The Social Security Administration (SSA) announced the COLA for seniors, placing the increase at 1.7% for 2015. There’s not going to be any change in the Part B premium of $104.90 (for those unmarried seniors with incomes below $85,000). The SSI monthly benefit is $733. The Presumed Maximum Value is $264.33. The 2015 Florida Medicaid Income Cap is $2199. Attorney Babette B. Bach is a Board Certified Florida Elder Law attorney and an expert in public benefits. Call Bach & Jacobs, PA to schedule an appointment with Babette to review your eligibility for Medicaid and other public benefits.
Attorney Babette B. Bach will give a presentation on estate planning for parents of children with special needs on October 14, 2014 at the Lakewood Ranch YMCA. Topics will include planning for a child with special needs with a particular emphasis on special needs trusts.
If you have a child with special needs and would like legal advice on how to properly plan for your child in your estate planning, please contact Bach & Jacobs, P.A. at (941) 906-1231 for an initial consultation.
The State of Florida Agency for Health Care Administration (AHCA) confirmed an expected increase in the 2014 average private pay daily rate for nursing home care. The new number is $262.14, an increase from $250.42 last year. This means the estimate of the new penalty divisor for Medicaid is expected to be about $7,995.00. It will take DCF several months to process the rule change implementing the new penalty divisor. You can read a draft copy of the AHCA study here: http://origin.library.constantcontact.com/download/get/file/1110588872530-130/2014+Private+Pay+Rate+as+determined+by+AHCA.pdf
The State of Florida has enacted a new law that will increase the Personal Needs Allowance for Medicaid recipients from $35.00 to $105.00, the first increase in the history of the Medicaid Institutional Care Program in the state. The increase will become effective on July 1, 2014. The increase is in line item #239 in the General Appropriations Act (HB 5001), which was not among the line items vetoed by the Governor. $14,189,102 from the General Revenue Fund and $21,246,910 from the Medical Care Trust Fund are provided to increase the PNA for residents in institutional settings.
Want to learn more about government benefits that might be available to you? Veterans Benefits, Medicare and Medicaid may be options for you. Learn more about them by watching this ten minute video. This video excerpt is from a lecture given by Babette Bach, Esq., sponsored by the Parkinson Research Foundation.
Question: What is Dependency and Indemnity Compensation and how do I qualify for it?
Answer: Dependency and Indemnity Compensation (DIC) is a tax free monetary benefit paid to eligible survivors of military service members who died in the line of duty or eligible survivors of Veterans whose death resulted from a service-related injury or disease. In order to apply for DIC in Sarasota or Manatee County, contact Terry Acton at 941-861-2899. At the time of application, you will be required to supply documentation that substantiates that the surviving spouse qualifies for the benefit. A surviving spouse can qualify for DIC if the surviving spouse was either: (1) Married to a service member who died on active duty, active duty for training, or inactive duty training; OR (2) Validly married the Veteran before January 1, 1957; OR (3) Married the Veteran within 15 years of discharge from the period of military service in which the disease or injury that caused the Veteran’s death began or was aggravated; OR (4) Was married to the Veteran for at least one year, OR (5) Had a child with the Veteran. In addition, the surviving spouse must have (1) cohabited with the Veteran continuously until the Veteran’s death or, if separated, was not at fault for the separation AND (2) Is not currently remarried. Note: A surviving spouse who remarries on or after December 16, 2003, and on or after attaining age 57, is entitled to continue to receive DIC. The VA is now recognizing same sex legally married couples for all VA benefits.
If you need legal advice for VA benefits, Medicare, Medicaid planning, estate planning, probate or trust administration, please contact our office at (941) 906-1231 for an initial consultation.
Question: My ex-husband has died. Can I apply for his Social Security income, which is higher than mine?
Answer: If you are the divorced spouse of a worker who dies and your marriage lasted for 10 years or more, you could get the same benefits as a widow or widower, regardless of whether your ex-spouse remarried!
Benefits paid to you as a surviving divorced spouse who meets the age or disability requirement as a widow or widower will not affect the benefit rates for other survivors getting benefits on the ex-spouse’s record.
Note: If you remarry after age 60 (age 50 if disabled), it will not affect your eligibility for survivors benefits.
Question: My spouse has died. How do I apply for the higher Social Security income?
Answer: When your spouse dies you are entitled to receive his or her social security retirement income if it is higher than yours.
You can apply for benefits by visiting your local Social Security office or you can call the national toll-free service at 1 (800) 772-1213. It is recommended that you call ahead to schedule an appointment to reduce your wait time but an appointment is not required.
You will be asked to provide documentation to show proof of your eligibility. Below is a list of documents which may be requested:
• Death Certificate;
• Birth Certificate or other proof of birth;
• Proof of U.S. citizenship or lawful alien status if you were not born in the United States;
• U.S. Military discharge papers if you had military service before 1968;
• U.S. Military discharge papers;
• W-2 forms and/or self-employment tax returns for last year;
• Final divorce decree, if applying as a surviving divorced spouse; and
• Marriage certificate
Disabled Adult Child (DAC) is an adult child who has a disability that began before they became 22 years old.
What is the social security benefit for a Disabled Adult Child when a parent retires?
The benefit is based on 50% of parent’s retirement benefit.
Example: If the parent’s retirement benefit is $1500, the disabled adult child would be eligible for $750.
If the child is currently receiving income at the current SSI rate of $710 and he/she is eligible for $750, SSI goes away and the child receives the higher amount.
If the child’s eligibility is less than the current SSI rate of $710, a calculation of SSI and retirement benefits would take place.
For example: Parent’s retirement benefit is $1400, the disabled adult child is eligible for $700. The child would receive $30 in SSI benefits and the remaining $680 would be paid from the retirement benefits.
What social security benefits does a Disabled Adult Child receive when a parent dies?
The benefit is based on 75% of parent’s retirement benefit.
Example: If the parent’s retirement benefit was $1500, the disabled adult child would be eligible for $1125.
What happens when the remaining parent of Disabled Adult Child retires or dies?
If the surviving parent had a higher earnings record, they should contact Social Security Administration to apply to switch over for the higher benefits.
If you need legal advice for estate planning, probate and trust administration, Medicaid planning, or VA benefits, please contact our office at (941) 906-1231 for an initial consultation.
Beginning March 1, 2013, beneficiaries of government benefits are required to have their funds directly deposited into a bank account or they can receive funds through a Direct Express Mastercard issued directly from the government through Comerica Bank.
Signing up for the Direct Express card is easy. Call 1-800-333-1795 or go online to www.godirect.org.
The card will allow beneficiaries access to their funds by making purchases or withdrawals at ATMs. The card has no sign-up fee, no monthly fee and no overdraft charges. There is no fee for teller transactions and beneficiaries can access more than 50,000 participating ATM machines once monthly at no charge.
This new law will save the government a considerable amount of money. It costs $0.92 more to issue a paper check than it does to process funds electronically. There is also less risk of funds being lost or stolen.
Automatic waivers of this new electronic mandate are granted to those beneficiaries born on or before May 1, 1921.
If you need legal advice for estate planning, Asset Protection Planning, Medicaid or planning, please contact our office at (941) 906-1231 for an initial consultation.
