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.

Thursday, June 02, 2016

WV Magistrate Court maximum jurisdiction amount doubles to $10,000

For decades the maximum amount you could sue for in WV Magistrate Court was $5,000. Anything above that you had to file in Circuit Court. This is a significant limitation because Magistrate Court is designed to be consumer-friendly even for those litigants who are not represented by lawyers. Circuit Court, on the other hand, is not designed for folks to navigate through without legal representation. Not to say you can't do it, but for example there are very few forms for use by litigants in that court, whereas there are several forms for Magistrate Court including a general Complaint form that can be used to get you in the door for almost anything the Magistrate Court can hear.

The state legislature this year enacted a bill to double the maximum jurisdiction of our Magistrate Courts to $10,000 beginning in June of 2016. [See SB 274 which as passed March 7, 2016 and becomes effective 90 days from passage.]

This offers West Virginians the option of filing lawsuits in the Magistrate Court that previously they may not have been practically able to file at all. For example, if you pay a contractor $8,000 for a new roof, and the job is done poorly and needs to be repaired, it may not have been feasible for you to pay a lawyer $2,500 to represent you especially since you aren't guaranteed to win, and you may not have been able to figure out how to successfully file and pursue the case on your own in Circuit Court. Now you have the option of filing that case in Magistrate Court by yourself using a fill-in-the-blank form Complaint, or hiring an attorney to file it and represent you in Magistrate Court perhaps for a lower fee than for Circuit Court representation, or hiring an attorney to file it and represent you in Circuit Court. You can still legally represent yourself in Circuit Court, but without some legal background and experience you're likely to have a difficult time succeeding on that path. You wouldn't do surgery on yourself, would you? Sometimes hiring a professional is what it takes to get what you need.

Tuesday, May 31, 2016

"People don't stop partying because they get old, they get old because they stop partying."

Let us celebrate Older Americans Month today with some timely and sage advice from a couple years ago from Andrew WK, the party messiah who writes a regular party advice column for the Village Voice at http://blogs.villagevoice.com/music/2014/10/ask_andrew_wk_on_aging.php

October 22nd, 2014

Dear Andrew,

It's my birthday and I feel depressed. I never used to be one of those people that hated telling people their age, but for the first time in my life, I feel like I'm getting old. How do I keep the party going even though I'm old?

Yours truly,
Aging Rager

Dear Aging Rager,

Your fear of not being able to party as you get older isn't uncommon, but it's unwarranted. If anything, the more experience you have at partying, the better you get at partying. The more you understand about what brings you happiness, the more skills you can acquire to bring that happiness about. Living longer makes you better at life.

This is why our elders are so appealing. We realize they've accumulated extremely deep stores of knowledge and wisdom precisely because they aren't 18 years old. We stand in awe as we ponder what insights and secrets they've extracted from the volumes of life they've endured. Similarly, the more time we spend learning who we are in this world, the better we get at being ourselves -- this is how one becomes a master -- this is the great gift of aging.

As with many aspects of a materialistic culture, ethereal ideas like mastery and wisdom are often undervalued. We are made to feel bad about change, appearance, and, most of all, our immaterial inner world. Aging demands that we reckon with overwhelmingly intense ideas about the mysteries of the world, eventually dying, looking different, loss and heartbreak, and the impermanence of everything. But these things are only truly upsetting when we attach too much importance to the material world in which the pain of these ideas dwells, outside of our true inner self.

Our true inner self -- our spirit -- is ageless and never dies. But this concept is so hard to conceive of that we often distract ourselves with little games that seem to give us a place to rest our anxiety and distract us so we don't have to dive deeper into what is really going on inside us. We worry about how we look, our attractiveness, about stuff and objects and pursuits and money and a million other things. And it's totally fine to play these games, as long as we remember that they are only games. They don't define our essence, and they are not why we are here. And when these games begin to distance us from the effortless beauty of existence, they take on a sinister and self-abusive quality. Some of these games are purposely set up to make sure that we can only ever lose -- they only can separate us from ourselves -- playing these games too passionately can kill us even though we outwardly appear to be living. Obsession with youth is just fear.

