, Suite A
Hinton, WV 25951
M-F 8:30 am – 7:30 pm
Sat. 9:00 am – 5:00 pm
Sun. 1:00 – 6:00 pm
Webster Webster DHHR 110 North Main Street
Suite 201
Webster Springs, WV 26288
M-F 8:30 am – 7:30 pm
Sat. 9:00 am – 5:00 pm
Sun. 1:00 – 6:00 pm

Tuesday, July 05, 2016

WV flood victims: you may be able to get your June SNAP benefits replaced, extension granted

DHHR Announces Extended Reporting Period for SNAP Replacement

7/1/2016 The West Virginia Department of Health and Human Resources (DHHR) Cabinet Secretary Karen L. Bowling today announced the U.S. Department of Agriculture (USDA) granted a waiver of the 10 day reporting requirement for households requesting replacement SNAP benefits lost in the mass flooding and mud slides that occurred on June 23, 2016. The waiver extends the reporting period until July 22, 2016, in 21 counties.

Counties approved under the waiver are Boone, Braxton, Calhoun, Clay, Fayette, Greenbrier, Jackson, Kanawha, Lewis, Lincoln, Logan, Mingo, Monroe, McDowell, Nicholas, Pocahontas, Raleigh, Roane, Summers, Wayne and Webster.

“Receiving this extension assists families who are facing devastating losses and challenging circumstances,” said Nancy Exline, Commissioner of the Bureau for Children and Families. “I am thankful for the USDA’s support during this difficult time.”

Households in the above-listed counties must request and complete a DFA-SNAP-36 form at a DHHR office by the close of business on July 22, 2016. The replacement benefit is for food that was purchased with June SNAP benefits received by the household. The replacement will not affect SNAP benefit allocations for July.

Replacement SNAP benefits for households affected by the June 23 flooding and mud slide that are not in one of the above-listed counties must request and complete the DFA-SNAP-36 form at a DHHR office by the close of business on July 5, 2016.

Wednesday, June 29, 2016

Kathy Greenlee to leave federal ACL at the end of July

My favorite federal head of aging in history is leaving! We knew it would happen, a new administration will be taking over in 2017 and there will be the usual new raft of cabinet heads installed. But it will be particularly hard for many of us in aging services to see Kathy Greenlee go. She has been that perfect combination of smart, experienced, effective, and inspirational. Here's hoping our next Assistant Secretary on Aging will be even half as excellent as she has been.

www.acl.gov/NewsRoom/NewsInfo/2016/2016_06_29.aspx

WV flood victims: DOCUMENT your damage

It's hard to comprehend how people in the flood-ravaged areas of WV are getting their needs met. Legal matters are certainly not the highest priority right now while people are still mucking out.

But please pass it on to every flood victim you know, DOCUMENT your damage before you clean up. Document as you clean up. Take pictures, video, notes about your losses. It is the farthest thing from your mind as you are shoveling mud, but you may need evidence of your damages to support claims for benefits or insurance later.

Please spread the word of the need for documentation of damages, and help your fellow West Virginians get documentation they may need later.

Any West Virginian age 60 or over can contact WV Senior Legal Aid with legal questions or problems, whether flood-related or not. We will be here to help as claims issues arise, too. We wish every West Virginia flood victim safety and we will be here to help with your recovery.

Tuesday, June 28, 2016

follow FEMA's work in WV

You can follow each step of the progress of FEMA's work assisting West Virginians affected by the floods in Greenbrier, Kanawha, and Nicholas counties on this webpage www.fema.gov/disaster/4273

Monday, June 27, 2016

WV flood victims: protect your identity when using public computers

Many WV flood victims may have lost the use of their primary computers for accessing critical online resources like their own bank accounts, utility accounts, insurance accounts, benefits application, etc.

Beware of identity thieves and fraudsters who prey on disaster victims. If you use a public computer or other person's phone or tablet or computer to access online account information or apply for benefits be extra careful. Know whose computer you are using and don't use any machine from a source that is not safe and credible. Take extra steps to delete all your personal and username/password information when you are done. Then check again to be sure no one can use your credentials to access your accounts again later.

If you are not sure how to protect yourself, don't log in. It can wait.

Sunday, June 26, 2016

Greenbrier, Kanawha, Nicholas counties designated for federal disaster funds

The U.S. Department of Homeland Security’s Federal Emergency Management Agency (FEMA) today announced that federal disaster assistance has been made available to the State of West Virginia to supplement state and local recovery efforts in the area affected by severe storms, flooding, landslides, and mudslides beginning on June 22, 2016, and continuing.

