County: Barbour
Age: 85
Our client had moved into senior housing with her husband 25 years ago and have been in the same unit that entire time. The unit is handicapped accessible. When my client moved in, she and her husband signed a document acknowledging that the unit is for handicapped residents and agreed to move out should someone with disabilities need the unit. Since that time, both the client and her husband have developed disabilities. They received a notice from management that a resident who uses a wheelchair requested that unit. I sent management a letter explaining that my client and her husband are both disabled under their definition of disability. Working with their attorney, I was able to keep my client in her unit. Management found another suitable handicapped accessible unit for the other resident.
Monday, August 14, 2006
Thursday, July 06, 2006
Case of the Week: 7/7/06
County: Ohio
Age: 76
Our client had to leave her apartment due to medical reasons. She had paid her rent to the end of the lease agreement and the landlord agreed to return her security deposit. Our client waited for months without seeing the deposit. The landlord claimed she sent the deposit out and that there was probably a delay with the hospital mail. However, my client received her deposits from her electric and cable companys. I sent the landlord a letter demanding she remit my client's deposit of $139. Two days after the landlord got my letter, the deposit was delivered to our client via UPS.
Age: 76
Our client had to leave her apartment due to medical reasons. She had paid her rent to the end of the lease agreement and the landlord agreed to return her security deposit. Our client waited for months without seeing the deposit. The landlord claimed she sent the deposit out and that there was probably a delay with the hospital mail. However, my client received her deposits from her electric and cable companys. I sent the landlord a letter demanding she remit my client's deposit of $139. Two days after the landlord got my letter, the deposit was delivered to our client via UPS.
Friday, June 23, 2006
Case of the Week: 6/23/2006
County: Randolph
Age: 80
Our client contacted us after he had returned a vacuum cleaner he ordered from a TV advertisement. Although he was promised a refund, the New York based company never made good on it's promise. C contacted the West Virginia Attorney General; however, the company was not cooperative and there was little the Attorney General could do. I sent the company on a letter on the client's behalf threatening legal action based on Consumer Protection Law should they fail to remit C a full refund. With the threat of legal action, the company quickly refunded my client his $276.70. My client is grateful for all the help he received from both the Attorney General and West Virginia Senior Legal Aid.
Age: 80
Our client contacted us after he had returned a vacuum cleaner he ordered from a TV advertisement. Although he was promised a refund, the New York based company never made good on it's promise. C contacted the West Virginia Attorney General; however, the company was not cooperative and there was little the Attorney General could do. I sent the company on a letter on the client's behalf threatening legal action based on Consumer Protection Law should they fail to remit C a full refund. With the threat of legal action, the company quickly refunded my client his $276.70. My client is grateful for all the help he received from both the Attorney General and West Virginia Senior Legal Aid.
Thursday, June 01, 2006
Case of the Week: 6/5/2006
County: Boone
Age: 70
Our client contacted us after she received a letter from Citi Bank claiming that a payment of $6588.60 was return due to insufficient funds. The payment was made by Discover in October of 2005 as a balance transfer. She recieved the letter from Citi Bank nearly 4 months after the balance transfer. After several failed attempts to work with Citi Bank she contacted us. I sent a letter of dispute on her behalf asking that Citi Bank conduct an investigation of the charges. After two billing cycles my client received a statement from Citi bank crediting her all the charges, including late fees and finance fees, leaving her with a zero balance.
Age: 70
Our client contacted us after she received a letter from Citi Bank claiming that a payment of $6588.60 was return due to insufficient funds. The payment was made by Discover in October of 2005 as a balance transfer. She recieved the letter from Citi Bank nearly 4 months after the balance transfer. After several failed attempts to work with Citi Bank she contacted us. I sent a letter of dispute on her behalf asking that Citi Bank conduct an investigation of the charges. After two billing cycles my client received a statement from Citi bank crediting her all the charges, including late fees and finance fees, leaving her with a zero balance.
