The Kaiser Family Foundation has created an interactive online timeline to show how different provisions of healthcare reform law will be implemented. Users can click along the timeline to expand each provision for more information. You can also customize what appears on the timeline by checking or unchecking boxes for different topics, such as Medicare, prescription drugs, affordability, fraud, and long-term care.
The interactive timeline is part of a larger website dedicated to providing understandable information about healthcare reform. Other pages on the site include flowcharts, videos, and summaries about various aspects of healthcare law including how the individual mandate to acquire insurance will work, how the law affects Medicaid, and a subsidy calculator.
The Kaiser Family Foundation is a non-partisan non-profit private foundation that produces research and policy analysis on healthcare in the US, provides a clearinghouse for public health information, and operates public health campaigns about HIV/AIDS.
Monday, April 11, 2011
Wednesday, April 06, 2011
Long-term Care Facilities and LGBT Adults
One of the first examinations of the LGBT experience with long-term care has resulted in a report called LGBT Older Adults in Long-Term Care Facilities: Stories from the Field. The report looks at an online survey conducted from October 2009 through June 2010 of 769 individuals, 284 of whom identified themselves as LGBT. Other respondents included friends and family of LGBT, service providers, and legal service providers.
The survey did not include a statistically representative sample. Rather it gathered hundreds of personal comments and stories about fears, expectations, incidents, mistreatment, and issues faced by LGBT older adults in long-term care facilities.
The survey and report were produced by a collaborative including the National Senior Citizens Law Center (NSCLC), Lambda Legal, the National Center for Lesbian Rights (NCLR), the National Center for Transgender Equality, the National Gay and Lesbian Task Force, and Services and Advocacy for GBLT Elders (SAGE).
The report includes recommendations for policymakers and best practice suggestions for long-term care providers. Many of the stories in the report illustrate how being open about sexual orientation and sexual identity can be very frightening for LGBT adults in long-term care. Fears of discrimination, harassment, denial of care, or abuse or neglect highlighted by the respondents also point to a need for training our long-term workforce in LGBT cultural competence.
The entire report, as well as video stories, key findings and recommendations, are available at www.lgbtlongtermcare.org.
The survey did not include a statistically representative sample. Rather it gathered hundreds of personal comments and stories about fears, expectations, incidents, mistreatment, and issues faced by LGBT older adults in long-term care facilities.
The survey and report were produced by a collaborative including the National Senior Citizens Law Center (NSCLC), Lambda Legal, the National Center for Lesbian Rights (NCLR), the National Center for Transgender Equality, the National Gay and Lesbian Task Force, and Services and Advocacy for GBLT Elders (SAGE).
The report includes recommendations for policymakers and best practice suggestions for long-term care providers. Many of the stories in the report illustrate how being open about sexual orientation and sexual identity can be very frightening for LGBT adults in long-term care. Fears of discrimination, harassment, denial of care, or abuse or neglect highlighted by the respondents also point to a need for training our long-term workforce in LGBT cultural competence.
The entire report, as well as video stories, key findings and recommendations, are available at www.lgbtlongtermcare.org.
Monday, April 04, 2011
The results are in, we made the Top 25!!
Thank you to everyone who voted for us, we made the LexisNexis Top 25 Estate Probate and Elderlaw Blogs of 2011!!!
Please consider checking out the LexisNexis Estate Planning & Elder Law Community to participate in an online community of elderlaw professionals.
Please consider checking out the LexisNexis Estate Planning & Elder Law Community to participate in an online community of elderlaw professionals.
Monday, March 28, 2011
MIT AgeLab
Exploration and development in science and technology for healthier aging is happening at MIT's AgeLab. The lab uses unique tools and methods to study the impacts of aging and how we can use technology to accommodate the needs of people as they age. The driving simulator Miss Daisy and the aging simulator suit AGNES help MIT's researchers collect data about the experiences of older people doing the things they do in everyday living.
Thursday, March 17, 2011
Older Americans Month, May 2011
May 2011 is Older Americans Month and the theme this year is Older Americans: Connecting the Community.The federal Administration on Aging explains: "The theme pays homage to the many ways in which older adults bring inspiration and continuity to the fabric of our communities. Their shared histories, diverse experiences, and wealth of knowledge have made our culture, economy, and local character what they are today. The theme also highlights the many ways technology is helping older Americans live longer, healthier and more engaged lives.
In fact, older Americans are more active in community life than ever before, thanks in part to advances in health care, education, technology, and financial stability over the last several decades that have greatly increased their vitality and standard of living. Older adults are out and about giving back and making a difference in their community.
Our seniors are mentoring the leaders of tomorrow, taking to heart the need for intergenerational learning to guide and inspire young minds. They offer a take on times gone by not discussed in any history class—a unique perspective that sheds new light on contemporary issues.
Older Americans step up to help one another as well. Across the country, seniors connect with other seniors by delivering meals, helping with home repair, assisting with shopping, and offering companionship, counseling, and care. Their efforts remind us that when older adults are active and engaged in their communities, everyone benefits."
Wednesday, March 02, 2011
This blog nominated for a Lexis Nexis Top 25 of 2011! Please help us win!
