If you are unable to work due to a disability, you may be eligible for Social Security Disability Insurance (SSDI) benefits. SSDI can provide a lifeline for people with disabilities, but the application process can be complex and daunting.
At Elderly Care Law Firm, we are SSDI experts. We have a proven track record of success in helping people with disabilities obtain the benefits they deserve. We are committed to fighting for your rights and ensuring that you receive the maximum benefits possible.
In this blog post, we will share a 3-point plan for securing SSDI benefits:
Gather strong medical evidence.
One of the most important things you can do to increase your chances of SSDI approval is to gather strong medical evidence to support your claim. This may include medical records, doctor’s notes, and test results. Be sure to include all relevant medical documentation, even if you think it is not important.
Be honest and accurate in your application.
The Social Security Administration (SSA) will carefully review your application for any inconsistencies. If you are caught lying on your application, you could be disqualified from receiving SSDI benefits. Be sure to answer all questions honestly and to the best of your ability. If you are unsure about how to answer a question, ask your attorney for help.
Work with an experienced SSDI attorney.
An experienced SSDI attorney can help you gather the necessary evidence, file your claim, and represent you at all stages of the application process. SSDI attorneys know the SSA system inside and out, and they can help you increase your chances of approval. Many SSDI attorneys offer free consultations, so there is no risk in speaking with one to see if they can help you.
If you are considering applying for SSDI benefits, we encourage you to contact Elderly Care Law Firm today for a free consultation. Our experienced SSDI attorneys can help you navigate the system and increase your chances of approval.
Additional tips for increasing your chances of SSDI approval
Be prepared to wait. The SSDI application process can take several months, so it is important to be prepared to wait.
Be patient. The SSA can be very slow to process applications, so it is important to be patient and persistent.
If you are denied benefits, don’t give up. You have the right to appeal the decision.
Elderly Care Law Firm is here to help
If you are unable to work due to a disability and you are considering applying for SSDI benefits, we encourage you to contact Elderly Care Law Firm today for a free consultation. Our experienced SSDI attorneys can help you navigate the system and increase your chances of approval.
We understand the challenges that people with disabilities face, and we are committed to fighting for the rights of our clients. We will work tirelessly to ensure that you receive the SSDI benefits you deserve.
Why choose Elderly Care Law Firm?
We are SSDI experts with a proven track record of success.
We are committed to fighting for your rights and ensuring that you receive the maximum benefits possible.
We offer a free consultation to discuss your case and answer any questions you may have.
Call us at (305) 783-3013, (305) 836-3315 or (954) 367-9457, or visit our website at [elderlycarelawfirm.com/] to schedule your consultation.
Although Medicare was created to make healthcare easier for those in need, the system itself may not be easy to navigate. If you are encountering the Medicare program for the first time, you might have all kinds of questions about eligibility, benefits, retirement, and much more. Fortunately, a little internet research goes a long way. By answering five of the most common Medicare questions, we can provide you with plenty of insights. Using these insights, you can make a more informed decision about your Medicare journey.
Who is Eligible for Medicare?
One of the most obvious questions about Medicare involves eligibility. Determining whether you are eligible for Medicare should be your first step in this process, as there is no point in pursuing this further if you will simply be rejected. So how do you know whether you are eligible for Medicare?
According to the US Department of Health and Human Services, Medicare is primarily geared toward people who are 65 or older. In other words, this problem was designed specifically for retirees. That said, there are a few groups who may become eligible for Medicare even before the age of 65. These groups include:
Those with disabilities
Those with End-Stage Renal Disease
Those with ALS
In addition, there are a few other requirements to consider if you are planning to apply for Medicare. First of all, you need to be a US citizen to qualify for this program. Alternatively, you can qualify if you are a permanent legal resident, but only if you have lived in the country for at least five years.
