“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.
The Social Security Disabilities Act provides monthly cash payments (SSD benefits) to disabled individuals who meet both medical and financial requirements. But did you know that there are many steps you can take to maximize your social security benefits? Understanding how to get the most out of your retirement benefits could make a real difference. It might even be the difference between feeling pressured about your financial situation and living a carefree retirement. But what steps do you actually need to take?
How Many Years Do I Need to Work?
As a general rule, it is a good idea to work for at least 35 years in order to maximize your social security benefits. Why? Because the SSA calculates your benefits based on your lifetime earnings. Their calculations take into account your 35 highest-earning years and then use an average indexed monthly earnings formula (also known as AIME) to find your total benefit. Any “missing years” will count as zero, bringing down the average and therefore lowering your benefits. But if you work for 35 years or more, each year will count as a “positive value,” increasing the average rather than diminishing it.
Should I Delay My Benefits?
For most people retiring in the modern era, the “full retirement age” is 66. This is the age at which you are eligible to receive your full social security benefits. But wait a moment – is there any benefit in delaying these benefits? As it turns out, this might be a very good idea – especially if your goal is to maximize these benefits as much as possible. In fact, your benefit amount increases by 8% each year until you reach the age of 70. So if you can handle delaying your benefits for four years, you could receive much greater benefits throughout the rest of your retirement and life. Combine this with COLAs (cost of living adjustments), and you could seriously boost your benefits. This is thanks to high inflation that justify COLAs and the inherent benefits of compounding.
Should I Claim My Spousal Benefits Early?
If you have a spouse, you can maximize your social security benefits by claiming only one of your benefits. This way, you can allow the non-claimed spouse’s benefits to continue to gain value throughout the years. When you reach the age of 70, the non-claimed spouse’s benefits will be worth much more. You can then claim your own social security benefits, switching from the lower-paid option to the higher-paid option. This is only available to spouses born before 1954, however.
How Do I Deal With Social Security Tax?
Another obvious way to maximize your social security benefits is to minimize your social security taxes. It might sound easy, but it could be more complex than you realize. For example, even a slight increase in your income could seriously increase your taxes. Unfortunately, 50% to 85% of your benefit payments could be subject to federal taxes under certain circumstances. It all depends on your AGI (adjustable gross income). If this number goes above a certain amount, you could face some serious taxes. A solid choice would be to speak with a tax or financial expert to explore strategies for getting tax-free social security benefits.
What is the Maximum Amount of Earnings?
The maximum amount of earnings is an important factor to keep in mind as you attempt to maximize your social security benefits. In 2023, the maximum amount of earnings is about $160,000. This number is adjusted for inflation each year, which means that it could continue to increase throughout the 2020s. If you earn more than $160,000 per year, this amount is not taxed and will not be factored into your future social security payments during retirement.
At What Age Should I Retire?
The age at which you retire does not really have an effect on social security benefits. But as previously stated, you can maximize your social security benefits by retiring after working for at least 35 years. You should do your own calculations to determine when this date might be according to your own age and the age at which you first started working. In addition, you should know that you can retire without claiming social security benefits. Remember, your social security benefits reach a maximum at age 70. This means that you might choose to retire and then wait until this age to file your claim.
How Much Can I Earn During Retirement?
There is such a thing as “earning too much” during retirement. This is something you need to keep in mind, especially if you plan to keep working part-time during your twilight years. If you file a claim before your retirement age, part of your benefit payments could be withheld if you earn a certain amount. Those who earn more than about $21,000 could have 50% of income over this amount withheld. On the year you reach your full retirement age, the limit increases to about $56,000, and the penalty also decreases to about 33% over that limit. For all years after your full retirement age, these limitations go away entirely. You will also receive all of the money that was previously withheld due to previous earnings.
Get Help From the Elderly Care Law Firm Today
If you are ready to start learning more about maximizing your social security benefits, do not hesitate to reach out to the Elderly Care Law Firm today. During your consultation, you can ask plenty of questions about your social security plan and receive targeted personalized legal advice. Among other things, lawyers can help you get hold of important records, represent you during interviews and hearings, and file appeals for rejected claims. The latter is especially important, particularly if you don’t understand why your claim has been denied. Whatever the case may be, navigating the social security system is easier with a lawyer at your side, and you can increase your chances of success with our help. Reach out today to get started with an effective action plan.
It can be difficult to get benefits from the VA. Working with an attorney to prepare your claim or your appeal before you submit it can make all the difference. But before you contact a lawyer and start pursuing these benefits in a more efficient manner, you might want to go over some of these common questions and answers beforehand. If you can answer your questions before your first consultation, it is easier to move forward with your lawyer without wasting as much time. Gaining a greater understanding of veterans’ benefits helps you achieve a greater sense of confidence, allowing you to make more informed decisions. Here are some of the most common questions people ask about Veterans’ Benefits:
Do I Need to Be Disabled to Get Benefits?