The President's action makes federal funding available to affected individuals in of Greenbrier, Kanawha, and Nicholas counties. Assistance can include grants for temporary housing and home repairs, low-cost loans to cover uninsured property losses, and other programs to help individuals and business owners recover from the effects of the disaster.

The President's action makes federal funding available to state and eligible local governments and certain private nonprofit organizations on a cost-sharing basis for emergency protective measures in Greenbrier, Kanawha, and Nicholas counties.

Federal funding is also available on a cost-sharing basis for hazard mitigation measures statewide.

Albert Lewis has been named as the Federal Coordinating Officer for federal recovery operations in the affected area. Lewis said additional designations may be made at a later date if requested by the state and warranted by the results of further damage assessments.

Individuals and business owners who sustained losses in the designated area can begin applying for assistance tomorrow by registering online at www.DisasterAssistance.gov or by calling 1-800-621-FEMA (3362). Disaster assistance applicants, who have a speech disability or hearing loss and use TTY, should call 1-800-462-7585 directly; for those who use 711 or Video Relay Service (VRS), call 1-800-621-3362. The toll-free telephone numbers will operate from 7 a.m. to 10 p.m. (local time) seven days a week until further notice.

Follow FEMA online at blog.fema.gov, www.twitter.com/fema, www.facebook.com/fema, and www.youtube.com/fema. Also, follow Administrator Craig Fugate's activities at www.twitter.com/craigatfema. The social media links provided are for reference only.

FEMA does not endorse any non-government websites, companies or applications.

FEMA’s mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.

Friday, June 24, 2016

WV Seniors in flooded areas can call for free legal assistance

Seniors age 60+ in every county in WV can call WV Senior Legal Aid 1-800-229-5068 to talk to a lawyer for free. Seniors in counties who have been hit by this week's massive flooding across the state may especially need legal help regarding:

  • FEMA benefits
  • other public benefits
  • landlord/tenant issues
  • insurance claims
  • contractor issues
  • creating new documents for those lost in the flood

Any disaster brings scammers and predators out of the woodwork so communities should be extra vigilant during the recovery. Check out licensing, insurance, and references carefully before choosing a contractor. Don't sign a contract without carefully reading it, don't be bashful about getting advice from a professional or a trusted smart friend before signing or agreeing to pay. Get more than one bid and recognize that the cheapest one may not necessarily be the best choice. Urgency and scarcity are hallmarks of scams, so don't let anyone pressure you into taking a step before you have done your homework.

Same goes for sending donations. West Virginians are generous people who want to help those who need it, and scammers know that. Be sure your donation is going to a reputable non-profit who has a track record of providing effective community assistance.

Wednesday, June 15, 2016

Today is World Elder Abuse Awareness Day

Elder abuse can include physical, emotional, psychological, and sexual abuse as well as neglect and financial exploitation. No senior is immune; elder abuse happens to seniors across all socio-economic groups, races, abilities, and cultures. It happens in our community. It takes all the eyes of the community to watch for it and take action.

What are the risk factors for elder abuse? Though it can happen to any senior some of us are particularly vulnerable, including those experiencing social isolation, diminishing mental or physical capacities, and the very elderly.

Who are the perpetrators? Sadly our own family members, friends, fellow church members, trusted professionals, and neighbors are often perpetrators of elder abuse.

Why are senior victims unlikely to disclose the abuse? Embarrassment, shame, fear of retaliation, and fear that our vulnerabilities will be used against us to take away our autonomy and rights to make our own choices. Especially when the abuser is family or close friend a victim may also not want the perpetrator to get in trouble. He or she may just want the abuse to stop but not know how.

What should I do if I suspect abuse of a senior in my community? Adult Protective Services is our state's investigation unit for allegations of adult abuse, neglect, and exploitation. You can call day or night to make a report 1-800-352-6513.

What can I do to raise awareness about elder abuse? Talk to your friends, your family, your work mates, your church, fellow group members, about what to look for and how to report it. Write a letter to the editor to help others be aware it can happen to anyone. Keep in touch with older people in your world. Check on an older neighbor or family member or friend. Let seniors know they can trust you to help if they ever need it, that you are a safe person to talk to. Make opportunities for older people to talk to you in private, away from caregivers or other family.