Finally, you may need some kind of work history in the United States in order to qualify for this program. Those who have been receiving Social Security often qualify for Medicare, and Railroad Retirement recipients fall into the same general category. Alternatively, you may qualify for Medicare if you are a government employee or retired government worker. These government workers may qualify even if they have not paid into Social Security – as long as they have paid Medicare payroll taxes during their career. In addition, you may qualify for Medicare if your spouse is a government worker who falls into this category.
What Kind of Benefits Does Medicare Provide?
The coverage and benefits provided by Medicare may vary depending on your choices and your unique circumstances. Most Medicare recipients are faced with one major choice, and this is a choice between “Original Medicare” and a “Medicare Advantage Plan.” Medicare Advantage is also known commonly as “Part C.”
Original Medicare consists of Part A and Part B. This plan is completely managed by the federal government, and it covers a wide range of healthcare providers. The government pays a portion of the total cost of these medical services.
Part A focuses on hospital care, and it may include nursing homes. On the other hand, Part B covers regular visits to the doctor for non-emergency reasons. In addition, Part B may cover various supplies and additional services, as long as they are “medically necessary.” Finally, Part B includes certain types of preventative care, ambulance services, some mental health treatment, and certain prescription drugs.
While Part A and B are covered by the federal government, Part C is entirely handled by private insurance companies. Also known as Medicare Advantage, this program provides all of the benefits listed under Parts A and B while also offering additional coverage for prescription drugs. A number of additional healthcare services may be bundled together with Advantage plans, including vision, hearing, and dental care.
When Should I Claim Medicare?
Generally speaking, it is a good idea to claim Medicare as soon as you become eligible. There are certain penalties for signing up late, and you need to be aware of the specific enrollment periods that apply to your situation. The most obvious option is to sign up for Medicare as soon as you turn 65. Whatever the case may be, you can feel relatively confident about being accepted as long as you are 65 years of age. Another option is to leave your active group health plan and transition to Medicare.
In fact, you can start the enrollment process three months before you turn 65. This is known as the Initial Enrollment Process or “IEP.” In addition, you can apply three months after you turn 65 – which gives you a total of 6 months to file your application during this window. As previously noted, there are certain situations in which people may become eligible for Medicare even before they turn 65 – so it’s probably a good idea to begin the conversation with an elder law attorney as soon as possible.
What is the Difference Between Medicare and Medicaid?
People often get Medicare and Medicaid confused. While Medicare is essentially just a state-funded health insurance plan, Medicaid is basically a type of welfare. Medicaid has more strict eligibility requirements, as this program is specifically geared toward people with limited resources. In addition, Medicaid may provide coverage for things that Medicare may not cover, such as nursing home care. Medicaid may also cover younger adults or even children, while Medicare targets elderly individuals.
What is Part D of Medicare?
Part D of Medicare refers specifically to prescription drugs. This is an option upgrade for your standard Medicare plan, and it is included in Advantage plans. That being said, some types of prescription drugs are covered by Plan A and D.
Who Can Help With My Medicare Journey?
While internet research is a positive first step, it can only get you so far. Aside from these five common questions, there are many other confusing aspects of Medicare that can be difficult to wrap your mind around. In order to approach this process with a degree of confidence and efficiency, it may be worth booking a consultation with the Elderly Care Law Firm. During this initial meeting, you can ask any additional questions about the Medicare process. Reach out today to get started.
As your elderly parent approaches the possibility of moving into a nursing home, you may find yourself facing both emotional and financial challenges. The costs associated with nursing home care can be significant, leaving you worried about how to cover these expenses while also preserving your parent’s hard-earned assets.
At Elderly Care Law Firm, we understand the unique concerns that come with this transition. Our mission is to provide compassionate and expert guidance to families like yours, helping you secure your parent’s financial well-being and protect their legacy for future generations.
One crucial step in ensuring your parent’s financial security is establishing a comprehensive Medicaid planning strategy. Medicaid is a government program designed to offer health insurance and long-term care coverage for individuals with limited income. Qualifying for Medicaid can allow your parent to receive essential care without depleting their assets.
