A weblog of news in law and aging in West Virginia, brought to you by West Virginia Senior Legal Aid.
Thursday, January 29, 2009
House fails to pass DTV deadline extension
http://www.washingtonpost.com/wp-dyn/content/story/2009/01/28/ST2009012802327.html
Tuesday, January 27, 2009
Senate delays DTV switch, House expected to do same
The delay is designed to enable more citizens to receive the discount coupons for converter boxes for TV's that use antennas rather than cable or satellite dish for reception.
A mere delay, however, will not solve the problem that some rural West Virginians are experiencing. Those who live along the outer edges of a channel's reception area can at least see and hear a snowy analog image for that channel, but may get no reception at all for the digital version of that channel. So when the analog signals cease those rural residents will no longer be able to see or hear some (or perhaps all) of the few channels they get now.
This access to local TV news, weather, and alerts is especially important to isolated older people. For many of these folks local TV is how they find out about boil water alerts, freeze warnings, flood watches, and community emergencies. This is especially true now that so many of our local radio stations have switched to nationally syndicated content instead of local DJ's.
For digital signals to effectively reach the same audience as the old analog signals they apparently have to be stronger to reach that minimum threshold in the most rural areas.
Hopefully a delay in the switchover will also provide time to identify and address these important issues for vulnerable rural older West Virginians.
Tuesday, November 11, 2008
SSI figures for 2009
For more information see www.ssa.gov/OACT/COLA/SSI.html
Monday, September 29, 2008
Medicare Part B premium stays the same for 2009!
The following is a listing of the Medicare premium, deductible, and coinsurance rates that will be in effect in 2009:
Medicare Premiums for 2009:
Part A: (Hospital Insurance) Premium
*
Most people do not pay a monthly Part A premium because they or a spouse has 40 or more quarters of Medicare-covered employment.
*
The Part A premium is $244.00 per month for people having 30-39 quarters of Medicare-covered employment.
*
The Part A premium is $443.00 per month for people who are not otherwise eligible for premium-free hospital insurance and have less than 30 quarters of Medicare-covered employment.
Part B: (Medical Insurance) Premium
$96.40 per month*
Medicare Deductible and Coinsurance Amounts for 2009:
Part A: (pays for inpatient hospital, skilled nursing facility, and some home health care) For each benefit period Medicare pays all covered costs except the Medicare Part A deductible (2009 = $1,068) during the first 60 days and coinsurance amounts for hospital stays that last beyond 60 days and no more than 150 days.
For each benefit period you pay:
*
A total of $1,068 for a hospital stay of 1-60 days.
*
$267 per day for days 61-90 of a hospital stay.
*
$534 per day for days 91-150 of a hospital stay (Lifetime Reserve Days).
*
All costs for each day beyond 150 days
Skilled Nursing Facility Coinsurance
*
$133.50 per day for days 21 through 100 each benefit period.
Part B: (covers Medicare eligible physician services, outpatient hospital services, certain home health services, durable medical equipment)
*
$135.00 per year. (Note: You pay 20% of the Medicare-approved amount for services after you meet the $135.00 deductible.)
Additional information about the Medicare premiums, deductibles, and coinsurance rates for 2009 is available in the September 19, 2008 Fact Sheet titled, "CMS Announces Medicare Premiums, Deductibles for 2009" on the www.cms.gov website.
*Note: If your income is above $85,000 (single) or $170,000 (married couple), then your Medicare Part B premium may be higher than $96.40 per month. For additional details, see the Medicare FAQ titled: " Medicare Part B Monthly Premiums in 2009"
Wednesday, September 10, 2008
West Virginia Lemon Law: What Seniors Need to Know
That new car smell is the best. The feeling of driving around in a new ride is sensational. But what happens when the experience sours and your new car starts smelling like a lemon? Unfortunately, seniors – who are least able to afford it – are often victimized by unscrupulous dealers and manufacturers. However, West Virginia’s lemon law gives you the right to take action – and turn your lemon into lemonade. Sergei Lemberg, an attorney specializing in lemon law, offers an overview of our lemon law, and tips to make sure you can take advantage of your West Virginia lemon law rights.