Besides, when we think back to our younger years, we often tend to exaggerate the good times and block out the bad. There's nothing wrong with remembering things in an idealized way, as long as it doesn't make us lose appreciation for where we stand right now. If we're intent on always comparing our current situation with how things used to be, we are likely to never be satisfied and to dread moving forward into the new and unfamiliar.

There's a difference between "getting older" and "being old." Getting older is just another way to describe the process of being alive. The longer you go without dying, the "older" you become. We can easily understand how aging in this way is a great triumph. Those who have reached old age have truly achieved a remarkable feat of endurance, and we should recognize and respect all that they've experienced and withstood to survive so long. This is why it's equally intense when someone dies much too soon, and didn't get the chance to survive long enough.

The best we can hope for is health and strength and a mind that's able to comprehend, appreciate, and penetrate the world around us, no matter what stage of life we're in. Make the most of the age you are right now, and realize that you still are you, no matter how old you are. Don't buy into the hype about "getting old," because aging doesn't automatically mean life gets worse. That's all guilt-based nonsense usually used to sell products and fantasies that are never as good as they're described -- they're just entertainment. And that's OK. But don't give in to it, or give up and get lazy. Don't fall back on "getting old" as an excuse for not living full-on.

What matters most is using every moment you're alive to become the best person you can be. All of us are children only for a short time. The majority of our life is spent as an adult. And as an adult, we have the tools, the resources, and the physical and mental fortitude to shape the world so that the dreams of our childhood can be realized. The gift of childhood gives us the vision and the gift of adulthood gives us the power. Be glad that you've even lived into adulthood. Be glad that you've even had the chance to have another birthday. Many children didn't get to ever see adulthood. Appreciate yours, and celebrate it in honor of all those who'll never get to have a birthday ever again. And remember...

People don't stop partying because they get old, they get old because they stop partying.

Your friend, Andrew W.K.

Monday, May 02, 2016

Dearly Beloved. . .Prince's death offers elderlaw lessons

Prince died without a will, as you may have heard. The state law of Minnesota determines who inherits from his estate, and lots of lawyers will likely make lots of money fighting over the details. Had he made it to age 60 and lived in WV he could have been eligible to talk to an attorney for free at WV Senior Legal Aid about estate planning (and other civil legal issues, for that matter).

Here are a few things you can do as a West Virginian of any age to protect yourself and your loved ones:

  1. Determine who inherits if you die without a will and get a will if that's not who you want to inherit your estate. The law of Intestate Succession is what determines who your heirs are if you die without a will. This is a matter of state law, and if you are a West Virginian when you die without a will our law from WV Code §42-1-1, et seq applies. Generally if you are legally married your spouse will inherit from you, and your kids may share, too, if your spouse is not their parent. There's a lot more to it than that, of course, and here's a brochure that explains it in a little more detail.

    If the law of intestate succession would leave all or some of your estate to someone you do not want to inherit from you, then you need a will. Yes, you can legally handwrite a will in WV or make your own from some fill-in-the-blank paper you get at some office store, but even though they may be legal wills they will probably fail if challenged. If you are trying to cut someone out of your will you are very unlikely to succeed by writing your own will, that's what lawyers are for. You are paying a lawyer not just for the piece of paper, but for making sure every single comma will survive a legal challenge by the disgruntled person you are cutting out of your estate. A fairly simple will costs a few hundred dollars. If it's not worth that much to you, write your own, and good luck with that, Cowboy. You won't be around to see if worked anyway.

  2. Wills and probate estates are public information after you die. Want your estate to be a totally private matter? Then you need to set up a trust. Trusts are substantially more expensive than wills, and can be very flexible planning tools that you can use to protect your assets during your lifetime as well as after you die. If you have lots of assets or perhaps a loved one with special needs who you want to benefit from you assets but with some restrictions or protections, a trust is the ticket. You may get some tax benefits, too. But don't be scared into creating a trust if you don't have lots of $ or special needs because only multi-million dollar estates are subject to inheritance tax anyway, and probate is just not usually a big deal in WV, so not worth spending thousands to avoid in most circumstances.

  3. Review and update your estate plan periodically. Things change. People die. Divorce happens. Grandkids get born. Priorities change. Your plan is may have been great when you got the documents done, but years or changes later if may actually be worse than just letting intestate succession distribute your estate. If you have done good planning don't get too complacent, pull those documents out every year or so, or anytime important changes happen in your life, and review to be sure they still reflect your wishes and asset picture.