What a nice surprise, we've been nominated for the Top 25 Estate, Probate, and Elderlaw blogs!
If you want to help us win please comment on this LexisNexis community page (click graphic below), register for the community on the right-hand side (I know I'm asking a lot here!), and post a comment saying you vote for WV Aging and Law blog!
Each comment is counted as a vote toward the supported blog. To submit a comment, visitors need to log on to their free Communities account. If you haven’t previously registered, you can do so on the LexisNexis Estate Practice & Elder Law Community for free. The comment box is at the very bottom of the page. The comment period for nominations ends on March 31, 2011. On April 1, we will post the Top 25 Estate, Probate and Elder Law Blogs of 2011 based on votes received. Thereafter, our community will vote on the Top Blog through a Zoomerang survey. I anticipate the final announcement to be made on or before April 15.
Thank you in advance for even considering it.
If you want to help us win please comment on this LexisNexis community page (click graphic below), register for the community on the right-hand side (I know I'm asking a lot here!), and post a comment saying you vote for WV Aging and Law blog!
Each comment is counted as a vote toward the supported blog. To submit a comment, visitors need to log on to their free Communities account. If you haven’t previously registered, you can do so on the LexisNexis Estate Practice & Elder Law Community for free. The comment box is at the very bottom of the page. The comment period for nominations ends on March 31, 2011. On April 1, we will post the Top 25 Estate, Probate and Elder Law Blogs of 2011 based on votes received. Thereafter, our community will vote on the Top Blog through a Zoomerang survey. I anticipate the final announcement to be made on or before April 15.
Thank you in advance for even considering it.
Thursday, February 17, 2011
FTC rule helps stop mortgage relief scams
Companies who offer to provide mortgage relief for homeowners who are having trouble keeping up with their mortgages and who seek loan modifications or other relief are not always the good guys. Some scammers have sprung up during the current mortgage crisis who will offer this kind of assistance, charge fees up front, then string the consumer along ultimately providing no relief, and usually leaving the consumer worse off.
The Federal Trade Commission (FTC) has issued a rule that became effective January 31, 2011 prohibiting companies offering mortgage assistance from charging fees up front. The rule also provides that if a company offers some kind of specific mortgage relief the consumer may reject the offer without obligation. A fee can only become due if the consumer accepts the mortgage relief offer.
Licensed attorneys who provide mortgage assistance relief services as part of the practice of law are exempt from the advance fee ban, but must comply with state laws governing attorney conduct, including rules about placing advance fees in client trust accounts, where required (such as in West Virginia).
Consumers can get more specific information about how to protect themselves from mortgage relief scams from the FTC website and this downloadable publication "Mortgage Assistance Relief Scams: Another potential Stress for Homeowners in Distress."
The Federal Trade Commission (FTC) has issued a rule that became effective January 31, 2011 prohibiting companies offering mortgage assistance from charging fees up front. The rule also provides that if a company offers some kind of specific mortgage relief the consumer may reject the offer without obligation. A fee can only become due if the consumer accepts the mortgage relief offer.
Licensed attorneys who provide mortgage assistance relief services as part of the practice of law are exempt from the advance fee ban, but must comply with state laws governing attorney conduct, including rules about placing advance fees in client trust accounts, where required (such as in West Virginia).
Consumers can get more specific information about how to protect themselves from mortgage relief scams from the FTC website and this downloadable publication "Mortgage Assistance Relief Scams: Another potential Stress for Homeowners in Distress."
Monday, February 14, 2011
Celebrating Black History Month: J. R. Clifford
West Virginia's first African-American attorney, J. R. Clifford, was born in 1848 in Williamsport, Virginia (now Grant County, West Virginia). He was also a newspaper writer, editor, and publisher, civil war veteran, and a grandfather.
Clifford brought the case of Williams v. Board of Education, which established in 1898 that African-American school children had equal rights to public education in West Virginia, over 50 years before the landmark Brown v. Board of Education would establish that principle for the rest of the nation.
When Clifford was nearly 60 years old he and W. E. B. Du Bois founded the Niagara Movement for equal rights and the end of segregation. He helped plan the movement's first meeting in Harper's Ferry at his alma mater Storer College. The Niagara Movement, named for the mighty current of Niagara Falls, was a progressive counter-movement to the non-confrontational approach to civil rights promoted by Booker T. Washington and other black leaders of the time. Niagara's principles extended to equality for all people, including suffrage for women.
Clifford's life and work is celebrated throughout West Virginia in reenactments of the Williams trial, republication of many of his writings, and public and school programs produced through the J. R. Clifford Project.
Clifford brought the case of Williams v. Board of Education, which established in 1898 that African-American school children had equal rights to public education in West Virginia, over 50 years before the landmark Brown v. Board of Education would establish that principle for the rest of the nation.When Clifford was nearly 60 years old he and W. E. B. Du Bois founded the Niagara Movement for equal rights and the end of segregation. He helped plan the movement's first meeting in Harper's Ferry at his alma mater Storer College. The Niagara Movement, named for the mighty current of Niagara Falls, was a progressive counter-movement to the non-confrontational approach to civil rights promoted by Booker T. Washington and other black leaders of the time. Niagara's principles extended to equality for all people, including suffrage for women.
