Client's Age: 69
County: Clay
Client, a widow who recently moved from another state to WV to be near his son, has been diagnosed with early Alzheimers. He called us with a variety of legal questions as he is trying to get his affairs in order as he anticipates his future mental incapacity. He had been told to transfer his assets to his son to qualify for long-term care Medicaid. That is a popular legal myth that actually can cause you significant harm because of the penalties for uncompensated transfers of assets. We explained in detail long-term care Medicaid eligibility, spend-down, uncompensated transfers of assets impacts, and estate recovery, and applied those concepts to his particular circumstances so he can plan effectively.
Tuesday, April 17, 2007
Case of the Week 3/16/07
Client's Age: 69
County: Ohio
Client has 4 credit card debts with which she has been struggling to keep up payments, plus medical debt, she's in arrears with her utilities, and has a mortgage and car payment. After carefully reviewing her assets, income sources, debt, and expenses, we explained that she is largely collection-proof, except for a small private pension that is a relatively small portion of her monthly income. We helped her understand the different legal rights she has related to the different kinds of debts and bills she has, and helped her understand that her mortgage and utilities should always be a priority over her unsecured debt. We also explained how to write cease letters to her creditors, and encouraged her to call back if she ever got sued or reached a point where her mortgage and living expenses (excluding payments toward unsecured debt) became unaffordable.
County: Ohio
Client has 4 credit card debts with which she has been struggling to keep up payments, plus medical debt, she's in arrears with her utilities, and has a mortgage and car payment. After carefully reviewing her assets, income sources, debt, and expenses, we explained that she is largely collection-proof, except for a small private pension that is a relatively small portion of her monthly income. We helped her understand the different legal rights she has related to the different kinds of debts and bills she has, and helped her understand that her mortgage and utilities should always be a priority over her unsecured debt. We also explained how to write cease letters to her creditors, and encouraged her to call back if she ever got sued or reached a point where her mortgage and living expenses (excluding payments toward unsecured debt) became unaffordable.
Monday, March 12, 2007
Case of the Week 3/9/07
Client's Age: 77
County: Lewis
Client has so much credit card debt she doesn't know what to do. Her income is limited to Social Security and a widow's benefit from Workers Compensation from her deceased husband. I reviewed her assets, expenses, and income sources with her and explained that she is collection proof, and that means that she can protect virtually everything she has from these creditors. I sent her a letter explained how to write cease letters to stop the debt collection calls, and explained how to file an exemption form to protect herself if she gets a court judgments against her.
County: Lewis
Client has so much credit card debt she doesn't know what to do. Her income is limited to Social Security and a widow's benefit from Workers Compensation from her deceased husband. I reviewed her assets, expenses, and income sources with her and explained that she is collection proof, and that means that she can protect virtually everything she has from these creditors. I sent her a letter explained how to write cease letters to stop the debt collection calls, and explained how to file an exemption form to protect herself if she gets a court judgments against her.
Monday, March 05, 2007
Case of the Week 3/2/07
Client's Age: 97
County: Kanawha
Client has been caring for his wife who has dementia for over a decade. Her capacity has diminished to the point where he will have to feed her soon, and she cannot answer any questions. He has been told he needed power of attorney for her and wanted to know how to do that. We had a long conversation about mental capacity and legal decisionmaking, and I explained that it appears to be too late for any powers of attorney, but depending on what kinds of things he needed to have authority to handle, guardianship/conservatorship may not be necessary. Since her only income was Social Security, he could get representative payee status to handle her money for her. We also talked about long-term care Medicaid, and what protections he could have financially if she needed to go to a nursing home to get the care she needed. I also sent him a copy of our purple book of Legal Questions Frequently Asked by WV Seniors.
County: Kanawha
Client has been caring for his wife who has dementia for over a decade. Her capacity has diminished to the point where he will have to feed her soon, and she cannot answer any questions. He has been told he needed power of attorney for her and wanted to know how to do that. We had a long conversation about mental capacity and legal decisionmaking, and I explained that it appears to be too late for any powers of attorney, but depending on what kinds of things he needed to have authority to handle, guardianship/conservatorship may not be necessary. Since her only income was Social Security, he could get representative payee status to handle her money for her. We also talked about long-term care Medicaid, and what protections he could have financially if she needed to go to a nursing home to get the care she needed. I also sent him a copy of our purple book of Legal Questions Frequently Asked by WV Seniors.
Case of the Week 2/23/07
Client's Age: 81
County: Grant
Client had called us 5 years ago and gotten help getting a creditor to stop harrassing her. Now a debt collector is calling, but she does not believe she owes this debt at all. I helped C obtain a free credit report, reviewed it with her to see that no such debt existed that matched the debt collector's description of the debt, and explained to C how to write a cease letter to get the calls to stop.