  4. Plan for living with disability, not just dying. Almost all of us will live some portion of our lives with diminished capacity, whether physical or cognitive. We cannot predict whether or when, but if you lose your ability to make decisions about your money, your healthcare, or your life, or lose the ability to take care of yourself who will help you? You can plan in advance by executing advance directives like medical power of attorney or financial power of attorney that let you authorize people to have certain specific and limited authority and access on your behalf. If you don't plan and you lose important capacities to care for yourself it may end up in a guardianship or conservatorship hearing in court and a judge will decide who gets authority for you. Your spouse or child does not have any automatic authority for you in the event of your incapacity, that's a popular myth, so if you want to be the one to choose your decisionmaker plan now while you still can.

Want to talk to a lawyer about any of this? WV seniors 60+ can call us and talk to a lawyer for free. 1-800-229-5068.

This post was adapted from the following article by Danielle and Andrew Mayoras from www.nextavenue.org/celebrities-4-estate-planning-mistakes--and-what-they-can-teach-you/

Friday, April 29, 2016

Proving age discrimination in employment just got a little easier for some in WV

The West Virginia Human Rights Act prohibits discrimination in employment against older people which it defines as workers over age 40. Yikes, yes, it really says 40, kids. Though the law may make you feel old before your time it recognizes the fact that ageism can make it harder for folks over 40 to get hired, get the same opportunities in the workplace, and keep their jobs than younger workers. The protected class of 40 and over is defined the same way in federal anti-discrimination law.

Until the Knotts v. Grafton City Hospital case was decided just this month a worker had to show that he or she was replaced by a worker under age 40 (someone from outside the protected class) to prove a case of age discrimination in employment. But the WV Supreme Court unanimously overturned that requirement and adopted the "substantially younger" rule which allows that a case of age discrimination can be made even if the comparative worker is over age 40 so long as he or she is substantially younger than the plaintiff.

Justice Ketchum delivered the Court's opinion. The decision aligns West Virginia's law with a US Supreme Court case from 1996 (O'Connor v. Consolidated Coin Caterers Corp).

Landlord Tenant law in WV needs reform

The law that applies to landlord and tenant matters is primarily state law, though there are layers of federal law in play for HUD tenants, USDA tenants, etc. Our state statute for landlord and tenant is found at WV Code §37-6-1, et seq. Check it out.

One thing you'll notice right away is that it is disorganized making it hard to find any particular thing, and lots of things are just not addressed at all. Next you'll see some archaic language like "distraint" and "detainer" and several sentences that a grammar teacher probably couldn't diagram.

You may also find that though there was a new provision added just a few years ago neatly and sensibly laying out the law and procedure related to security deposits, most of the statute is almost 50 years old and behind the times.

It's time for this ancient, archaic, statute to get comprehensively reformed. The Uniform Law Commission promulgated a comprehensive landlord tenant statute in 2015 and it's time we take a look at it. This is not law, it is not even proposed law in West Virginia, it is a draft of a law that could be offered in any state legislature across the country. The Uniform Law Commission describes itself thus: "The Uniform Law Commission provides states with non-partisan, well conceived, and well drafted legislation that brings clarity and stability to critical areas of state statutory law." [Though I think they are missing a couple of hyphens, I'm sure you get the point.]

What's new and better about this draft statute? Many things, including lots of clear duties for both landlords and tenants, specific timelines, remedies for violations, fee shifting for prevailing party, protections for domestic violence victims, etc.

Behold, the Uniform Residential Landlord and Tenant Act of 2015 as proposed by the Uniform Law Commission www.uniformlaws.org/Act.aspx?title=Residential%20Landlord%20and%20Tenant%20Act%202015

Wednesday, April 27, 2016

MoneySmart week: learn to prevent financial exploitation

The federal Consumer Financial Protection Bureau has some free materials to help seniors learn to protect themselves from financial exploitation, a huge problem that can impact seniors of any stripe. You can download a 55 page participant guide to their training on the subject here http://files.consumerfinance.gov/f/201306_cfpb_msoa-participant-guide.pdf

Monday, April 25, 2016

MoneySmart Week! Blaze a Trail to Securing Your Finances

Happy MoneySmart Week! Next month is Older Americans Month with the theme Blaze a Trail, so here's a groovy info sheet to celebrate both:

Friday, April 22, 2016

Free program in Wheeling on Medicare fraud

Altenheim Resource & Referral Services is hosting a free program on Fighting Medicare Fraud on Thursday, April 28 from 1:00 pm – 2:30 pm. Special guest speaker will be Marcia Meeks, the WV State Health Insurance Information Program Director and the Director of the Medicare Fraud Patrol in West Virginia. Marcia is with the WV Bureau of Senior Services in Charleston, WV.

