Senator Robert Byrd dies at age 92

Longest serving Senator in US history, West Virginian of the 20th Century, and fiddle player Robert Byrd has died. There is hardly a mile of West Virginia that doesn't show a road or building or bridge dedicated to Byrd who proudly brought millions of federal dollars to the state.

TeleTown Hall Meeting today on healthcare reform and seniors

President Obama and Secretary Sebelius will be talking directly with America’s seniors about the Affordable Care Act.

Tele-town hall to talk to seniors about how the law will strengthen Medicare by improving benefits, lowering costs, and giving seniors and their doctors more control over their health care.

11:40 a.m., TODAY, Tuesday, June 8

WhiteHouse.gov/live, or live on C-SPAN

West Virginia LIEAP Application Window 12/7/09 to 12/18/09

The Low Income Energy Assistance Program (LIEAP) has a very short period of time each year to accept new applications. WVDHHR has just announced this year's new applicant window:

LIEAP will officially open for general intake on Monday, December 7th, and close at the end of the day on Friday, December 18th. Applications may be obtained at local DHHR offices, Community Action agencies, or senior centers operated by an Area Agency on Aging. 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 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.

WV Aging and Law newsletter revived

Get a free email subscription to the West Virginia Aging and Law newsletter by signing up at www.tinyurl.com/aginglaw. The newsletter is a joint publication of West Virginia Senior Legal Aid and the West Virginia Regional Long-term Care Ombudsman Program.

No COLA for Social Security in 2010

Social Security beneficiaries have received cost of living allowances (COLA) every year since 1975, when the automatic adjustments were created in the program. The adjustment is calculated based on the an particularly aspect of the Consumer Price Index (CPI), which has actually gone down in the past 12 months for the first time in decades. The law prohibits cuts in the benefit amount based on the CPI drop, so the benefit amount will not go down despite the drop.

But for most seniors the cost of living has actually continued to increase this past year. The CPI used to calculate the SS COLA is based on "urban wage earners and clerical workers." That population is not likely bearing the same kinds of expenses in the same proportions as most seniors, particularly regarding the dramatic and increasing costs of healthcare. Like the Federal Poverty Line calculation, the algorithms and types of data used to produce this index have not kept pace with contemporary expense patterns, and neither index has ever been accurate for seniors who have different levels of spending than younger people in America.

The good news is that most Medicare beneficiaries will also see no increase in their Part B premiums for 2010.

For more information check out this article from the University of Illinois http://illinois.edu/lb/article/72/30133

Info resource for prospective and current law students

Some of the folks I meet who provide various services to seniors show real passion when it comes to advocacy for their clients. You know who you are! If you are considering law school, or are currently a law student, you might find some useful and interesting information on www.lawschool.org.

Grandparent Visitation Statute Amended regarding jurisdiction

The West Virginia Grandparent Visitation statute (WV Code §48-10-101, et seq.) was modified by the 2009 legislature to make Family Court the exclusive jurisdiction for petitions and motions. There is an exception for grandchildren who are the subject of pending abuse or neglect cases, the appropriate jurisdiction for those cases will continue to be the Circuit Court. See SB 4051 amending WV Code §48-10-401 and §48-10-402.

Kathy Greenlee confirmed as Assistant Secretary of AoA

We have a new head of the federal Administration on Aging. The US Senate has confirmed the nomination of Kathy Greenlee to the post. Ms. Greenlee has a broad range of experience in the aging services system in Kansas, at various times serving as head of the state unit on aging, second in command there, state long-term care ombudsman, and head of the state SHIP program (called SHICK in Kansas).

http://www.aoa.gov/AoAroot/Press_Room/News/2009/06_26_09.aspx

Scam targets WV grandparents

A fairly sophisticated scam has duped several West Virginia seniors into wiring money to unidentified scammers in Canada. The scam starts with a call to the senior by someone who sounds like the senior's grandchild claiming to be in jail in Canada and needing money to be wired to him or her in order to be released. Apparently the scammers learn specific details about the grandchild and even learn to mimic the sound of the child's voice on the phone.

If you or someone you know is targetted by this scam you can report it to the West Virginia Attorney General's Consumer Protection Division at 1-800-368-8808.

See this report on WV Metro News for more details:
http://www.wvmetronews.com/index.cfm?func=displayfullstory&storyid=31017

Thank you for your survey responses

Thanks to everyone who completed our online survey. We appreciate and value your input.

There are new rules for long-term care Medicaid in West Virginia, the Deficit Reduction Act of 2005 has been implemented

The other shoe has finally dropped. Advocates have been wondering when the changes required by federal legislation in 2005 would be implemented in West Virginia. But we weren't hoping it would happen any time soon, since almost all these changes will make it harder for some West Virginians to become eligible for Medicaid to pay their long-term care bills.