Clifford's life and work is celebrated throughout West Virginia in reenactments of the Williams trial, republication of many of his writings, and public and school programs produced through the J. R. Clifford Project.
Wednesday, February 09, 2011
Federal Poverty Guidelines for 2011
The US Department of Health and Human Services (HHS) annually issues the Federal Poverty Guidelines used to determine income eligibility for many means-tested benefits and programs. Here are the figures for 2011:
Federal Register, Vol. 76, No. 13, January 20, 2011, pp. 3637-3638
Family Size | Gross Yearly Income | Gross Monthly Income |
1 | $10,890 | $908 |
2 | $14,710 | $1,226 |
3 | $18,530 | $1,544 |
4 | $22,350 | $1,863 |
5 | $26,170 | $2,181 |
6 | $29,990 | $2,499 |
7 | $33,810 | $2,818 |
8 | $37,630 | $3,136 |
add'l | +$3,820 | +$318 |
Federal Register, Vol. 76, No. 13, January 20, 2011, pp. 3637-3638
Monday, January 24, 2011
Sargent Shriver, 1915-2011
One of the 20th century's great leaders in the movement for peace through justice died this week. Sargent Shriver, father of Maria Shriver and brother-in-law of President John F. Kennedy and Senators Robert Kennedy and Edward Kennedy, was the architect President Lyndon Johnson's "War on Poverty." His work led to the creation of the Peace Corps, Job Corps, VISTA, and Head Start programs. His approach to peacebuilding, what he called "practical idealism," focused on promoting human dignity and eliminating poverty.
Shriver was a lawyer as well as a civic leader and Navy veteran.
Shriver was a lawyer as well as a civic leader and Navy veteran.
Monday, January 03, 2011
Olmstead enforcement action filed in Washington, D.C.
A class action lawsuit, Day v. Fenty, has been filed in federal district court against the District of Columbia on behalf of between 500 and 1000 residents of nursing homes in the city who want to live independently in the community but have not been able to secure the services they need to do so. The suit alleges that the District's failure to take adequate steps to transition these residents into the community violates the Americans with Disabilities Act, as interpreted in the landmark Olmstead decision of 1999.
Attorneys representing the class include AARP Foundation Litigation, the law firm Arent Fox, LLP, and University Legal Services (the federally mandated protection and advocacy system for people with disabilities in the District) . Read the complaint on the University Legal Services website here.
One of the representative members of the class is 75 year old Edward Day, retired from 37 years as an employee of the D.C. Department of Human Services. Though he was active in the community, going to church, movies, and clubs before he became a nursing home resident, he has not left the facility except to go to the hospital in 4 years. "Once you get inside that gate, you're inside a jail," Day explains.
Here is a link to an article the lawsuit in December 22, 2010 issue of the Washington post www.washingtonpost.com/wp-dyn/content/article/2010/12/22/AR2010122204704_2.html
Attorneys representing the class include AARP Foundation Litigation, the law firm Arent Fox, LLP, and University Legal Services (the federally mandated protection and advocacy system for people with disabilities in the District) . Read the complaint on the University Legal Services website here.
One of the representative members of the class is 75 year old Edward Day, retired from 37 years as an employee of the D.C. Department of Human Services. Though he was active in the community, going to church, movies, and clubs before he became a nursing home resident, he has not left the facility except to go to the hospital in 4 years. "Once you get inside that gate, you're inside a jail," Day explains.
Here is a link to an article the lawsuit in December 22, 2010 issue of the Washington post www.washingtonpost.com/wp-dyn/content/article/2010/12/22/AR2010122204704_2.html
Thursday, December 16, 2010
Warning to veterans and people who serve them
WARNING TO VETERANS - Forwarded by Kevin Secor, VSO Liaison, Office of the Secretary of the Department of Veterans Affairs.
An organization called Veterans Affairs Services (VAS) is providing benefit and general information on VA and gathering personal information on veterans. This organization is not affiliated with VA in any way.
VAS may be gaining access to military personnel through their close resemblance to the VA name and seal. Our Legal Counsel has requested that we coordinate with DoD to inform military installations, particularly mobilization sites, of this group and their lack of affiliation or endorsement by VA to provide any services.
In addition, GC requests that if you have any examples of VAS acts that violate chapter 59 of Title 38 United States Code, such as VAS employees assisting veterans in the preparation and presentation of claims for
benefits, please pass any additional information to Mr. Daugherty at the address below.
Michael G. Daugherty
Staff Attorney
Department of Veterans Affairs
Office of General Counsel (022G2)
An organization called Veterans Affairs Services (VAS) is providing benefit and general information on VA and gathering personal information on veterans. This organization is not affiliated with VA in any way.
VAS may be gaining access to military personnel through their close resemblance to the VA name and seal. Our Legal Counsel has requested that we coordinate with DoD to inform military installations, particularly mobilization sites, of this group and their lack of affiliation or endorsement by VA to provide any services.