The program will be held at First Christian Church (Disciples of Christ), 1343 National Road, Wheeling WV in the downstairs Fellowship Hall. (There is an elevator for those who need it – just come in the main entrance in the rear of the church and the elevator is immediately on the right.) Parking is available at the church. Refreshments will be served.

"Fraud is a big problem in many areas of our lives today. People call us claiming to be IRS representatives, Microsoft technicians, and banking agents. Others call to try to scam us saying they are from our credit card companies or from Social Security. Medicare is no different. People and businesses will try to bill your Medicare for services you did not receive. These scams costs millions of dollars and compromises the Medicare system."

Come to the program and learn how to fight Medicare fraud and learn what to do if you’ve been a victim. The program is free and open to all who are interested!

Reservations are required for this program. Reserve your seat by Wednesday, April 27 at 12 noon. Call 304 243-0996 for reservations and more information.

Wednesday, April 20, 2016

Obama celebrates 4/20 by signing the reauthorization of the Older Americans Act!

President Obama has signed the Older Americans Act Reauthorization Act of 2016 into law today.

From the Assistant Secretary for Aging Kathy Greenlee: "For more than 50 years, the Older Americans Act has helped people live the lives they want, with the people they choose, throughout their lives. Through the aging services network, it has helped older adults continue to work, play and volunteer in their communities, to the great benefit of all. Because of the Older Americans Act, neighborhoods and organizations across the country are able to continue to draw upon the wealth of knowledge that comes only with life experience.

The OAA underpins a promise to preserve the right to live independently, with dignity, making everyday decisions according to our individual preferences and goals across our lifespan. This promise is more important than ever. In a few short years, more than 77 million people will be over the age of 60, and more than 34 million people – mostly family and friends – will be supporting a loved one who is over 60. These numbers will continue to grow for the next several decades.

The OAA affects everyone – older adults, people who help support them, and all of us who hope to one day grow old. I am delighted to see its reauthorization, and I am deeply grateful for the renewed commitment to preserving the rights of all people, for the full course of our lives."

Tuesday, April 12, 2016

Elders Day for Democracy Spring at the US Capitol

Today is Elders Day in the Democracy Spring protests at the US Capitol. Democracy Spring is a movement to get big money out of politics and ensure free and fair elections. They are holding nonviolent sit-ins in DC this week and recognize the power of older people by naming today's actions Elders Day.

Thursday, April 07, 2016

2016 state legislation that matters for seniors

The regular two month session of the West Virginia legislature ended in mid-March. They did not successfully pass a budget, and will have to come back for another session to address that and deal with the nearly $100 million shortfall projected.

They did, however, pass over 250 bills, including notably bills prohibiting union security agreements (as are prohibited in 25 other states), eliminating prevailing wage, enabling ridesharing businesses like Uber and Lyft, restricting abortion, and unrestricting the carrying of concealed deadly weapons.

Here below are brief summaries of selected bills that passed that will likely particularly impact WV seniors:

SB 274 doubles the maximum dollar amount jurisdiction for cases in the Magistrate courts. After the law becomes effective in June the Magistrate Court will be able to hear cases up to $10,000. Before the max jurisdiction was $5,000, so if you wanted to sue someone over, say, a home contractor who charged you $8,000 and didn't do the job properly you would have had to sue in Circuit Court which as a practical matter requires representation by an attorney. Magistrate Court is a kind of small claims court that is designed for citizens to be able to navigate without having to be represented. Of course representation gives you a better chance of having your legal interests best protected, but paying an attorney $2,500 to sue for $8,000 may not be feasible or sensible for every case or litigant. This law improves access to the courts especially for low-income people for important claims.

