County: Wayne
Age: 71
This client contacted us after receiving a hospital bill in the amount of $3000 for services that should have been covered under his Medicare Part B. I contacted the billing office of the hospital and explained that my client is covered under Medicare Part B and, therefore, the hospital must file a claim through Medicare. After gathering my client's Medicare information the hospital filed its claim. Medicare covered most of the balance. My client can be billed for only $450 for co-pays and deductibles.
A weblog of news in law and aging in West Virginia, brought to you by West Virginia Senior Legal Aid.
Tuesday, February 28, 2006
Monday, February 27, 2006
Changes in Aged and Disabled Waiver getting plenty of press
West Virginia Public Radio broadcast a 3 part series on West Virginia Morning about changes in the medical assessment and reassessment for the Aged and Disabled Medicaid Waiver program (ADW). Kate Long interviewed waiver beneficiaries, waiver service providers, administrators, and advocates, including your truly. Her story focused on the tragic human impact of the recent changes that have made the program harder to get on and stay on. Kate's piece delved into the changes brought about by the new PAS 2005's stricter criteria as well as the state contracting with WVMI to complete PAS's. She also highlighted several elderly individuals who have suffered because of these changes.
In yesterday's Sunday Gazette-Mail there was an excellent article by Scott Finn in the same vein. Scott's piece focuses on the stories of a few waiver clients who are very sick, and yet are being taken off the program.
This waiver has been underfunded for at least the 10 years I've been working with these clients. It still is, and now that there is a large national movement to reduce the costs of Medicaid, I'm afraid the very needy people who benefit from this waiver are among the targeted.
Tuesday, February 21, 2006
Case of the Weekd: 2/17/05
County: Jefferson
Age: 65
This client contacted us after her received a notice to garnish his Social Security for child support. The original order was issued 30 years ago in another state. He also informed me that up until three years ago his taxes were being off-set to pay for the past due support. After reviewing his notice and the law, I was able to advise him that although Social Secuirty benefits can be garnished for support orders, West Virginia law provides a 10 years statute of limitations on judgements. Moreover, the statute of limitations is not tolled by tax offsets or moving to a different jurisdiction. My client can protect his benefit .
Age: 65
This client contacted us after her received a notice to garnish his Social Security for child support. The original order was issued 30 years ago in another state. He also informed me that up until three years ago his taxes were being off-set to pay for the past due support. After reviewing his notice and the law, I was able to advise him that although Social Secuirty benefits can be garnished for support orders, West Virginia law provides a 10 years statute of limitations on judgements. Moreover, the statute of limitations is not tolled by tax offsets or moving to a different jurisdiction. My client can protect his benefit .
Thursday, February 09, 2006
WVA legal director position vacant; WVA now handling ADW appeals
I recently learned that Tom Gillooly is no longer the legal director for The West Virginia Advocates (WVA), the federally designated protection and advocacy provider for West Virginians with disabilities. The organization is accepting applications through March 1, 2006, and the position was advertised in the Sunday Gazette-Mail this week.
Clarice Hausch, the Executive Director, would not go into detail about why Tom was no longer with the organization, but she did tell me that he did some great work for them during his tenure at WVA.
And good news for folks whose medical eligibility is being denied or reduced for Aged and Disabled Waiver (ADW) services, Clarice said WVA is looking to take some of those cases for legal representation. Particularly, she explained, their funding streams which support assisting people with physical disabilities and/or some mental illness are not yet exhausted.
Legal Aid of West Virginia has been handling many ADW appeals, so hopefully these two entities will coordinate and collaborate to efficiently get the best representation possible for these important cases. As soon as I know more details about who is taking which kinds of cases, I will post them here, so we can all make good referrals.
Clarice Hausch, the Executive Director, would not go into detail about why Tom was no longer with the organization, but she did tell me that he did some great work for them during his tenure at WVA.
And good news for folks whose medical eligibility is being denied or reduced for Aged and Disabled Waiver (ADW) services, Clarice said WVA is looking to take some of those cases for legal representation. Particularly, she explained, their funding streams which support assisting people with physical disabilities and/or some mental illness are not yet exhausted.
Legal Aid of West Virginia has been handling many ADW appeals, so hopefully these two entities will coordinate and collaborate to efficiently get the best representation possible for these important cases. As soon as I know more details about who is taking which kinds of cases, I will post them here, so we can all make good referrals.
Tuesday, February 07, 2006
Case of the Week: 2/10/06
County: Mon
Age: 67
Our client contacted us because he was in an auto accident. Because he did not have insurance, he was being pursued by the other motorist's insurance company. Our client also has an 80 percent loss of hearing that made it very difficult for him to work anything out with the company. I contacted the company on his behalf and negotiated a settlement which saved my client $704 off the origianl claim.
Age: 67
Our client contacted us because he was in an auto accident. Because he did not have insurance, he was being pursued by the other motorist's insurance company. Our client also has an 80 percent loss of hearing that made it very difficult for him to work anything out with the company. I contacted the company on his behalf and negotiated a settlement which saved my client $704 off the origianl claim.
Case of the Week: 2/3/06
County: Berkeley
Age: 71
This client contacted us because his apartment complex is getting foreclosed upon. Because his rent was subsidized, he would face an increase in rent once the sale was final. To avoid this, he found another, affordable place to live. Given that his is a month to month tenant, generally he would have to give 30 days notice before terminating the tenancy, but given the seriousness of this situation, my client wanted to move right away. I contacted the manager and explained the client's situation and she agreed to waive the 30 day notice and also agreed to return my client's security deposit.
Age: 71
This client contacted us because his apartment complex is getting foreclosed upon. Because his rent was subsidized, he would face an increase in rent once the sale was final. To avoid this, he found another, affordable place to live. Given that his is a month to month tenant, generally he would have to give 30 days notice before terminating the tenancy, but given the seriousness of this situation, my client wanted to move right away. I contacted the manager and explained the client's situation and she agreed to waive the 30 day notice and also agreed to return my client's security deposit.
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