According to Sergei, West Virginia Lemon Law covers new passenger vehicles, SUVs, vans, and trucks that are purchased in West Virginia. It also covers the chassis of new RVs. In order to be covered, though, the vehicle has to be used for personal (as opposed to business) purposes.
Not every new car is eligible for “lemon” status, however. In order to be considered a “lemon,” the defects have to affect the use, safety, or value of the vehicle. In other words, the need for a paint touch-up or a malfunctioning radio won’t cut it. In addition, the defects have to occur during the first year from the date you take delivery of the vehicle or the expiration of the warranty – whichever is later. You also need to have taken the vehicle in for repair three times for the same problem or it has to have been out of service for a cumulative total of 30 days. If the defect is likely to cause serious injury, though, you only have to take the vehicle in one time for repair. Finally, you have to send the manufacturer what is known as a “demand letter,” notifying them of the problem and demanding a replacement vehicle or refund.
Sergei notes that there are two options for pursing a lemon law claim: you can either go to court or go to arbitration. He’s quick to say, though, that manufacturers have teams of lawyers that do nothing but fight lemon law claims, and that you’ll only be on equal footing if you have a lemon law attorney at your side. The good news is that, if your court claim is successful, the manufacturer has to pay your attorney fees. Often, with the help of a lawyer, you can get a refund, replacement vehicle, or cash settlement without having to go through the entire lemon law process – and get your attorney’s fees covered in the process.
If you think you have a lemon, start keeping notes. Jot down every communication you have with the dealer or manufacturer, the times and dates that you have a problem with the vehicle, and the days that the vehicle is out of service, either because it’s in the shop or because it’s not in working condition. Remember to keep all of your work orders, other paperwork, and any written correspondence. It’s also important to contact a lemon law attorney after the second repair attempt. He or she can help guide you through the final steps that will legally establish your vehicle as a lemon.
Tuesday, July 15, 2008
The lead singer is 91 years old, absolutely rock and roll
Monday, July 14, 2008
Senate Passes Medicare Bill Renewing QI
The bill renewed the Qualified Individual (QI) program, which helps moderately low-income seniors pay Part B premiums, and which had sunsetted July 1, 2008. The bill also raised the resource limits for the other Medicare Savings Programs (ie. QMB and SLMB) which had never been increased before. The most immediate beneficiaries of the bill, however, are physicians who would have suffered a 10.6% cut in Medicare payment amounts had the bill not passed.
Both Senators Rockefeller and Byrd voted in favor of the bill.
Friday, June 27, 2008
House resoundingly supports amendments that broaden ADA coverage
The ADA was originally passed in 1990, but has seen a narrowing of its protections over the years through various lines of US Supreme Court decisions. Though many Americans think of the ADA as requiring ramps and building modifications for wheelchair users, the law is actually much broader than that. It prohibits discrimination for people with a variety of disabilities, not just physical, and not just in public accommodations, but also in employment, public services, telecommunications, and more.
This bill seeks to reverse those Supreme Court holdings, and changes the actual definition of who is covered. The ADA currently describes a disability as any physical or mental impairment that "substantially limits" a major life activity. Under the bill impairments that "materially restrict" a major life activity would qualify as disabilities, broadening the umbrella of who can be protected under the Act.
Next step, consideration by the Senate.
Wednesday, May 07, 2008
WV gets a new Area Code, by 2/28/09 all local calls will require dialing area code first
To ensure a continuing supply of telephone numbers, the 681 area code will be added to the same geographic area served by the 304 area code, which is the entire state of
Get ready to change the way you dial your local calls!
Local Dialing Procedure Change
The new dialing procedure for local calls requires callers to dial the area code + the seven digit telephone number. This means that all local calls from the 304 area code that are currently dialed with seven digits will need to be dialed using ten digits (the area code + the seven digit telephone number). The dialing procedure for long distance or operator assisted calls will not change.
Beginning
Effective
As early as
If you have pre-programmed speed dial lists using 7-digits in your phones, these will need to be updated with 10-digit numbers.
What Will Remain the Same
- Your telephone number, including current area code, will not change.
- Your local calls are still local calls, even though they must be dialed using 10-digits.