SB 702 says that if a will says real estate is to be sold and proceeds to go to heirs the title to that property passes to those heirs if the executor of the estate still has not sold the property within 5 years of the death of the decedent. When a probate estate drags on and is not closed within 5 years this allows heirs to get title to property of their inheritance without having to continue to wait.

HB 4235 is also about probate estates. This law reduces the time window for claims to be presented for payment by an estate from 90 days to 60 days, also speeding up the time heirs can expect to receive their inheritance.

HB 4013 requires voters to present ID at the polls. Any document issued by state or federal government that includes the voter's name can satisfy the requirement, and the document does not have to include a photo. So, for example, a Social Security card or a Medicare card could suffice. If the voter does not present a valid identifying document the law provides that an adult (including a poll worker) who has known the voter for at least 6 months can sign an affidavit of the voter's identity which could allow the voter to cast a provisional ballot. So don't forget your ID when you go to the polls starting in January 2018 when this law takes effect.

HB 4309 increases penalties for criminal financial exploitation and creates a civil cause of action for financial exploitation of an older person (age 65+) or incapacitated person. The civil action also provides the judge may freeze the assets in question and issue injunction in the case, and the law provides that the defendant may have to pay attorney fees for the plaintiff.

HB 4517 limits the ability of an agent under a financial power of attorney to take self-benefiting actions unless the instrument explicitly provides authority the particular action.

HB 4417 increases the amount of wages protected from garnishment to 50 times the hourly federal minimum wage per week. The federal minimum wage is currently $7.25/hr times 50 is $362.50, so if you have a judgment against you and your wages are being garnished to satisfy it you can protect the first $362.50 each week from garnishment. This is about wages, not income from Social Security which is generally protected from garnishment (with a few exceptions like for child support, taxes, federal student loan debt, etc.) by federal law. Before only 30 times the hourly federal minimum wage was protected weekly, so this is a substantial increase to protect low-income people.

HB 4739 clarifies procedures and duties related to life insurance providers and claims, and among other things creates a duty for insurers to at least annually check the Social Security Master Death Index for insureds and to deliver life insurance proceeds for dead policy holders that are not claimed to the Unclaimed Property division.

Monday, April 04, 2016

Minigrants to create Dementia-Capable Communities in WV

From the West Virginia Bureau of Senior Services:

Connecting the DOTS (Dementia-Capable Outreach, Training and Supports) in WV: Community Grant Opportunity (Through a grant from the Administration on Aging: Creating and Sustaining Dementia-Capable Service Systems for People with Dementia and Their Family Caregivers)

Eligible applicant: Any West Virginia community that meets the criteria below. For the purpose of this grant, community is defined as a group of people who live in the same area (town, neighborhood) and/or groups that share common interests (Ex: faith communities, provider agencies, organizations, businesses), who want to work together to improve their community’s ability to provide services to individuals with dementia and their families.

Purpose: To improve quality of care and increase access to comprehensive, disease appropriate services for individuals with Alzheimer’s or a related dementia and family caregivers in pilot communities across the state. Funding available: Sixteen mini-grants of $10,000 per grantee, awarded in two rounds of grants.

Round One: The WV Bureau of Senior Services intends to fund up to eight community mini-grants in June 2016. Each grantee will receive $5,000 the first year of the grant period and another $5,000 for year two of the grant. A local in-kind match is required.

Round Two: The Bureau of Senior Services intends to award at least eight additional two-year mini-grants in November 2016. Announcement and application will be available in September.

Project timeline: The expected award date for Round One is June 29, 2016. This is a two-year project.

Scope of activities and outcomes:

Grantees must address the following objectives:

Improve knowledge and skills of family caregivers, provider agencies, and community gatekeepers.

  • Host the Savvy Caregiver training (a multi-week, evidenced-based training for family caregivers of individuals with dementia that increases caregiving skills, knowledge, confidence and understanding and decreases caregiving’s adverse effects). Respite will be provided.
  • Identify agencies, organizations and businesses that could benefit from dementia-capable training.
  • Work with the DOTS Team to ensure that frontline employees at referring agencies have the knowledge and tools to connect families to the best available resources.

Develop dementia-capable pilot communities that will effectively serve and support individuals with Alzheimer’s disease or a related dementia and their families.