There are various Medicaid planning strategies available, tailored to your parent’s specific circumstances. Some commonly used strategies include:
Asset Spend-Down: To qualify for Medicaid, it may be necessary to reduce your parent’s assets to meet eligibility requirements. This can involve using their resources to cover living expenses, medical bills, and necessary costs.
Asset Transfers: In certain situations, transferring some of your parent’s assets to their children or other family members can be an option without jeopardizing Medicaid eligibility. However, it’s essential to be aware of the Medicaid “look-back period,” which typically spans five years before applying for benefits. Any asset transfers during this period may impact eligibility.
Medicaid-Compliant Trusts: Medicaid-compliant trusts are specifically designed to help individuals qualify for Medicaid while preserving assets. These trusts come in various forms, so consulting an experienced elder law attorney is crucial to select the most suitable option for your parent.
In addition to Medicaid planning, there are other steps you can take to safeguard your parent’s finances in a nursing home:
Ensure your parent has a comprehensive estate plan, including a will, power of attorney, and living trust. These documents can help ensure their assets are distributed according to their wishes upon their passing.
Regularly review your parent’s financial situation as their health declines. This will help you ensure they can cover their living expenses. If financial challenges arise, explore options to reduce expenses or increase income.
Consult with a financial advisor who can assist in crafting a plan to manage your parent’s finances effectively and protect their assets.
While protecting your parent’s finances in a nursing home may appear complex, remember that you don’t have to navigate this journey alone. Elderly Care Law Firm is here to provide you with the support and guidance you need. Our team of experienced attorneys specializes in elder law, Medicaid planning, and estate planning, ensuring that your parent’s assets are secure, and they receive the care they need.
Contact Elderly Care Law Firm today to schedule a consultation and learn how we can help you protect your parent’s financial future and legacy.
“Long-term care” describes the help needed by people who have problems living independently because of chronic medical problems or severe disabilities. These individuals may have very specific needs, and creating an effective long-term care plan can be challenging. This quick guide helps families and retirees plan for long-term care in an effective manner while meeting their unique goals and priorities.
Defining Long-Term Care
Before you build your long-term care plan, it is important to understand what this concept actually means. According to the National Institute on Aging, long-term care may be necessary if patients can no longer carry out normal, daily activities on their own. Note that this does not necessarily apply only to elderly individuals, as disabled people may also require long-term care regardless of their age.
That being said, most families begin to plan long-term care after their elderly relatives have reached a certain state of decline. These families often take it upon themselves to provide long-term care without incurring additional costs through medical treatments and services. Financial limitations may prevent certain families from taking advantage of services typically associated with long-term care. These might include:
Nursing homes
Adult daycare centers
Personal care
Meal prep and delivery
Senior transportation
Who Should Create a Long-Term Care Plan?
It may not be viable to create your own long-term care plan once you have reached a certain level of decline. If you have trouble with daily tasks like dressing, grooming, and meal prep, you are unlikely to have the ability to create a detailed long-term care plan.
Therefore, most people who create long-term care plans fall into two categories:
Concerned family members
Healthy seniors who want to plan for the future
Creating a long-term care plan before you lose the ability to carry out basic tasks is a smart move in the context of estate planning.
According to the National Institute on Aging, those who require long-term care often exhibit the following characteristics:
Elderly
Female
Single
Poor Diet
Inadequate Exercise
Genetic History
To clarify, females are more likely to need long-term care simply because they live longer. Men are less likely to need long-term care because they tend to pass away before they actually need it. Genetic issues, such as dementia, can also increase the need for long-term care.
How to Create an Effective Long-Term Care Plan
The best long-term care plans are highly personalized. Different seniors may need drastically different services and treatments based on their unique requirements. For example, one senior might have trouble preparing food, but they still might have the ability to drive. Another senior’s declining vision may make it impossible for them to drive, but they still might retain the ability to dress themselves without assistance. Other seniors may suffer from serious cognitive decline, requiring assistance with almost all daily tasks.
How Much Assistance Can You Realistically Provide?