In addition, GC requests that if you have any examples of VAS acts that violate chapter 59 of Title 38 United States Code, such as VAS employees assisting veterans in the preparation and presentation of claims for
benefits, please pass any additional information to Mr. Daugherty at the address below.
Michael G. Daugherty
Staff Attorney
Department of Veterans Affairs
Office of General Counsel (022G2)
Tuesday, December 14, 2010
Increase in Deduction for LTC Insurance premiums for 2010 tax year
There is a slight increase of about 3% for tax year 2010 in the amount of long-term care insurance premiums that can be deductible. To take advantage of the increase your premium payment needs to be made before 12/31/10. Here is what the IRS says about the long-term care tax deduction:
This information is taken from IRS Publication 502, Medical and Dental Expenses which you can find at www.irs.gov/publications/p502/ar02.html
Qualified Long-Term Care Insurance Contracts
A qualified long-term care insurance contract is an insurance contract that provides only coverage of qualified long-term care services. The contract must:
Be guaranteed renewable,
Not provide for a cash surrender value or other money that can be paid, assigned, pledged, or borrowed,
Provide that refunds, other than refunds on the death of the insured or complete surrender or cancellation of the contract, and dividends under the contract must be used only to reduce future premiums or increase future benefits, and
Generally not pay or reimburse expenses incurred for services or items that would be reimbursed under Medicare, except where Medicare is a secondary payer, or the contract makes per diem or other periodic payments without regard to expenses.
The amount of qualified long-term care premiums you can include is limited. You can include the following as medical expenses on Schedule A (Form 1040).
Qualified long-term care premiums up to the amounts shown below.
Age 40 or under – $320.
Age 41 to 50 – $600.
Age 51 to 60 – $1,190.
Age 61 to 70 – $3,180.
Age 71 or over – $3,980.
Unreimbursed expenses for qualified long-term care services.
Note. The limit on premiums is for each person.
Also, if you are an eligible retired public safety officer, you cannot include premiums for long-term care insurance if you elected to pay these premiums with tax-free distributions from a qualified retirement plan made directly to the insurance provider and these distributions would otherwise have been included in your income.
This information is taken from IRS Publication 502, Medical and Dental Expenses which you can find at www.irs.gov/publications/p502/ar02.html
Monday, November 29, 2010
Kanawha County Prosecutor's office expanding elderabuse intervention
Rob Schulenburg, Assistance Prosecutor for Kanawha County, explains how elderabuse and financial exploitation of seniors is seriously underreported and takes substantial resources to investigate and prosecute in this article in today's Charleston Daily Mail. His boss, the elected Prosecutor Mark Plants is allowing 3 more assistant prosecutors to work on elderabuse cases in Kanawha County.
Monday, November 15, 2010
Medicare Premiums and Deductibles 2011
Part A generally pays inpatient hospital, skilled nursing facility, and some home health. Most beneficiaries do not pay a premium for Part A since they have at least 40 quarters of Medicare-covered employment.
Part B generally pays a portion of the cost of physician services, outpatient hospital services, certain home health services, durable medical equipment, and other items.
Here below are the premiums, deductibles, and copays for Medicare Parts A and B for 2011:
Part B generally pays a portion of the cost of physician services, outpatient hospital services, certain home health services, durable medical equipment, and other items.
Here below are the premiums, deductibles, and copays for Medicare Parts A and B for 2011:
| Part A | ||
| Hospital Deductible | $1132 | |
| Hospital Copay | days 61-90 | $238/day |
| days 90+ | $566/day | |
| Skilled Nursing Facility Copay | days 21-100 | $141.50 |
| Part B | ||
| Premium for individual by income | <$85k | $115.40 |
| $85k to $107k | $161.5 | |
| $107k to $160k | $230.70 | |
| $160k to $214k | $299.90 | |
| >$214k | $369.10 |
Monday, November 01, 2010
Apply for WV LIEAP 12/6 to 12/10
Low Income Energy Assistance Program - (LIEAP)
LIEAP will officially open for general intake on Monday, December 6th, and close at the end of the day on Friday, December 10th. Applications may be obtained at local DHHR offices, Community Action agencies, and county senior centers. The online application will also be available on the DHHR website at www.wvinroads.org. In situations where a heating emergency exists, applicants must be seen by a DHHR Worker.
The Low Income Energy Assistance Program (LIEAP) assists eligible households with the cost of home heating through direct cash payments or payments to utility companies on their behalf. A crisis component is available for households without resources facing the loss of a heating source. Eligibility for both program components is based on a combination of factors, including income, type of heating payment, and total heating costs.
LIEAP is funded entirely by a federal block grant. The program's duration and the amount of the payment is dependent on the amount of the grant. A portion of the grant is transferred to the Office of Economic Opportunity for the Weatherization Program. Applicants for LIEAP may be referred to Weatherization for additional assistance.
The Division of Family Assistance (DFA) operates LIEAP in each of the DHHR field offices for a short time each winter, usually beginning with an automated payment or a mail-out to targeted households. In addition, DFA contracts with the Community Action network and with regional Agency on Aging offices to perform outreach and accept LIEAP applications at their local sites.
View the FY 2011 LIEAP Fact Sheet below for further information, including income guidelines. If you have questions, please contact your local County Office.