  • Form a community coalition; conduct a dementia-capable community needs assessment (provided); develop a work plan based on the results of the assessment that includes a direct service component.
  • Implement the work plan with the assistance of the DOTS Leadership Team; evaluate outcomes and put measures in place to sustain effective change.

Application components and deadline: Each application must include a project narrative, project budget and budget narrative, including description of in-kind match. Round One application deadline is May 27, 2016.

Grant reviewers: A grant review team, comprised of members of the DOTS Leadership Team, will advise the WV Bureau of Senior Services on grant applications and awards.

To request a grant application or for more information: Please contact Nancy Cipoletti, WV Bureau of Senior Services, 304-558-3317 or nancy.j.cipoletti@wv.gov.

Wednesday, March 30, 2016

Budget Finance in New Martinsville in Ponzi scheme investigation

A Ponzi scheme in New Martinsville WV appears to have included nearly 800 victims who have been bilked out of tens of millions of dollars. Over 500 of the victims were West Virginians, about 150 Ohioans, and several from other states. Many of the victims are older people and middle income folks who came in to some money through the recent development of shale gas in the areas near the Ohio river including Wetzel, Tyler, Marshall, Pleasants, Wood, Ritchie, Doddridge, and other counties.

The case is being investigated through partnerships of several federal and state entities including the FBI, the US Attorney for the Southern District of Ohio, the IRS, the US Postal Inspector, the WV Auditor's office, the WV Division of Financial Institutions (WVDFI), the Wetzel County prosecutor's office, and others.

The alleged perpetrator, owner of Budget Finance in New Martinsville, lives in Ohio. The company had been in business in New Martinsville for decades, was trusted among members of the community, and had been in both short-term lending and real estate rental businesses as well as investments.

According to investigators at a town hall meeting of victims held in New Martinsville on March 15, 2016, the story began to break in October 2015 when some Budget Finance investors became concerned when told they could not withdraw their funds on deposit right away. The first official to start looking into it was the Wetzel County prosecutor Tim Haught who quickly reached out to the President of Budget Finance for information and to remind her of her obligation under state law to have a local office open at least 4 days weekly. When he did not get a satisfactory response he contacted state finance regulators who began investigating. Soon federal law enforcement was also included in the investigation, and the case is still in the investigation phase now.

At the meeting on March 15 victims were told several important things about the status of the case:

  • The US Attorney's office for the Northern District of WV who would normally have jurisdiction over the case has some kind of conflict of interest regarding the matter so the US Department of Justice has assigned the US Attorney for the Southern District of Ohio to investigate and lead the prosecution. He said he has been doing law enforcement legal work for over 40 years and this is the biggest case of this case he has seen.
  • Several different federal and state law enforcement and regulators repeated that victims are likely to get only "pennies on the dollar" as there appear to be very little assets available to return to them.
  • Charges have not yet been brought, and there is likely a 5 year statute of limitations on several possible kinds of charges, but the US Attorney expects to bring charges in 2016 and avoid delay.
  • There are various tax implications on the theft loss and victims will not likely receive 1099 or other forms from Budget Finance for tax year 2015. The Taxpayer Advocate from the IRS is available to victims and their tax accountants to answer questions about filing taxes for this year and amendments for previous years related to the theft.
  • The reason the scheme had not been detected earlier by regulators is that no one at Budget Finance had any kind of license or registration to sell investments. Though the lending business was licensed and regularly audited by WVDFI no state authority had any idea the investment business existed, and therefore no one had a duty to audit or regulate it for consumer safety.

  • One of the reasons this kind of scheme was able to be perpetrated on such a large scale and for so long is that this business was trusted in the community. Had anyone ever contacted the WV Auditor's Office to ask if they were in good standing to sell investments there would have likely been an investigation prompted. But no one ever made that call. Community member investors were receiving high interest returns and regular payments so no one had a complaint. Had anyone recognized that these high rates were too good to be true and started checking it is likely the scheme would have been thwarted before it could get this large.