Family caregivers should consider how much assistance they can realistically provide. It does not make sense to sacrifice your career to become a full-time caregiver, as this will only make it more challenging to cover your senior’s medical expenses in the future. In addition, you may miss out on valuable moments with your own family, especially if you have young children.
Although some long-term care options may seem expensive, take the time to sit down and run the numbers. You may actually end up losing more money if you quit your job to become a full-time caregiver. Losing your income can lead to financial ruin, whereas even the most expensive nursing homes can allow you to continue with your career.
You should also consider the physical distance between your home and that of your senior. If you spend hours on the road each day driving back and forth to your senior’s residence, you should consider both the financial and emotional effects. Factor in the cost of gas and the amount of time you will lose with your own family. If your senior lives in another state, long-term care options may be necessary.
Consider the Value of Preventative Care
Families should prioritize preventative treatment when creating long-term care plans. The sooner you get started with an effective care plan, the better. This is because by improving your senior’s diet or exercise plans, you can reduce the chances of serious health consequences in the future. Seniors are more likely to eat junk food and heavily processed items when they lose the ability to prepare their own meals. For example, a senior might start eating potato chips and candy bars not because they want to, but because they no longer have the ability to cook nutritious meals. Seniors may also experience faster declines due to the lack of exercise.
Although paying a service provider to deliver meals to your senior might seem like a financial burden, it is important to weigh these costs against potential future medical expenses. By ensuring a healthy diet for your senior, you can avoid expensive, serious medical conditions in the future. In the end, this may prove to be a worthwhile investment both in terms of overall health and your family’s financial well-being.
An adult day care center might also represent a financial burden, but it could provide your senior with opportunities to exercise in a safe, productive manner. This can help seniors maintain their health, potentially avoiding expensive medical treatments in the future.
Is It Viable for Your Senior to Age in Place?
Lastly, you might want to ask yourself whether you can allow your senior to continue aging in place. Nursing homes represent a major cost for most families. By spending a little extra on home renovations, you might have the ability to let your senior age in place. For example, you might systematically eliminate fall hazards and install railings in their bathrooms. You might also install a smart home system, allowing them to work with AI to carry out a number of basic daily tasks. The cost of these improvements might be much lower than the fees associated with nursing homes.
Contact the Elderly Care Law Firm Today
Contact the Elderly Care Law Firm today to get started with an effective long-term care plan. While internet research can provide you with a basic foundation of knowledge, a consultation with a qualified, experienced elder law attorney may provide more detailed, personalized guidance based on your unique situation. Reach out today to discuss your long-term care plan further and explore further strategies.
Also known as DWIB, Disabled Widower Insurance Benefits are offered through the Social Security Administration. These benefits assist widows or widowers of deceased workers who qualified for Social Security credits and earned enough of these credits during their lifetime to pass on benefits to their surviving spouse. If you believe that you may qualify for this program, it is worth exploring the possibilities alongside an attorney who has an understanding of elder law, estate planning, and various social security programs. With their help, you may qualify for this vital source of financial assistance.
Here are a number of common questions and answers associated with DWIB:
Who Qualifies for DWIB?
If you are disabled, between the ages of 50 and 60, and have lost a spouse who (due to their employment history) has earned enough social security credits, you may qualify for disabled widow(er) payments from the Social Security Administration.
According to the SSA, “the claimant is considered the widow(er) of the deceased NH (Number Holder) if he or she meets the required conditions described in RS 00207.001. So what exactly are these “required conditions?”
There are three possible relationships that may meet the requirements for DWIB:
Legal spouse of the NH
Putative spouse of the NH
Deemed spouse of the NH
The most obvious relationship is the legal spouse. This involves a valid marriage between the widow(er) and the NH, which is recognized under the laws of whatever state the marriage took place. Note that these state laws may vary.
A putative spouse is someone who still has inheritance rights associated with a marriage, even if that marriage has been voided. In other words, a spouse may still have certain rights to property after a divorce, and these rights may include access to DWIB. A putative marriage may also exist if the marriage becomes invalid for some reason. Note that you typically cannot remarry if you wish to file for DWIB under a putative marriage.