FY 2011 Fact Sheet
20% Discount Program
The Special Reduced Residential Service Rate Program (20% Utility Discount Program) was established by statute to assist certain eligible participants in receiving a 20% discount from their electric and/or gas company.
In order to be eligible for this rate reduction, one must be a recipient of either SSI, WV WORKS, or SNAP (former Food Stamp Program) AND be 60 years of age or older. One must be a recipient of one of these programs during November, December, January, February, and March to get the discount for that month.
The electric and/or gas company will be responsible for determining your eligibility for the Special Reduced Residential Service Rate.
Tel-Assistance/LIFELINE and Link-Up
Through Tel-Assistance/Lifeline, telephone companies offer reduced basic service to eligible low-income elderly and disabled customers. The Division of Family Assistance issues applications to eligible recipients and provides ongoing eligibility information to the telephone companies and informs them when customers are no longer eligible for Tel-Assistance. This is handled centrally by the Division of Family Assistance.
Through Link Up, telephone companies offer a discount on telephone installation to low-income households. Applications and certification of eligibility are handled centrally by the Division of Family Assistance.
LIEAP will officially open for general intake on Monday, December 6th, and close at the end of the day on Friday, December 10th. Applications may be obtained at local DHHR offices, Community Action agencies, and county senior centers. The online application will also be available on the DHHR website at www.wvinroads.org. In situations where a heating emergency exists, applicants must be seen by a DHHR Worker.
The Low Income Energy Assistance Program (LIEAP) assists eligible households with the cost of home heating through direct cash payments or payments to utility companies on their behalf. A crisis component is available for households without resources facing the loss of a heating source. Eligibility for both program components is based on a combination of factors, including income, type of heating payment, and total heating costs.
LIEAP is funded entirely by a federal block grant. The program's duration and the amount of the payment is dependent on the amount of the grant. A portion of the grant is transferred to the Office of Economic Opportunity for the Weatherization Program. Applicants for LIEAP may be referred to Weatherization for additional assistance.
The Division of Family Assistance (DFA) operates LIEAP in each of the DHHR field offices for a short time each winter, usually beginning with an automated payment or a mail-out to targeted households. In addition, DFA contracts with the Community Action network and with regional Agency on Aging offices to perform outreach and accept LIEAP applications at their local sites.
View the FY 2011 LIEAP Fact Sheet below for further information, including income guidelines. If you have questions, please contact your local County Office.
FY 2011 Fact Sheet
20% Discount Program
The Special Reduced Residential Service Rate Program (20% Utility Discount Program) was established by statute to assist certain eligible participants in receiving a 20% discount from their electric and/or gas company.
In order to be eligible for this rate reduction, one must be a recipient of either SSI, WV WORKS, or SNAP (former Food Stamp Program) AND be 60 years of age or older. One must be a recipient of one of these programs during November, December, January, February, and March to get the discount for that month.
The electric and/or gas company will be responsible for determining your eligibility for the Special Reduced Residential Service Rate.
Tel-Assistance/LIFELINE and Link-Up
Through Tel-Assistance/Lifeline, telephone companies offer reduced basic service to eligible low-income elderly and disabled customers. The Division of Family Assistance issues applications to eligible recipients and provides ongoing eligibility information to the telephone companies and informs them when customers are no longer eligible for Tel-Assistance. This is handled centrally by the Division of Family Assistance.
Through Link Up, telephone companies offer a discount on telephone installation to low-income households. Applications and certification of eligibility are handled centrally by the Division of Family Assistance.
Thursday, October 28, 2010
Pro Bono Appreciation Week 2010
West Virginia Senior Legal Aid (WVSLA) and Legal Aid of West Virginia (LAWV) partnered to produce Free Days at the senior centers in Monongalia County and Randolph County this week in celebration of Pro Bono Appreciation Week. A Free Day brings local private attorneys to provide a free 30 minute consultation with any member of the community who wants one. We impose no eligibility requirements on clients for free days, they may be any age or any income.
Senior centers are wonderful places to hold these events, and both the Monongalia and Randolph County senior center staff kindly and generously provided us private meeting spaces, free parking, coffee, and hospitality. Many of the clients we served were seniors, but for some younger people in the community the event provided an opportunity to come see the local senior center for the first time.
WVSLA and LAWV send their special thanks to all the local attorneys who donated their time at our Free Days!
Senior centers are wonderful places to hold these events, and both the Monongalia and Randolph County senior center staff kindly and generously provided us private meeting spaces, free parking, coffee, and hospitality. Many of the clients we served were seniors, but for some younger people in the community the event provided an opportunity to come see the local senior center for the first time.
WVSLA and LAWV send their special thanks to all the local attorneys who donated their time at our Free Days!
Thursday, October 21, 2010
Medicare open enrollment 11/15, important changes this year
Healthcare reform made some changes to Medicare that make careful review of your options during open enrollment more important than ever this year. You have probably heard about cuts to Medicare, at least in the wide array of negative campaign advertising this election season, but actually Medicare coverage is expanded under the reforms, not cut. Medicare reimbursements to managed care plans is among what got cut, not benefits to seniors. Therefore, if you have been enrolled in managed care for your Part A and Part B coverages you may find in 2011 that traditional Medicare's expanded benefits may suit your needs better than they did in 2010 and before.