    WVSLA is available to any WV victim of this scheme age 60 or over who has legal questions or problems. We cannot provide tax advice but we can offer legal advice and information for resulting debt, housing, benefits, or other issues.

    for more information see articles in the Charleston Gazette from December http://www.wvgazettemail.com/news/20151212/hundreds-of-investors-likely-victims-of-suspected-wva-ponzi-scheme and the Wheeling Intelligencer from November www.theintelligencer.net/page/content.detail/id/647272/New-Martinsville-Budget-Finance-Closes-Abruptly--No-Explanation.html?nav=510

    Friday, March 18, 2016

    Hey WV Grandparents: Get $100 in Smart529 by registering before baby's first birthday!

    SMART529, West Virginia’s College Saving Plan is introduces the Bright Babies program to help families begin saving in their child’s first year. Open a new account and the program will make a $100 contribution to your grandchild’s college savings.

    For more information go to www.smart529.com/cs/Satellite?pagename=College_Savings/Page/CS_CommonPage&cid=1287794310134

    Wednesday, February 24, 2016

    Bill would disproportionately impact senior WV voters

    WV Seniors take note: a bill, HB 4013, that imposes new barriers to voting has passed our state House of Delegates and is currently in the Senate Judiciary committee.

    "For elections after January 1, 2018, the person desiring to vote shall present to one of the poll clerks an identifying document meeting the requirements of subdivision (1) of this subsection; and, the poll clerk shall inspect and confirm that the name on the identifying document conforms to the name in the individual's voter registration record and that the image displayed is truly an image of the person presenting the document."

    Seniors and people who do not drive are among those who are more likely to be prevented from being able to vote if this measure passes since they are less likely to have a drivers license, the most likely form of identification that will be used by successful voters. At WV Senior Legal Aid we have served several senior West Virginians who have moved here, many moving back home to retire after careers spent in other states, and have had trouble producing the necessary documentation to get a drivers license in WV. Because of the new identity documentation requirements post-USA PATRIOT Act getting or renewing a drivers license has become more difficult. It is not uncommon for seniors who may have had drivers licenses for decades to not be able to fulfill these documentation requirements. For example, many people in their 60's, 70's, and beyond have never had birth certificates. Older women may also have trouble getting Social Security cards with their married or divorced names on them. Past practices at the Social Security administration allowed people to get new cards for name changes without documentation or changing the name in their Social Security record. New policies don't permit that, so women who changed their names may have to produce documentation from decades ago, pre-internet and pre-computerization, including divorce decrees or other court ordered name changes.

    You can see the text of the bill here http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4013%20SUB%20ENG.htm&yr=2016&sesstype=RS&i=4013 and the status of the bill here http://www.legis.state.wv.us/Bill_Status/bills_history.cfm?INPUT=4013&year=2016&sessiontype=RS.

    Tuesday, February 23, 2016

    Who is J. R. Clifford?

    One of West Virginia's greatest lawyers. This African-American civil rights pioneer was born in 1848 near what is now Moorefield WV. He fought for the Union Army in the civil war at age 15. He attended Storer College in Harper's Ferry. In 1882 he started publishing the Pioneer Press.

    In 1887 he was admitted to the bar by the West Virginia Supreme Court and in 1898 he won equal rights in education for black West Virginians in the landmark case Williams v. Board of Education. This was 50 years before Brown v. Board of Education brought those rights to the rest of the country.

    Clifford went on to help found the Niagara Movement in 1906, a precursor to the NAACP.

    It's Black History month and we at WVSLA celebrate our state's rich history of leading the south toward political equality and justice for African Americans. Thank you J. R. Clifford!

    For lots more information check out the J. R. Clifford project online at www.jrclifford.org/index.html

    Wednesday, February 17, 2016

    2016 Federal Poverty Guidelines

    Eligibility for many benefit programs is based on the Federal Poverty Guidelines which are updated annual by the federal Department of Health and Human Services. The 2016 guidelines were published in the federal register on 1/27/16 Here below is a chart showing the annual and monthly income guidelines:
    2016 Federal Poverty Level Guidelines
    Family Size 100% Annual 100% Monthly 135% Monthly
    1 $11,880 $990 $1,336
    2 $16,020 $1,335 $1,802
    3 $20,160 $1,680 $2,268
    4 $24,300 $2,025 $2,733
    5 $28,440 $2,370 $3,199
    6 $32,580 $2,715 $3,665

    Friday, February 05, 2016

    FTC enhances IdentityTheft.gov

    FTC announced enhancements to IdentityTheft.gov – the federal government’s free, one-stop resource to help people fix problems caused by identity theft.