Friday, May 26, 2006
Case of the Week: 5/26/06
County: Marion
Age: 74
Our client contacted us after having visited a dentist for a bridge. The dentist had begun the process of getting her a bridge. A mold of her mouth was already made and she was wearing temporaries. Unfortunately, her dentist passed away. The client made several, unsuccessful attempts to contact the dentist office regarding her bridge work. Since she was having trouble and she needed her bridge, she contacted us. I sent the office a letter asking that they give her the bridge, so that she can go to another dentist to have the work completed. I gave a deadline of May 22. The office contacted our client on May 22 and offered to have another dentist complete the bridgework at no extra charge.
Age: 74
Our client contacted us after having visited a dentist for a bridge. The dentist had begun the process of getting her a bridge. A mold of her mouth was already made and she was wearing temporaries. Unfortunately, her dentist passed away. The client made several, unsuccessful attempts to contact the dentist office regarding her bridge work. Since she was having trouble and she needed her bridge, she contacted us. I sent the office a letter asking that they give her the bridge, so that she can go to another dentist to have the work completed. I gave a deadline of May 22. The office contacted our client on May 22 and offered to have another dentist complete the bridgework at no extra charge.
Case of the Week: 5/26/06
County: Marion
Age: 74
Our client contacted us after having visited a dentist for a bridge. The dentist had begun the process of getting her a bridge. A mold of her mouth was already made and she was wearing temporaries. Unfortunately, her dentist passed away. The client made several, unsuccessful attempts to contact the dentist office regarding her bridge work. Since she was having trouble and she needed her bridge, she contacted us. I sent the office a letter asking that they give her the bridge, so that she can go to another dentist to have the work completed. I gave a deadline of May 22. The office contacted our client on May 22 and offered to have another dentist complete the bridgework at no extra charge.
Age: 74
Our client contacted us after having visited a dentist for a bridge. The dentist had begun the process of getting her a bridge. A mold of her mouth was already made and she was wearing temporaries. Unfortunately, her dentist passed away. The client made several, unsuccessful attempts to contact the dentist office regarding her bridge work. Since she was having trouble and she needed her bridge, she contacted us. I sent the office a letter asking that they give her the bridge, so that she can go to another dentist to have the work completed. I gave a deadline of May 22. The office contacted our client on May 22 and offered to have another dentist complete the bridgework at no extra charge.
Thursday, May 18, 2006
Case of the Week: 5/19/06
County: Mon
Age: 87
This client contacted after he had contracted with a construction company to replace his screen door. In the process of replacing the screen door, the frame and main door were damaged. Our client could barely use the door. I sent the construction company a letter requesting that they repair the damage they caused. 10 days later, the construction company went back to the client's home and repaired the damage. Our client is happy. He paid a total of $1266 for the job and is now satisfied with the results.
Age: 87
This client contacted after he had contracted with a construction company to replace his screen door. In the process of replacing the screen door, the frame and main door were damaged. Our client could barely use the door. I sent the construction company a letter requesting that they repair the damage they caused. 10 days later, the construction company went back to the client's home and repaired the damage. Our client is happy. He paid a total of $1266 for the job and is now satisfied with the results.
Monday, May 01, 2006
Case of the Week: 5/5/06
County: Cabell
Age: 64
Our client received a notice from Social Security that she received an overpayment in Supplemental Security Income (SSI) payments and would have to repay a total of $3494. I researched her issue and reviewed her legal position. I explained that she could request a waiver of the overpayment. We discussed possible arguments and strategies. After requesting the waiver, she was happy to learn that Social Security granted it. She is relieved that she does not have to pay back the $3494.
Age: 64
Our client received a notice from Social Security that she received an overpayment in Supplemental Security Income (SSI) payments and would have to repay a total of $3494. I researched her issue and reviewed her legal position. I explained that she could request a waiver of the overpayment. We discussed possible arguments and strategies. After requesting the waiver, she was happy to learn that Social Security granted it. She is relieved that she does not have to pay back the $3494.
Tuesday, April 25, 2006
Case of the Week: 4/28/06
County: Jefferson
Age: 80
The client contacted us because she kept receiving bills from Sears for an account she never authorized. Her account balance was $181.98. I sent a letter of di spute on the client's behalf with an ID Theft Affidavit. Sears responded by refunding out client the money she did pay toward the bill and her account balance is zero. I advised her to close the account and be careful with her identification information.