In particular, preventive care will have no copayments and not be subject to deductibles for Medicare starting January 1, 2011.
The Donut Hole is slowly closing under healthcare reform, as well. In 2011 Medicare beneficiaries in the donut hole will get a 50% discount on brand-name drugs and a 7% discount on generics, but the entire cost of the drug will count toward their out-of-pocket spending toward getting back out of the donut hole. The donut hole is eliminated entirely by 2020 under the current law.
So this year it may be particularly useful to review your Medicare enrollment options during the open enrollment period, because the changes in the law may make a new option more effective for you.
In particular, preventive care will have no copayments and not be subject to deductibles for Medicare starting January 1, 2011.
The Donut Hole is slowly closing under healthcare reform, as well. In 2011 Medicare beneficiaries in the donut hole will get a 50% discount on brand-name drugs and a 7% discount on generics, but the entire cost of the drug will count toward their out-of-pocket spending toward getting back out of the donut hole. The donut hole is eliminated entirely by 2020 under the current law.
So this year it may be particularly useful to review your Medicare enrollment options during the open enrollment period, because the changes in the law may make a new option more effective for you.
Wednesday, October 20, 2010
Learn about abuse in later life
Abuse in Later Life: A Focus on Parents Abused by Adult Children
This free training will provide an overview of the dynamics of abuse in later life when adult children abuse their parents. The training will utilize video clips of survivors to aid in discussion, analysis, and strategies for developing safety and accountability plans.
Intended Audience: DV, sexual assault & system based victim advocates, APS workers
and community providers working with people in later life.
Continuing Education: 3 Hours SW (Provider ##490098);
3 Hours DVAC (Cultural Competency)
November 8, 2010
Mine Academy, Beckley, WV
December 10, 2010
WVCADV office, Elkview, WV
January 11, 2011
Lewis County DHHR
Weston WV
February 17, 2011
YWCA, Wheeling, WV
May 16, 2011
Berkeley County DHHR
Martinsburg WV
Registration Deadline:
Two Days Before Training Date
Abuse in Later Life::
A Focus on Parents
Abused by Adult Children
Agenda:
1:00 Understanding Abuse in Later Life
1:30 “A Mother Never Gives Up Hope” Older Mothers & Abusive Adult Sons
2:30 Break
2:45 Strategizing: Safety, Accountability & Resources
4:00 Adjourn
For more information and to register please contact Joyce Yedlosky, 304‐965‐3552; joyce at wvcadv.org
This free training will provide an overview of the dynamics of abuse in later life when adult children abuse their parents. The training will utilize video clips of survivors to aid in discussion, analysis, and strategies for developing safety and accountability plans.
Intended Audience: DV, sexual assault & system based victim advocates, APS workers
and community providers working with people in later life.
Continuing Education: 3 Hours SW (Provider ##490098);
3 Hours DVAC (Cultural Competency)
November 8, 2010
Mine Academy, Beckley, WV
December 10, 2010
WVCADV office, Elkview, WV
January 11, 2011
Lewis County DHHR
Weston WV
February 17, 2011
YWCA, Wheeling, WV
May 16, 2011
Berkeley County DHHR
Martinsburg WV
Registration Deadline:
Two Days Before Training Date
Abuse in Later Life::
A Focus on Parents
Abused by Adult Children
Agenda:
1:00 Understanding Abuse in Later Life
1:30 “A Mother Never Gives Up Hope” Older Mothers & Abusive Adult Sons
2:30 Break
2:45 Strategizing: Safety, Accountability & Resources
4:00 Adjourn
For more information and to register please contact Joyce Yedlosky, 304‐965‐3552; joyce at wvcadv.org
Wednesday, September 29, 2010
Do you know blind or visually impaired SSA or SSI recipients?
from the National Senior Citizens Law Center:
STANDARD PRINT NOTICE NOT SUFFICIENT FOR BLIND & VISUALLY IMPAIRED
Some 3 million blind and visually impaired Social Security beneficiaries -- two thirds over age 80 -- are entitled to receive notices about their benefits in Braille or on a Microsoft CD thanks to a successful lawsuit. However, some 80% of those in the class affected by this decision have never been notified of this right. The Social Security Administration (SSA) is only able to identify a small percentage (about 20%) of the blind and visually impaired beneficiaries receiving benefits, leaving 80% of those entitled to relief without notice.
Full implementation is an ongoing challenge. The court ordered SSA to send notice of the newly mandated options and how to request them to everyone receiving benefits who the agency knew to be blind or visually impaired. And, the agency has already done so. However, there is a problem since most people who are blind or visually impaired receive benefits on the basis of age, the agency may not know who does or doesn't have vision issues.
The plaintiffs in the case were represented by the Disability Rights Education and Defense Fund (DREDF), Howrey, LLP and Heller, Ehrman, LLP and the National Senior Citizens Law Center.