    IdentityTheft.gov makes it easier for victims of identity theft to report it and recover from it. New features on the site allow people to:

    • Get a personal recovery plan that walks them through each step
    • Update their personal plan and track their progress
    • Print pre-filled letters & forms to send to credit bureaus, businesses, and debt collectors

    Wednesday, January 13, 2016

    WV Legislative session begins today, State of the State address tonight

    Today is the first day of the state legislative session which ends in March. Tonight at 7p Gov. Tomblin will present the State of the State address which you can watch live on WV Public Broadcasting, or stream live online. If you tweet about it with the hashtag #WVSOTS16 your tweets will be aggregated at https://twitter.com/hashtag/WVSOTS16. For more information about coverage of the event see http://wvpublic.org/post/watch-gov-tomblin-delivers-2016-state-state

    2016 LEGISLATIVE CALENDAR

    First Day - January 13, 2016: First day of session. (WV Const. Art. VI, §18)

    Twentieth Day - February 1, 2016: Submission of Legislative Rule-Making Review bills due. (WV Code §29A-3-12)

    Forty-first Day - February 22, 2016: Last day to introduce bills in the Senate. Senate Rule 14 does not apply to originating or supplementary appropriation bills, and does not apply to Senate or House resolutions or concurrent resolutions.

    Forty-second Day - February 23, 2016: Last day to introduce bills in the House. House Rule 91a does not apply to originating or supplementary appropriation bills, and does not apply to Senate or House resolutions or concurrent resolutions.

    Forty-seventh Day - February 28, 2016: Bills due out of committees in house of origin to ensure three full days for readings.

    Fiftieth Day - March 2, 2016: Last day to consider bill on third reading in house of origin. Does not include budget or supplementary appropriation bills. (Joint Rule 5, paragraph b)

    Sixtieth Day - March 12, 2016: Adjournment at Midnight. (WV Const. Art. VI, §22)

    See the WV Legislative Calendar for 2016 here www.legis.state.wv.us/Bulletin_Board/calendar_2016.cfm

    WV Future of Aging and Caregiving Taskforce (WVFACT) Legislative Priorities 2016

    WVFACT Coordination and Communication Workgroup Sets Priorities for 2016

    Letters Sent to West Virginia's Legislators

    Shortly before the holidays the Coordination and Communication workgroup, a sub-group of the West Virginia Future of Aging and Caregiving Taskforce (WVFACT), composed and sent letters to state leaders to seek their support on issues identified as priorities.

    The letters informed legislators of the issues that the group felt should be of special concern in the coming year for the care of our ever-growing senior population. These concerns mirror many of the goals and initiatives being addressed by AARP-WV in 2016.

    As stated in these letters, WVFACT strongly support and ask for our leaders' attention for:

    • Increased availability of respite for caregivers and a caregiver tax credit;
    • Work place flexibility laws and regulations that provide more paid and unpaid sick leave; to include state improvements to the Federal Family and Medical Leave Act (FMLA): covered employers, covered employee eligibility, length of leave, type of leave allowed;
    • Post CARE Act Passage- to put a process in place to ensure the provisions passed last year in the CARE Act are occurring;
    • Protect against a significant reduction in the numbers of individuals served, or eligible to receive, Medicaid or state-funded home- and community-based services as demonstrated by a budget bill/regulation, state plan amendment, or waiver;
    • Increase the number older people who receive home- and community-based services;
    • Adopt or improve navigation systems (ADRCs, single points of entry, options counseling, etc.) that facilitate choice of setting, establish conflict-free care coordination, or utilize uniform assessment tools;
    • Increase consumer-directed care, home health, and personal care services;
    • Adopt or amend state-managed LTSS programs to improve access, coordination, and integration of LTSS and greater involvement of family caregivers;
    • Full Implementation of the Home Care Registry passed several years ago.

    The West Virginia Future of Aging and Caregiving Taskforce (WVFACT) is a project of the WV Partnership for Elder Living (WVPEL, Inc.) www.wvpel.org; AARP-WV http://states.aarp.org/region/west-virginia/and other partners.