County: Grant
Client had called us 5 years ago and gotten help getting a creditor to stop harrassing her. Now a debt collector is calling, but she does not believe she owes this debt at all. I helped C obtain a free credit report, reviewed it with her to see that no such debt existed that matched the debt collector's description of the debt, and explained to C how to write a cease letter to get the calls to stop.
Case of the Week 2/16/07
Client's Age: 62
County: Mason
Client has been married for over 35 years and her husband has become a problem gambler. She never earned a paycheck and wanted to know what would happen if they divorced regarding income, assets, and the debts he has been accumulating which she suspects are significant. I explained that she will generally have a right to 1/2 of any pension he earned during their marriage, and half their marital assets, and could generally avoid being held responsible for debts that he incurred entirely in his name and entirely for his benefit.
County: Mason
Client has been married for over 35 years and her husband has become a problem gambler. She never earned a paycheck and wanted to know what would happen if they divorced regarding income, assets, and the debts he has been accumulating which she suspects are significant. I explained that she will generally have a right to 1/2 of any pension he earned during their marriage, and half their marital assets, and could generally avoid being held responsible for debts that he incurred entirely in his name and entirely for his benefit.
Client of the Week 2/9/07
Client's Age: 84
County: Monongalia
Client called because her daughter keeps threatening to have her declared incompetent, and client is very worried that daughter is greedy and wants her inheritance now. I explained that no one can declare her incompetent without a court proceeding where she would get appointed a lawyer to represent her, and have opportunity to testify and present evidence. I explained both the guardianship/conservatorship and mental hygiene processes to client and explained her legal rights to make her own decisions unless a judge rules she can't.
County: Monongalia
Client called because her daughter keeps threatening to have her declared incompetent, and client is very worried that daughter is greedy and wants her inheritance now. I explained that no one can declare her incompetent without a court proceeding where she would get appointed a lawyer to represent her, and have opportunity to testify and present evidence. I explained both the guardianship/conservatorship and mental hygiene processes to client and explained her legal rights to make her own decisions unless a judge rules she can't.
Friday, March 02, 2007
Uncompensated Transfer of Assets penalty just got better
Effective March 1, 2007, the figure used in West Virginia to calculate the penalty period for uncompensated transfers of assets in the long-term care Medicaid program changed. The WV Bureau for Medical Services (our state's Medicaid agency) divides this figure (which is the private pay nursing home rate) by the the fair market value of the transfer to determine how many months of penalty the Medicaid beneficiary will suffer. For about 8 years the figure they used was $3,380, which especially recently has been seriously below the true average private pay rate in the state. The new figure is $5,087 or $112.65 per day. http://www.wvdhhr.org/bcf/policy/imm/IMManualChanges/451/ch17_10.pdf
The per day fraction is important to know because once WV implements the changes in federal long-term care Medicaid law that were promulgated in the Deficit Reduction Act of 2005 (DRA), penalties will include fractions of the month. Before DRA the penalty period was rounded down to whole months only. Post-DRA implementation the period will also include fractions of a month, eliminating the benefit of transferring just under the value of the monthly private pay rate, which would formerly have resulted in rounding down to 0 months.
The per day fraction is important to know because once WV implements the changes in federal long-term care Medicaid law that were promulgated in the Deficit Reduction Act of 2005 (DRA), penalties will include fractions of the month. Before DRA the penalty period was rounded down to whole months only. Post-DRA implementation the period will also include fractions of a month, eliminating the benefit of transferring just under the value of the monthly private pay rate, which would formerly have resulted in rounding down to 0 months.
Thursday, February 15, 2007
Case of the Week 1/31/07
County: Randolph
Client's Age: 60
Client fell and was injured because of unsafe conditions, and the adverse party's insurance company told Client they would cover all his medical costs plus 60% of his suffering. Later insurance company told Client they were offering to be 60% liable overall. Client thought that meant he would have to pay 40% of his medical expenses out of pocket. Since Client has both Medicare and a Medicare supplement, we explained that Medicare and the supplement would cover whatever they would normally cover after AP's insurance paid their 60% (which is virtually everything), but the fight was between the insurance companies.
Client's Age: 60
Client fell and was injured because of unsafe conditions, and the adverse party's insurance company told Client they would cover all his medical costs plus 60% of his suffering. Later insurance company told Client they were offering to be 60% liable overall. Client thought that meant he would have to pay 40% of his medical expenses out of pocket. Since Client has both Medicare and a Medicare supplement, we explained that Medicare and the supplement would cover whatever they would normally cover after AP's insurance paid their 60% (which is virtually everything), but the fight was between the insurance companies.