If you want to take advantage of disability benefits through the VA, you must show that you were disabled. Not only that, but you must show that you incurred your disability as a direct result of military service. For example, you may have suffered an injury or an illness while on active duty. You may also receive benefits for a pre-existing condition that was made worse by military service. The definition of “active” is important when determining your type of service.
Your eligibility for benefits may also depend on the circumstances in which you were discharged. The five branches of the US military include the Army, the Navy, the Marine Corps, the Air Force, and the Coast Guard. That being said, you may still qualify for benefits even if you did not serve in one of these branches. The definition of a “veteran” is extremely nuanced, and it is best to speak with a lawyer if you want to determine your eligibility.
With all that said, it is important to remember that there may be many other VA benefits available for those who are not disabled. For example, veterans’ preference allows you to enjoy better job opportunities in some cases in the federal government. You do not need to be disabled in order to qualify for veterans’ preference.
Can I Appeal a Denied Disability Benefits Claim?
Yes, you are perfectly within your rights to appeal a decision you disagree with – whether that involves a denied disability benefits claim or any other VA process. This process changed in 2019, and you now have three decision review options to choose from. These options include supplemental claims, higher-level reviews, or board appeals. If one option fails to provide results, you can try a different option. To give yourself the best possible chance of a positive outcome, you should work with a qualified attorney to review your denied claim and appeal the decision.
What Kind of Disability Benefits Can I Receive?
US veterans can receive compensation for disabilities incurred while serving in the military. This compensation is designed to offset the cost of medical treatments, missed wages, and any other out-of-pocket expenses associated with injuries and illnesses. Covered conditions include chronic back pain, scar tissue, hearing loss, ulcers, cancers, TBIs, depression, and much more. You can also get compensated for severe injuries like amputations, bullet wounds, and things of that nature.
Military veterans can receive compensation from Social Security and the VA at the same time. In fact, veterans receive expedited processing when applying for SSDI. While this does not necessarily guarantee that you will receive benefits from both government programs, many veterans do, in fact, enjoy compensation from both sources.
One thing to keep in mind is that SSDI is typically reserved for those who cannot work due to their medical conditions. On the other hand, VA disability benefits may be provided to veterans who can still work to some extent. Instead of trying to determine whether or not your ability to work has been affected, the VA simply rates your injury based on a sliding scale and awards compensation based on its severity.
Can I Get Benefits for My PTSD?
Yes, disability benefits are not simply reserved for those with physical injuries. You can also get compensation for PTSD, depression, anxiety, and a range of other psychological issues. In order to receive compensation for these issues, you will need to prove that they exist. The VA has specific guidelines when it comes to PTSD, and you must meet a number of eligibility requirements. The “stressor” or traumatic event must have occurred during your service, and it must affect your ability to function. In addition, a qualified doctor must officially diagnose you with PTSD.
What Kind of Documents Do I Need to Apply for VA Benefits?
You will need to gather up a number of important documents before you apply for VA benefits. Find your social security number as well as the SSNs of your spouse and dependents. You should also get a copy of your military discharge papers – usually known as a “DD214.” Finally, get copies of your insurance information, including your insurance card and a detailed description of your coverage. This includes coverage provided by your spouse. Finally, you should get evidence of your gross household income from the previous calendar year and your deductible expenses.
Can I Apply for VA Benefits Even if I am Not a Citizen?
Yes, you can apply for VA benefits if you served in the US military without being a US citizen. The VA website clearly states that “most VA benefits are payable regardless of your place of residence or your nationality.” The only thing you need to keep in mind is that reserve and guard members are not eligible unless they are specifically called into service by the president.
Get Help From a Veterans’ Benefits Lawyer Today
If you have been searching for a qualified, experienced lawyer who can help you get benefits from the VA, look no further than the Elderly Care Law Firm. Over the years, we have helped numerous veterans fight for their rights and experience the benefits they deserve. Book your consultation today to get started with an effective action plan and pursue the benefits you need.
Medicaid is a jointly funded federal and state medical assistance program that provides health coverage for low-income Americans with limited assets. Low-income individuals who are either aged (65 or older) or disabled are granted SSI-Related Medicaid. Medicaid programs for the elderly and disabled assists in covering various long-term care services. The Medicaid long-term care program ensures that people who cannot afford the high level of care they need are still able to receive it. Seniors who meet their state’s financial eligibility requirements and have a documented medical need for nursing home level care should qualify for Medicaid coverage of their nursing home costs. It is also imperative to know that Florida residents who are eligible for Supplemental Security Income (SSI) are automatically eligible for Medicaid coverage from the Social Security Administration.
This program provides:
– Health care services – Dental care services – Long-term care supports (Nursing home and residential care) – In-home or assisted living services
Our staff here at the Elderly Care Law Firm are well versed in the laws surrounding Medicaid Planning. Give us a call to schedule a consultation today.