THE CASE: American Council of the Blind v. Astrue
This national class action challenged the Social Security Administration's (SSA) policy of refusing to provide more than a standard print notice to most blind and visually impaired people receiving benefits or serving as a representative payee for someone receiving benefits. In late 2009, a federal court in San Francisco ruled in favor of plaintiffs after a trial and issued an order requiring SSA to begin offering blind and visually impaired beneficiaries and representative payees a choice of several different formats for receiving notices from the agency. The ruling applies to both the Social Security and Supplemental Security Income (SSI) programs and represents a major victory for a particularly vulnerable group of older Americans.
THE PEOPLE: DOROTHY JACKSON
Dorothy Jackson, who was age 80 at the start of the case in 2005, is typical of the many people in the class represented in the lawsuit. Many older adults suffer visual impairment and some have conditions that cause blindness. Blindness can be caused by macular degeneration, glaucoma, cataracts or advanced cases of diabetes. As a result of these and other diseases most blind and visually impaired people in America are of advanced age, with two-thirds being more than 80 years old. Ms. Jackson, who received a small Social Security Retirement benefit supplemented by a small SSI check, lived with her late husband in a small apartment in North Hollywood, California. She was completely blind in one eye and had limited vision in the other as a result of macular degeneration. Her husband had an advanced stage of Alzheimer's disease and she served as representative payee for him.
From time to time, Ms. Jackson received standard print notices on her continuing SSI eligibility or that of her husband. When she asked SSA to send these notices in large print format, she was told that it could not be done. Instead, agency staff suggested that she ask a neighbor to read the notices to her. In addition, she was required to fill out an annual representative payee accounting form, also in standard print format. While she took care of all the family finances (she received bank statements in large print) and knew all the information required on the form, she could not see the form well enough to know where to fill in the information. As a result, she had to seek help and had to divulge private family financial information to others.
THE RESULTS:
As a result of the litigation, blind and visually impaired beneficiaries and representative payees will now be entitled to receive notices about their benefits in their choice of 1) Braille or 2) a Microsoft Word CD. Most SSA notices are already available in both formats, with remaining notices expected to be available in them by September 30, 2010. In addition, SSA expects to make large print and audio CD notices available sometime in 2011. Until that time,individuals requesting large print or audio CD can receive notices in an interim alternate format, e.g., Microsoft Word CD or standard print followed by a telephone call.
Before the lawsuit, SSA's policy was to offer notices only in standard print format except in a small percentage of cases in which blindness was the basis for receiving benefits. Even then, they only offered two other options 1) the same standard print notice sent by certified mail or 2) a standard print notice sent by regular first class mail followed by a telephone call, although the promised phone call was usually not made.
In a strongly worded decision, Judge William Alsup castigated the agency for its "lame excuses for noncompliance" and ordered SSA to offer communications in both Braille and a navigable Microsoft Word CD, not just in a standard print format. He also ordered the agency to establish a procedure for someone who cannot read any of these formats to ask for another alternative. However, the individual making the request must demonstrate why one of the automatically offered formats is not adequate.
In the course of the litigation, SSA objected strenuously to any requirement to provide notices in large print or audio format. However, they did agree after the court issued its decision to provide these options automatically beginning in 2011 to anyone requesting them. Had the agency not agreed to do so they probably would have been overwhelmed with the need to adjudicate a large number of special requests for alternative formats as required by the court's order.
HOW DOES SOMEONE REQUEST
AN ALTERNATE FORMAT?
Individuals can request an alternative format on-line http://www.socialsecurity.gov/notices SSA has also established a dedicated automated phone line (877-708-1776) both in English and Spanish for requesting alternative formats.
WHAT IF NONE OF THE FORMATS WORK?
An individual can request another format, but must be able to specify which format they need and why one of the automatically available formats will not work for them. Such requests need to be made at a Social Security office or by calling the national SSA 800 number (800-772-1213). It is important that individuals keep a record of the request date and the names and locations of the SSA staff to whom the request is made. SSA must respond to such requests within 45 days and must send its decision in large print. The request can be denied only if SSA determines that one of the automatically available formats is effective for the individual or that providing the requested format would constitute an "undue burden" on the agency. However, denials can be appealed through SSA's administrative appeals process.
CONTACTS FOR ADVOCATES
The Disability Rights Education & Defense Fund (DREDF) is monitoring implementation and is available for assistance to individuals who encounter difficulty in their alternative format request. They can be reached at ssaclassaction@dredf.org or at 800-348-4232. The group is also conducting an on-line survey to receive feedback on the experience relating to people requesting alternative formats. The survey can be found at http://www.surveymonkey.com/s/68JKVW5.
STANDARD PRINT NOTICE NOT SUFFICIENT FOR BLIND & VISUALLY IMPAIRED
Some 3 million blind and visually impaired Social Security beneficiaries -- two thirds over age 80 -- are entitled to receive notices about their benefits in Braille or on a Microsoft CD thanks to a successful lawsuit. However, some 80% of those in the class affected by this decision have never been notified of this right. The Social Security Administration (SSA) is only able to identify a small percentage (about 20%) of the blind and visually impaired beneficiaries receiving benefits, leaving 80% of those entitled to relief without notice.