Wednesday, January 24, 2007
Case of the Week 1/26/07
County: Hancock
Client's Age: 74
Client has not wanted divorce, but has been living separately from husband for a year and he has stopped giving her any income. Though they have already sold the house and divided the proceeds, she can't live on less than $400 a month which she gets from SS and they have about $10,000 in savings she is worried he will spend. She wants to file for divorce, but is not capable of representing herself and can't afford an attorney. Though she was initially turned down by LAWV, my conversation with her revealed her husband had terrorized her and threatened her with weapons, and she will now qualify for legal representation through a domestic violence program referral.
Client's Age: 74
Client has not wanted divorce, but has been living separately from husband for a year and he has stopped giving her any income. Though they have already sold the house and divided the proceeds, she can't live on less than $400 a month which she gets from SS and they have about $10,000 in savings she is worried he will spend. She wants to file for divorce, but is not capable of representing herself and can't afford an attorney. Though she was initially turned down by LAWV, my conversation with her revealed her husband had terrorized her and threatened her with weapons, and she will now qualify for legal representation through a domestic violence program referral.
Monday, November 27, 2006
Case of the Week 11/22/06
County: Wetzel
Client's Age: 78
Client's husband is applying for Nursing Home Medicaid, and NH is asking for financial information from client to complete the application. Client and husband, however, have been estraned and legally separated for over 30 years. Client was concerned about whether Medicaid Estate Recovery could apply to her home. We explained the federal right of spousal refusal in NH Medicaid law permits client to refuse to cooperate and therefore keep her home out of the consideration entirely.
Client's Age: 78
Client's husband is applying for Nursing Home Medicaid, and NH is asking for financial information from client to complete the application. Client and husband, however, have been estraned and legally separated for over 30 years. Client was concerned about whether Medicaid Estate Recovery could apply to her home. We explained the federal right of spousal refusal in NH Medicaid law permits client to refuse to cooperate and therefore keep her home out of the consideration entirely.
Tuesday, November 14, 2006
Case of the Week 11/14/06
County: Upshur
Client's Age: 67
Client's deceased husband was a coal miner. She had been receiving Black Lung benefits but was notified they were being terminated. We located an experienced attorney to represent her in filing an appeal, and he successfully got her benefits restored.
Client's Age: 67
Client's deceased husband was a coal miner. She had been receiving Black Lung benefits but was notified they were being terminated. We located an experienced attorney to represent her in filing an appeal, and he successfully got her benefits restored.
Monday, November 13, 2006
Case of the Week 11/10/06
County: Brooke
Client's Age: 77
Client's SS benefits have been affected by an overpayment SSA levied under the fairly recently-enacted fugitive felony provisions. Though the underlying warrant was an error that C corrected as soon as SSA notified him of the problem, SSA charged C with a significant overpayment of benefits, and notified him they would stop his check for several months for the repayment. We counseled client to appeal for a hardship waiver, and helped him identify evidence and arguments to support each element of the waiver for use in his appeal.
Client's Age: 77
Client's SS benefits have been affected by an overpayment SSA levied under the fairly recently-enacted fugitive felony provisions. Though the underlying warrant was an error that C corrected as soon as SSA notified him of the problem, SSA charged C with a significant overpayment of benefits, and notified him they would stop his check for several months for the repayment. We counseled client to appeal for a hardship waiver, and helped him identify evidence and arguments to support each element of the waiver for use in his appeal.
Friday, October 27, 2006
Case of the Week 10/27/06
County: Jefferson
Client's Age: 70
Client recently moved into apartment, landlord has ignored her requests to make several repairs. Though most are minor or cosmetic, client had been assured before she moved in they would be fixed and now the client wished she had never taken the place. We reviewed her lease and determined that because it listed no start and end dates, she was actually a month-to-month tenant, and therefore could be released from any further obligation merely by giving 30 days notice that she was moving.
Client's Age: 70
Client recently moved into apartment, landlord has ignored her requests to make several repairs. Though most are minor or cosmetic, client had been assured before she moved in they would be fixed and now the client wished she had never taken the place. We reviewed her lease and determined that because it listed no start and end dates, she was actually a month-to-month tenant, and therefore could be released from any further obligation merely by giving 30 days notice that she was moving.
Thursday, October 19, 2006
Case of the Week 10/19/06
County: Hardy
Age: 72
Client was being harrassed for collection of a debt. After reviewing her assets, income, and expenses she appears collection-proof, so we explained how to write a cease letter to stop the collections calls. Also we reassured her that the kind of income she gets enjoys federal protection from general creditors, and talked generally about how to prioritize her bills based on the different legal rights she has regarding each kind of expense.
Age: 72
Client was being harrassed for collection of a debt. After reviewing her assets, income, and expenses she appears collection-proof, so we explained how to write a cease letter to stop the collections calls. Also we reassured her that the kind of income she gets enjoys federal protection from general creditors, and talked generally about how to prioritize her bills based on the different legal rights she has regarding each kind of expense.