Age: 80
The client contacted us because she kept receiving bills from Sears for an account she never authorized. Her account balance was $181.98. I sent a letter of di spute on the client's behalf with an ID Theft Affidavit. Sears responded by refunding out client the money she did pay toward the bill and her account balance is zero. I advised her to close the account and be careful with her identification information.
Friday, April 21, 2006
Case of the Week: 4/21/06
County: Marion
Age: 71
Our client called us after she learned that her plan provider for Medicare Part D would not cover one of her prescriptions. Although the provided wanted to switch to a generic drug, her doctor advised her that this would be detrimental to her health. I explained that she and her doctor can submit a request for an exception since the doctor does not feel she can switch. If the plan refuses then she can appeal. The client had her doctor send a request for an exception and the plan decided to cover her prescription.
Age: 71
Our client called us after she learned that her plan provider for Medicare Part D would not cover one of her prescriptions. Although the provided wanted to switch to a generic drug, her doctor advised her that this would be detrimental to her health. I explained that she and her doctor can submit a request for an exception since the doctor does not feel she can switch. If the plan refuses then she can appeal. The client had her doctor send a request for an exception and the plan decided to cover her prescription.
Monday, March 20, 2006
Case of the Week: 3/20/06
County: Wood
Age: 87
Our client contacted us after she received a statement in the mail from Capital One with charges for privacy protection. She recalls having been solicited by Capital One via telephone. My client is elderly and hard of hearing. She never wanted the card, but she was signed up anyway with privacy protection after the initial solicitation. I sent a letter disputing the charges and requesting her account be closed since she never authorized the card in the first place. My client received confirmation that her balance with Capital One is now zero and the account has been closed.
Age: 87
Our client contacted us after she received a statement in the mail from Capital One with charges for privacy protection. She recalls having been solicited by Capital One via telephone. My client is elderly and hard of hearing. She never wanted the card, but she was signed up anyway with privacy protection after the initial solicitation. I sent a letter disputing the charges and requesting her account be closed since she never authorized the card in the first place. My client received confirmation that her balance with Capital One is now zero and the account has been closed.
Monday, March 13, 2006
Case of the Week: 3/10/06
County: Taylor
Age: 74
Our client received a letter from a collector regarding her student loan from 20 years ago. My client had limited information regarding the loan. I contacted the collection company and learned that the loan is federally insured. I explained to our client that although her Social Security benefits may be garnished, she can exempt up to $750 per month from garnishment. Since my client receives $700 per month, she can exempt the entire amount.
Age: 74
Our client received a letter from a collector regarding her student loan from 20 years ago. My client had limited information regarding the loan. I contacted the collection company and learned that the loan is federally insured. I explained to our client that although her Social Security benefits may be garnished, she can exempt up to $750 per month from garnishment. Since my client receives $700 per month, she can exempt the entire amount.
Tuesday, February 28, 2006
Case of the Week: 3/3/06
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.
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.
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.
Monday, January 23, 2006
First look at 2006 WV Legislation and seniors; and it's not "HIPPA," it's "HIPAA"
And back to things that really matter, our state legislature is now in its annual 2 month regular session. The state Bureau of Senior Services kindly publishes a weekly legislative roundup of the status of bills affecting seniors. From that large list I cooked down a few to keep an eye on:
Many about healthcare, including:
- requiring itemized statements of services billed for Medicaid recipients (SB 79, HB 2318)
- a good samaritan-type law waiving liability for physicians providing services to indigent people (SB 82)
- requiring health insurance policies to cover acupuncture (SB 104. 190)
- creating an Alzheimer's Caregiver Assistance Program (SB 109) and establishing an Alzheimer's Disease Registry (SB 112)
- authorizing dispensing and delivery of drugs to remote health clinics (SB 143)
- establishing the WV Fair Share Health Care Act allowing the state to offset healthcare costs from large employers who spend too little on employee health bene's (SB 147)
- permitting physicians to issue "do not resuscitate" orders on patients who lack healthcare decisionmaking capacity and for whom CPR would not be effective (SB 161, HB 4022)
- exempting from the Medicaid preferred drug list certain anti-psychotic drugs for certain high-risk patients (HB 2406)