A deemed spouse may also apply for DWIB. This relationship is very similar to that of a putative marriage. A deemed marriage would have been valid if not for a legal impediment of some kind. The SSA defines a number of possibilities, including tribal or religious marriages. One might also go through a marriage ceremony without obtaining a marriage license. Another obvious example is when a prior marriage has not been dissolved.
How Do I Prove My Relationship to the Number Holder?
You may need to prove that you had a valid relationship with the NH. If you are filing as a widow(er) of a spouse in a legal marriage, this may be as simple as showing your marriage certificate. Things may become a little more complex if you are filing under the other relationships, including putative marriages and deemed marriages.
It’s important to note that you may qualify as a widow(er) if you had a child with the Number Holder. This means that if you cannot prove that your marriage was valid, you still may have a chance of pursuing these benefits by simply showing that you are the legal parent of the Number Holder’s child. Adopted parents may also apply under this standard, and it often makes sense to do so rather than trying to establish the legitimacy of a deemed or putative marriage instead.
Are There Any Time Limits Associated With DWIB?
Under SSA regulations, you must have been married to the Number Holder for at least nine months in order to qualify for DWIB. Another important time limit to consider is the seven-year deadline to apply for these benefits. If seven years pass after the death of your spouse, you may be ineligible for these benefits. This seven-year window is called the “prescribed period.” This should give you plenty of time to prove that you are eligible for these benefits and gather any necessary supporting documents.
This time limit may be extended under certain circumstances – most notably when the widow(er) is taking care of the child of the NH younger than 16. If you are taking care of children who are disabled, the age limit does not apply, as long as they are receiving SSDI benefits under the parent’s earning records. Another time constraint to consider is the five-month waiting period. This means that you must wait a certain period of time before you can start receiving benefits from the date of your application.
How Much Will I Receive From DWIB?
It is possible to receive 100% of the deceased worker’s benefit amount under SSA if you are at full retirement age or older. You may also receive up to 99% of this benefit if you are between the ages of 60 and full retirement age. If you apply at age 50, you will be eligible for up to 71.5% of the total benefit. If you apply at any age while disabled or under the age of 16, you will receive 75% of the deceased worker’s total benefit.
What Information Do I Need to Provide When Applying for DWIB
Each claimant may need to provide different information depending on their unique situation. That said, all claimants generally must provide the following information:
Name
Social Security Number
The Number Holder’s Social Security number and name
Proof of spouse’s death
Your birth certificate
Proof of US citizenship
Marriage certificate
Divorce papers
Dependent children’s Social Security numbers
W-2 forms
Banking information
Where Can I Find a Social Security Attorney?
If you have been searching for a lawyer who can help with Disabled Widower Insurance Benefits, consider reaching out to the Elderly Care Law Firm. During your initial consultation, we can discuss your unique situation and determine whether you may qualify for DWIB. If you qualify, we can also help you apply for this program in a manner that increases the likelihood of acceptance. By reducing preventable mistakes and filing your application with our help, you can pursue this program with confidence and efficiency. We can also help you appeal any denied applications, allowing you to pursue financial assistance even if you have encountered roadblocks along the way. Book your consultation today to get started with an effective action plan.
Most people assume that enjoying the full benefits of Medicaid is as easy as signing on the dotted line – but it is not that simple. In order to get the most out of Medicaid, you need to plan out your future carefully. Because even though Medicaid is designed to help vulnerable patients, there is a right way and a wrong way to approach this source of funding. Fortunately, there are many steps you can take right now to plan for Medicaid and ensure the best results. You can start by learning more about this planning process.
Let’s review the significance of Medicaid planning and learn how it can help individuals and families prepare for the high costs of long-term care – while safeguarding their assets and financial security.
How Do I Plan for Medicaid?