Friday, October 13, 2006
Case of the Week 10/13/06
County: Logan
Age: 75
Our client's former landlord had refused to give her back her security deposit of almost $700, though our client left the apartment clean and undamaged. We wrote a letter to him on her behalf explaining that by law he cannot charge her for normal wear and tear, and he returned her deposit.
Age: 75
Our client's former landlord had refused to give her back her security deposit of almost $700, though our client left the apartment clean and undamaged. We wrote a letter to him on her behalf explaining that by law he cannot charge her for normal wear and tear, and he returned her deposit.
Monday, September 11, 2006
Google Accessible Search for visually impaired users
Google has launched a search engine that "identifies and prioritizes search results that are more easily usable by blind and visually impaired users," according to the FAQ. They don't give much description of the criteria they use to define accessibility, but do link to the W3C accessibility guidelines.
Friday, September 08, 2006
WV Legislature's LOCHHRA committee focuses on Aged & Disabled Waiver
The Legislative Oversight Committee on Health and Human Resources Accountability (LOCHHRA) has an interim meeting scheduled for next Wednesday, Sept. 13 at 10:00am in the House chambers. The agenda for the meeting is the Aged and Disabled Waiver program.
The following legislators are on the committee:
Senator Prezioso Chair
President Tomblin Nonvoting, Ex Officio
Senator Boley
Senator Caruth
Senator Hunter
Senator Sharpe
Senator Unger
Delegate Leach Chair
Speaker Kiss Nonvoting, Ex Officio
Delegate Hall
Delegate Hatfield
Delegate Michael
Delegate Perdue
Delegate Susman
Delegate Boggs Nonvoting
Delegate Border Nonvoting
Delegate Brown Nonvoting
Legislative interim meetings such as this one are open to the public.
The following legislators are on the committee:
Senator Prezioso Chair
President Tomblin Nonvoting, Ex Officio
Senator Boley
Senator Caruth
Senator Hunter
Senator Sharpe
Senator Unger
Delegate Leach Chair
Speaker Kiss Nonvoting, Ex Officio
Delegate Hall
Delegate Hatfield
Delegate Michael
Delegate Perdue
Delegate Susman
Delegate Boggs Nonvoting
Delegate Border Nonvoting
Delegate Brown Nonvoting
Legislative interim meetings such as this one are open to the public.
Wednesday, August 30, 2006
Good website on Home & Community-based Medicaid Waivers
In searching for a copy of our current Aged and Disabled Waiver as approved by CMS (no luck yet), I discovered this website: www.hcbs.org/browse.php/state/188/West%20Virginia/
It's got a variety of interesting specific info on waivers state by state (everything from forms to reports and papers), as well as a variety of info that can help policy makers and advocates working toward more progressive and client-centered services through Medicaid waivers.
For the uninitiated, waivers are optional programs states can use to get federal Medicaid matching dollars to provide services beyond what is included in their state Medicaid plans. There are several different types of waivers available through CMS, and some states have very creative and progressive waivers in place. Unlike state plan services which are generally entitlements for any eligible applicant, the state may limit the number of eligible applicants the waiver will serve, so waitlists are a common problem on waivers.
It's got a variety of interesting specific info on waivers state by state (everything from forms to reports and papers), as well as a variety of info that can help policy makers and advocates working toward more progressive and client-centered services through Medicaid waivers.
For the uninitiated, waivers are optional programs states can use to get federal Medicaid matching dollars to provide services beyond what is included in their state Medicaid plans. There are several different types of waivers available through CMS, and some states have very creative and progressive waivers in place. Unlike state plan services which are generally entitlements for any eligible applicant, the state may limit the number of eligible applicants the waiver will serve, so waitlists are a common problem on waivers.
Monday, August 14, 2006
Case of the Week: 8/18/06
County: Barbour
Age: 85
Our client had moved into senior housing with her husband 25 years ago and have been in the same unit that entire time. The unit is handicapped accessible. When my client moved in, she and her husband signed a document acknowledging that the unit is for handicapped residents and agreed to move out should someone with disabilities need the unit. Since that time, both the client and her husband have developed disabilities. They received a notice from management that a resident who uses a wheelchair requested that unit. I sent management a letter explaining that my client and her husband are both disabled under their definition of disability. Working with their attorney, I was able to keep my client in her unit. Management found another suitable handicapped accessible unit for the other resident.
Age: 85
Our client had moved into senior housing with her husband 25 years ago and have been in the same unit that entire time. The unit is handicapped accessible. When my client moved in, she and her husband signed a document acknowledging that the unit is for handicapped residents and agreed to move out should someone with disabilities need the unit. Since that time, both the client and her husband have developed disabilities. They received a notice from management that a resident who uses a wheelchair requested that unit. I sent management a letter explaining that my client and her husband are both disabled under their definition of disability. Working with their attorney, I was able to keep my client in her unit. Management found another suitable handicapped accessible unit for the other resident.
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