by Samantha Shepherd | Oct 21, 2020 | Elder Law
A U.S. appeals court rules that a group of Medicaid applicants do not have a private right of action to sue in federal court over whether they can deduct their pre-eligibility nursing home expenses from their income. Nasello v. Eagleson (7th Cir., No. 19-3215, Oct. 6,...
by Samantha Shepherd | Oct 14, 2020 | Elder Law
The Social Security Administration has announced a 1.3 percent increase in benefits in 2021, an increase even smaller than last year’s. Cost-of-living increases are tied to the consumer price index, and a modest upturn in inflation rates and gas prices means Social...
by Samantha Shepherd | Oct 12, 2020 | Elder Law
The rules around required minimum distributions from retirement accounts are confusing, and it’s easy to slip up. Fortunately, if you do make a mistake, there are steps you can take to fix the error and possibly avoid a stiff penalty. If you have a tax-deferred...
by Samantha Shepherd | Oct 7, 2020 | Elder Law
While the coronavirus pandemic has curtailed access to residents of nursing homes and assisted living facilities, it should not prevent any contact. Legally, your grandmother should have the right to determine who she contacts and communicates with. If she is not...
by Samantha Shepherd | Oct 5, 2020 | Elder Law
The U.S. Census, conducted once every 10 years, determines how more than $675 billion in federal resources is allocated annually, including many programs like Medicaid, special education funds, housing vouchers, and food and employment assistance vital to people with...
by Samantha Shepherd | Oct 2, 2020 | Elder Law
Every adult is assumed to be capable of making his or her own decisions unless a court determines otherwise. If an adult becomes incapable of making responsible decisions, the court will appoint a substitute decision maker, usually called a “guardian,” but...
by Samantha Shepherd | Sep 29, 2020 | Elder Law
Good question. Probably the best solution would be for you to sign a use and occupancy agreement with your son and daughter-in-law, giving you the right to live in the house for as long as one or both of them owns it. The agreement could also spell out any obligations...
by Samantha Shepherd | Sep 25, 2020 | Elder Law
The COVID-19 pandemic has been particularly devastating for nursing homes and their residents. Aside from the tragically disproportionate loss of life, care for surviving residents has been delayed or interrupted due to infection, facility lockdowns or other health...
by Samantha Shepherd | Sep 25, 2020 | Elder Law
While Medicare would cover a coronavirus vaccine approved through normal channels, if the Food and Drug Administration approves the vaccine through an emergency use authorization (EUA), Medicare will not cover it unless the government acts. As we previously reported,...
by Samantha Shepherd | Sep 23, 2020 | Elder Law
Medicare’s Open Enrollment Period, during which you can freely enroll in or switch plans, runs from October 15 to December 7. Now is the time to start shopping around to see whether your current choices are still the best ones for you. During this period you may...
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