- You can still dial three digits to reach 911 and 411.
Questions?
Call your Verizon Service Representative at 304-954-6200 for Residential Service or 1-800-562-2355 for Business Service.
Thursday, February 28, 2008
To get the $300 Stimulus Check you must file a tax return
From National Council on Aging;
Call Hilary Dalin at (202) 479-6626 or email at hilary.dalin@ncoa.og for more information
Fact Sheet:
Your Clients Who Are Low-Income Social Security Recipients Must File 2007 Tax Return to Receive Economic Stimulus Check
What is the stimulus package?
To help spur a slowing economy, the IRS will send tax rebate checks to over 130 million households beginning in May 2007 and continuing through the summer. Up to 20 million Americans who rely primarily on Social Security income qualify for a rebate check.
How do people qualify for a stimulus tax rebate check?
Generally a person has to have more than $3,000 in income. Even if a person does not have any earned income they can still qualify for a stimulus tax rebate check if their Social Security benefits, Veteran’s Affairs (VA) benefits, and/or railroad retirement benefits equal at least $3,000 annually.
To qualify, they must file a 2007 tax return on IRS Forms 1040 or 1040A with the IRS (even if their income is normally low enough that they are not required to file).
If they file a tax return, how much are they eligible for?
In most cases, they will get payments ranging from $300 to $600. Payments increase by $300 for families with dependent children under the age of 17, up to a maximum stimulus payment of $1,200.
By what date does the 2007 tax return have to be filed and when will the checks be received?
The IRS encourages filing a return if possible, by the regular April 15 deadline to get the rebate check in May 2008. Those filing later than April 15, with or without a tax-filing extension, may delay receipt of the rebate check. Those who qualify for a stimulus check will receive one by the end of 2008 if they file by October 15, 2008. No rebate checks will be issued after 2008 ends.
Will the stimulus payment affect eligibility for needs-based benefits programs?
Receiving a payment under the stimulus package does not effect eligibility for or amount of needs-based benefits programs (i.e. Food Stamps). Specifically, the payment does not count as income in the month it is received and does not count as a resource (asset) for 60 days after the month in which it was received.
Does your organization have questions about the stimulus package? (Please note: this is not intended for inquiries from consumers; We have provided contact info for consumer referrals below.)
Contact Hilary Dalin at the National Council on Aging at hilary.dalin@ncoa.org.
Do you know a low-to-moderate income senior who needs help filing a tax return?
The Tax Counseling for the Elderly (TCE) Program provides free tax help to people age 60 and older. To find an AARP Tax Aide site call 1-888-227-7669 or visit the AARP Web site.
The Volunteer Income Tax Assistance (VITA) program provides help to low- and moderate-income taxpayers. Call 1-800-906-9887 for assistance.
Monday, January 28, 2008
2008 Federal Poverty Guidelines
2008 Federal Poverty Guidelines for the 48 Contiguous States and the District of Columbia
Family Size | Gross Yearly Income | Gross Monthly Income | Approximate Hourly Income |
1 | $10,400 | $867 | $5.00 |
2 | $14,000 | $1,167 | $6.73 |
3 | $17,600 | $1,467 | $8.46 |
4 | $21,200 | $1,767 | $10.19 |
5 | $24,800 | $2,067 | $11.92 |
6 | $28,400 | $2,367 | $13.65 |
7 | $32,000 | $2,667 | $15.38 |
8 | $35,600 | $2,967 | $17.12 |
add'l | +$3,600 | +$300 | +$1.73 |
Source: Federal Register Vol. 73, No. 15, January 23, 2008, pp. 3971-3972. Monthly and hourly data calculated by Oregon Center for Public Policy and rounded to the nearest dollar and cent, respectively.
Thursday, January 24, 2008
WV House of Delegates creates Select Committee on Senior Citizens Issues
WV Legislature in session, how to keep up on bills which may affect seniors
You can then go see the actual text of any bill that strikes your fancy by going to the WV Legislature's website page called Bill Status. You can search by bill number, words in the text, or even browse lists of bills subject, date, house, etc.