The changes apply to people who apply for LTC Medicaid on or after March 1, 2009, and for asset transfers that were made after February 8, 2006.

We expect to publish a detailed article about the changes in the first issue of the revived West Virginia aging and law newsletter in May. In the meantime, here below is a quick summary of some of the changes. You can find the state Department of Health and Human Resources specifics on the changes by going to this page http://www.wvdhhr.org/bcf/policy/imm/ManualChanges.htm and clicking the links for the 2 different .pdf documents on the list that mention "Medicaid - DRA."

Some of the substantial changes include:

- The lookback period for uncompensated transfers is now 5 years for everything.
- The specifics of how the penalty period for uncompensated transfers of assets is calculated and when is begins have changed and the results are harsher for the consumer.
- There is now a cap on home equity of $500,000, so applicants whose equity exceeds that are not eligible for LTC Medicaid unless that home is still occupied by a spouse, the applicant's adult disabled child, or child under 21.
- And a little good news, there is a specific process and form for the undue hardship waiver.

So the Medicaid planning attorney's tool box just got a little lighter, so for seniors who have substantial countable assets early planning is even more important than before.

2009 Federal Poverty Guidelines

2009 Federal Poverty Guidelines for the 48 Contiguous States and the District of Columbia

Family Size	Gross Yearly Income	Gross Monthly Income	Approx Hourly Income
1	$10,830	$903	$5.21
2	$14,570	$1,214	$7.00
3	$18,310	$1,526	$8.80
4	$22,050	$1,838	$10.60
5	$25,790	$2,149	$12.40
6	$29,530	$2,461	$14.20
7	$33,270	$2,773	$16.00
8	$37,010	$3,084	$17.79
add'l	+$3,740	+$312	+$1.80

Source: Federal Register Vol. 74, No. 14, January 23, 2009, pp. 4199-4201. Monthly and hourly data calculated by Oregon Center for Public Policy and rounded to the nearest dollar and cent, respectively.

Survey about WV Aging and Law newsletter

To have your answers count please complete this survey no later than March 20, 2009.

DTV transition delayed by Congress, but local stations may still cease analog as early as Feb 17, 2009

Though the House did pass a bill delaying the Digital TV transition to June 12, 2009, your local TV stations have the option of cutting off their analog signals any time after February 17, 2009. Several West Virginia TV stations will no longer be broadcasting in analog as of that date.

It is not clear whether the digital TV signals will be stronger than the digital signals they are broadcasting now. But if you are already using your digital converter box you will definitely have to rescan after February 17 because many stations will be broadcasting on a different digital channel than they are now. For example, WBOY in Clarksburg says on their website after February 17 you need to rescan and remove the reference to channel 12.1, the digital channel they are currently broadcasting on, and add the new digital channel 12 which they will use after February 17.

You can get information about coverage areas and the type of antenna that may best suit you at www.antennaweb.org.

House fails to pass DTV deadline extension

The US House of Representatives failed to get the 2/3 majority needed to pass a bill that would have delayed the 2/17/09 deadline for analog TV broadcasts. The vote was 258-168 in favor. The Senate passed a similar bill unanimously earlier this week. The 2/3 majority was required in the House because the bill was being considered under a suspension of the rules procedure. The Chairman of the House Energy and Commerce Committee's Subcommittee on Communications, Technology and the Internet, Rep. Rick Boucher (D-VA) said he intends to bring the bill back next week under regular order, which would require a simple majority to pass.

http://www.washingtonpost.com/wp-dyn/content/story/2009/01/28/ST2009012802327.html

Senate delays DTV switch, House expected to do same

Yesterday the Senate passed a bill to delay the date that TV stations will cease broadcasting analog signals until June. The House is expected to pass similar legislation quickly.

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.

SSI figures for 2009

Maximum Federal Supplemental Security Income (SSI) payment amounts increase with the automatic cost-of-living increases that apply to Social Security benefits. The latest such increase, 5.8 percent, becomes effective January 2009. The monthly maximum Federal amounts for 2009 are $674 for an eligible individual, $1,011 for an eligible individual with an eligible spouse, and $338 for an essential person.

For more information see www.ssa.gov/OACT/COLA/SSI.html

Medicare Part B premium stays the same for 2009!

This is only the 6th time since Medicare was created in 1965 that the Part B premium has stayed the same for 2 years in a row. But thankfully in 2009 the premiums for Medicare Part B will remain the same as they were in 2008.

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"

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.

The lead singer is 91 years old, absolutely rock and roll

There is a middle finger at the end of the video, so please do not watch if that will offend you. Long live rock.