One of the first steps of Medicaid planning is to figure out where you are even eligible for this source of coverage. Contrary to popular opinion, finding out whether you are eligible is not a simple process. The eligibility rules are vague and unclear. To make matters worse, these rules are constantly changing – sometimes several times in a single year. Finally, each state has its own unique rules regarding Medicaid eligibility. This makes online research very difficult since most articles contain generalized, vague information that does not apply to your specific state. Finding out whether you are eligible is easier if you work alongside someone who truly understands the Medicaid system.
Once you have figured out the eligibility factor, you can continue to plan by reviewing your financial situation. Sometimes, becoming eligible for Medicaid is easier if you rearrange your finances a little. For example, you may have the ability to transfer a certain number of funds to an irrevocable funeral trust. This might lower your “countable assets,” thereby making you eligible for Medicaid when previously you would have been denied. Again, qualified Medicaid planners (such as elder care lawyers) can help you assess these potential strategies.
You might also need to determine exactly how many spouses need medical care. Do you only need Medicaid for your own coverage, or do you need to get coverage for you and your spouse? Your planning strategy should change depending on your situation. For example, certain “spousal impoverishment” rules apply if two spouses apply – but these rules do not apply if you simply need Medicaid for yourself. Finally, you should also figure out whether you’re eligible for both Medicaid and Medicare since this is possible in many situations. There are obvious benefits of “dual eligibility,” as this gives you more coverage.
How Can I Prepare to Apply for Medicaid?
If you’re getting ready to apply for Medicaid, one of your first steps should be to gather the important documents you need. These include:
Documents that prove your age. This could be a birth certificate or a driver’s license
Proof of citizenship. Only US citizens and lawful permanent residents qualify for Medicaid
Financial documents. These might include:
Paycheck stubs
Statements of retirement assets
SSI income statements
Bank statements
Stocks/Securities statements
Life insurance statements
Pension checks
Income tax returns for the past 5 years
Deeds to any property owned
Property tax bills
Registration documents for any cars you own
Prepaid funeral contracts
IRA account statements
Annuity statements
Proof of residence
Marriage certificate
Spouse’s death certificate (if applicable)
Veteran’s papers (if applicable)
Power of attorney
Financial authorization form
Lease agreement for an apartment (if applicable)
Of these documents, your financial documents are perhaps the most critical. This is because Medicaid is geared towards people who fall under a certain level of wealth. If you cannot prove that you fall within these parameters, you will not be approved.
That being said, there are many assets that do not factor into your eligibility calculations. Because these assets do not count towards these calculations, they are called “non-countable assets.” Examples of non-countable assets include:
Holocaust restitution payments
Personal belongings
Household furnishings
One automobile
Prepaid funeral arrangements
The primary residence
Although these assets are non-countable, it’s still a good idea to provide the state with documentation that details them. The state needs to decide whether these assets should be considered in regard to Medicaid eligibility.
Are There Any Downsides to Medicaid?
Another important aspect of Medicaid planning is deciding whether this option is truly right for you. There may be situations in which Medicaid does not provide you with the greatest level of financial security. For example, you might be in a situation where you can continue to generate serious income despite your retirement or your disability.
In this case, you would need to forgo this income in order to continue Medicaid coverage. If you do the math, you may learn that Medicaid just is not worth it. That being said, it is important to note that you may still be allowed to carry out some work or generate a certain level of income without your Medicaid coverage being affected.
You should also know that Medicare has fewer providers in its network compared to other health insurance networks. This means that your options may be more limited if you receive Medicare – but it does not mean that you will have difficulty accessing care. In the end, only a licensed professional can help you weigh up these pros and cons.
Where Can I Find a Lawyer Who Can Help with Medicaid Planning?
Planning for Medicaid can be challenging – but you do not need to do this alone. With help from a qualified Medicaid lawyer who understands elder care law, you can approach this planning process in an efficient, confident manner. Reach out to the Elderly Care Law Firm today to get started with an effective action plan. We can also help you plan for social security, estate planning, and many other important sources of funding. We know how critical Medicaid can be for the average patient, and we know how crucial it is to maximize your benefits. Book your consultation now, and you can do just that.