Then of course you can take the opportunity to let your legislators know what you think about the bills they are considering. The legislature's website offers several ways for you to identify your representatives and get their contact info (review names from a list of all members, click where you live on a state map for senate or house, pull down names or district numbers for house or senate, etc.). Any delegate or senator worthy of the office will welcome informed input from a constituent like you.
Wednesday, January 16, 2008
Longterm Care Planning Toolkit from AoA
Beware that first and foremost the toolkit pushes longterm care insurance. I don't think LTC insurance is a reasonably affordable option for many senior West Virginians. I also think that many senior West Virginians have a thing for insurance, they really like having it and they tend to trust that it will take care of everything. Whether it will take care of everything really remains to be seen regarding longterm care. The policies are fairly new in this market, and we haven't seen enough people make use of the benefits yet to see whether they really cover what you need and want when you actually get to the point of needing the benefits. It's a much more complicated concept than, say, homeowners insurance or car insurance.
Monday, January 14, 2008
Excellent WV resource database
2008 State Legislature Calendar and Info online
Tuesday, January 08, 2008
Legislative Audit Report Released on A/D Waiver
Finally on Monday, January 7, 2008 the auditor's report was published. You can find the complete report here on the legislature's website. It's a 28 page .pdf file. Here also is a brief article in the Gazette about the report.
Most advocates believed that the changes were intended to save the state money by reducing the number of people the program served and the levels of services they received. This report supports that conclusion.
Tuesday, October 02, 2007
Postcard from WVSOS: What If I Threw It Away?
What if I threw the postcard away? According to the WVSOS election division, you have a couple of options. One, you may just go in person to your local County Clerk's office to give the information requested on the postcard. Or if you prefer you may contact WVSOS at (866) 767-8683 to ask for another postcard to be sent to you.
What if I just ignore this and never respond? According to WVSOS any recipients of the postcards who never respond will be noted in their voter registration database as INACTIVE. This DOES NOT mean you cannot vote, but rather that the next time you go to the polls to vote, you will be required to produce some kind of identification with a unique number.
WV Elder Alert: Postcard from WVSOS
This is not a scam, I have verified with the WVSOS elections division that this request is indeed from them. They explained that federal law (the Help America Vote Act of 2002) requires them to keep a statewide voter registration database, and that not all county voting records included the unique identifying information (either Drivers License number or the last 4 digits of your Social Security number) required for the state to comply with federal law.
Many smart seniors will be wary of putting any identifying information onto a postcard, since any person who sees the postcard could potentially use the information for identity theft. I have discussed this concern with the folks at the WVSOS, and they suggested that anyone returning the completed card either:
- Don't tear the card off. After filling in the requested information fold the perforated edge the opposite way, so that the SSN or DL information are covered, then tape around the edges and mail it, or
- put the completed card in an envelope and address it and add your own stamp for postage
If you receive the card you don't have either a SSN or a Drivers License, you can use another kind of unique identifying number, such as the one on a non-drivers ID from the DMV. If you have no unique identifying number, you should contact your local County Clerk. You can get contact information for each County Clerk at the WVSOS website here www.wvsos.com/service/rosters/countyclerks.htm
For more information about this process please see the WVSOS press release:
www.wvsos.com/pressoffice/09-27-07PressReleaseVoterDataMatch.pdf If you have questions you may contact the WVSOS toll-free at (866) SOS-VOTE or (866) 767-8683. For some summary information about the Help America Vote Act at www.usdoj.gov/opa/pr/2003/December/03_crt_728.htm And for the text of the entire Act see www.usdoj.gov/crt/voting/hava/HAVA_2002.html
Any senior West Virginian age 60 or over who does not have a unique identifying number and who has trouble related to verifying his or her voter registration record may contact West Virginia Senior Legal Aid for assistance at 1-800-229-5068.
Friday, June 22, 2007
Case of the Week 5/25/07
County: Putnam
Client's daughter has Medical Power of Attorney (MPOA), and has recently been exploiting client and treating her unkindly. Client wanted someone else to have MPOA, so we explained how to revoke her old one, sent her a blank form to fill out, and instructed her to give copies of the new document to all her medical providers as well as her new agent.