Full implementation is an ongoing challenge. The court ordered SSA to send notice of the newly mandated options and how to request them to everyone receiving benefits who the agency knew to be blind or visually impaired. And, the agency has already done so. However, there is a problem since most people who are blind or visually impaired receive benefits on the basis of age, the agency may not know who does or doesn't have vision issues.
The plaintiffs in the case were represented by the Disability Rights Education and Defense Fund (DREDF), Howrey, LLP and Heller, Ehrman, LLP and the National Senior Citizens Law Center.
THE CASE: American Council of the Blind v. Astrue
This national class action challenged the Social Security Administration's (SSA) policy of refusing to provide more than a standard print notice to most blind and visually impaired people receiving benefits or serving as a representative payee for someone receiving benefits. In late 2009, a federal court in San Francisco ruled in favor of plaintiffs after a trial and issued an order requiring SSA to begin offering blind and visually impaired beneficiaries and representative payees a choice of several different formats for receiving notices from the agency. The ruling applies to both the Social Security and Supplemental Security Income (SSI) programs and represents a major victory for a particularly vulnerable group of older Americans.
THE PEOPLE: DOROTHY JACKSON
Dorothy Jackson, who was age 80 at the start of the case in 2005, is typical of the many people in the class represented in the lawsuit. Many older adults suffer visual impairment and some have conditions that cause blindness. Blindness can be caused by macular degeneration, glaucoma, cataracts or advanced cases of diabetes. As a result of these and other diseases most blind and visually impaired people in America are of advanced age, with two-thirds being more than 80 years old. Ms. Jackson, who received a small Social Security Retirement benefit supplemented by a small SSI check, lived with her late husband in a small apartment in North Hollywood, California. She was completely blind in one eye and had limited vision in the other as a result of macular degeneration. Her husband had an advanced stage of Alzheimer's disease and she served as representative payee for him.
From time to time, Ms. Jackson received standard print notices on her continuing SSI eligibility or that of her husband. When she asked SSA to send these notices in large print format, she was told that it could not be done. Instead, agency staff suggested that she ask a neighbor to read the notices to her. In addition, she was required to fill out an annual representative payee accounting form, also in standard print format. While she took care of all the family finances (she received bank statements in large print) and knew all the information required on the form, she could not see the form well enough to know where to fill in the information. As a result, she had to seek help and had to divulge private family financial information to others.
THE RESULTS:
As a result of the litigation, blind and visually impaired beneficiaries and representative payees will now be entitled to receive notices about their benefits in their choice of 1) Braille or 2) a Microsoft Word CD. Most SSA notices are already available in both formats, with remaining notices expected to be available in them by September 30, 2010. In addition, SSA expects to make large print and audio CD notices available sometime in 2011. Until that time,individuals requesting large print or audio CD can receive notices in an interim alternate format, e.g., Microsoft Word CD or standard print followed by a telephone call.
Before the lawsuit, SSA's policy was to offer notices only in standard print format except in a small percentage of cases in which blindness was the basis for receiving benefits. Even then, they only offered two other options 1) the same standard print notice sent by certified mail or 2) a standard print notice sent by regular first class mail followed by a telephone call, although the promised phone call was usually not made.
In a strongly worded decision, Judge William Alsup castigated the agency for its "lame excuses for noncompliance" and ordered SSA to offer communications in both Braille and a navigable Microsoft Word CD, not just in a standard print format. He also ordered the agency to establish a procedure for someone who cannot read any of these formats to ask for another alternative. However, the individual making the request must demonstrate why one of the automatically offered formats is not adequate.
In the course of the litigation, SSA objected strenuously to any requirement to provide notices in large print or audio format. However, they did agree after the court issued its decision to provide these options automatically beginning in 2011 to anyone requesting them. Had the agency not agreed to do so they probably would have been overwhelmed with the need to adjudicate a large number of special requests for alternative formats as required by the court's order.
HOW DOES SOMEONE REQUEST
AN ALTERNATE FORMAT?
Individuals can request an alternative format on-line http://www.socialsecurity.gov/notices SSA has also established a dedicated automated phone line (877-708-1776) both in English and Spanish for requesting alternative formats.
WHAT IF NONE OF THE FORMATS WORK?
An individual can request another format, but must be able to specify which format they need and why one of the automatically available formats will not work for them. Such requests need to be made at a Social Security office or by calling the national SSA 800 number (800-772-1213). It is important that individuals keep a record of the request date and the names and locations of the SSA staff to whom the request is made. SSA must respond to such requests within 45 days and must send its decision in large print. The request can be denied only if SSA determines that one of the automatically available formats is effective for the individual or that providing the requested format would constitute an "undue burden" on the agency. However, denials can be appealed through SSA's administrative appeals process.
CONTACTS FOR ADVOCATES
The Disability Rights Education & Defense Fund (DREDF) is monitoring implementation and is available for assistance to individuals who encounter difficulty in their alternative format request. They can be reached at ssaclassaction@dredf.org or at 800-348-4232. The group is also conducting an on-line survey to receive feedback on the experience relating to people requesting alternative formats. The survey can be found at http://www.surveymonkey.com/s/68JKVW5.
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