- making in-home care available on a sliding fee scale for seniors age 65+ (HB 2324)
- requiring Alzheimer's training for certain personnel of longterm care facilities and adult day care facilities (HB 2649)
- establishes information sharing between pharmacies to prevent multiple prescriptions abuse (HB 2768)
- prohibiting pharmacists from refusing to fill prescriptions without valid reason (HB 2807)
- creates voluntary state income tax check-off to develop pharmaceutical assistance program for WV seniors (HB 3265)
- adds "nursing homes" to the list of facilities whose certain unlicensed staff are authorized to administer drug (HB 2138)
- permits electronic monitoring of nursing home residents by themselves or their representatives (HB 2272)
- creates quality assurance program for nursing homes (HB 2281)
- requiring specific staffing levels in nursing homes and providing penalties for non-compliance (HB 2360)
- creating a physician's lien on injury awards and settlements (SB 48)
- creating an Insurance Advocacy Unit within the state Attorney General's Office (SB 140)
- requiring consumer notification of negative credit ratings (SB 185)
- eliminating the 90-day mandatory reinstatement of lapsed auto insurance policies (SB 198)
- prohibiting non-renewal of auto and property insuance policies (SB 203)
- exempting seniors age 65+ from having to pay the fees associated with redemption of property from tax sale within 2 years (HB 2097)
- requiring hospitals to disclose their infection rates (HB 2180)
- making the senior discount at campgrounds and parks year-round (HB 2300)
- requiring grab bars to be installed in all hotel and motel baths and showers (HB 2312)
- reducing the statute of limitation on consumers filing actions regarding revolving credit against creditors pursuant to the Consumer Protection Act (CPA) from 4 years to 1 year (HB 3113)
- eliminating the probate of uncontested small estates (HB 3221)
- increasing the amount of the homestead tax exemption from $20,000 to $50,000 (HJR 1) or from $20,000 to $40,000 (HJR 06, and 19)
- requiring Adult Protective Services to complete a face-to-face interview with an adult reported to be abused or neglected within 14 days of the report, and within 72 hours if imminent danger or serious physical abuse is alleged in the report (HB 2048)
- adding identity theft to the list of crimes for which victims can get victims compensation funds awarded (HB 2049)
- creating a program to reprogram and distribute (HB 2067, 2842)
And this is just the beginning of the session, so there will likely be more bills affecting seniors in the next weeks.
Tuesday, January 17, 2006
Case of the Week: 1/9/06
County: Grant
Age: 64
This client contacted us because his administrative hearing with the Department of Motor Vehicles has been postponed. Our client was pulled over for drinking and driving. His attorney was able to get a favorable outcome in the criminal case since our client was not under the influence of alcohol; however, his administrative case to determine wether his driving privileges should be suspended has not happened yet because the arresting officer is currently serving in Iraq. Our client wanted to know his due process and administrative due process rights. I researched the issue for him and explained that although the WV Supreme Court has stated a driver's license is a property interest within the protection of the WV Due Process Clause, the commissioner under the Code of State Rules may postpone a hearing upon his own motion for good cause. Since the arresting officer, who is crucial to the hearing, will not be available, then the commission has the authority to postpone. Also, since our client still has his driving privileges, he is not being harmed by the delay. Our client is low income and the research we provided is quite valuable to him as it would have cost quite a bit to have a private attorney do the same research.
Age: 64
This client contacted us because his administrative hearing with the Department of Motor Vehicles has been postponed. Our client was pulled over for drinking and driving. His attorney was able to get a favorable outcome in the criminal case since our client was not under the influence of alcohol; however, his administrative case to determine wether his driving privileges should be suspended has not happened yet because the arresting officer is currently serving in Iraq. Our client wanted to know his due process and administrative due process rights. I researched the issue for him and explained that although the WV Supreme Court has stated a driver's license is a property interest within the protection of the WV Due Process Clause, the commissioner under the Code of State Rules may postpone a hearing upon his own motion for good cause. Since the arresting officer, who is crucial to the hearing, will not be available, then the commission has the authority to postpone. Also, since our client still has his driving privileges, he is not being harmed by the delay. Our client is low income and the research we provided is quite valuable to him as it would have cost quite a bit to have a private attorney do the same research.
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