In the past ten to fifteen years medical technology has changed in leaps and bounds.  The law has not necessarily kept pace with new technological developments.  No clearer example can be found than the inheritance rights of children conceived through in vitro fertilization. More people are conceiving children with medical assistance than ever before, thanks…

Published in NAELA Journal By Stephanie L. Schneider, CELA, and Lara Pietrzak On June 26, 2013, the U.S. Supreme Court issued its written opinion on United States v. Windsor and held that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. While the ruling creates entitlement of same-sex married couples to receive federal…

STOP! DON’T DISINHERIT YOUR SPOUSE JUST BECAUSE THEY REQUIRE LONG-TERM CARE Today we see more chronic illnesses (i.e. Alzheimer’s disease; Parkinson’s disease; dementia) that are causing people to provide care or seek long-term care services for an incapacitated spouse.  Chronic illness can trigger the fear of impoverishment or the fear of outliving one’s money.  When…

Attorney General Holder announced this week that more federal rights will be available to married same-sex couples (SSC) as a result of the Windsor decision. Watch Attorney General Holder’s inspiring speech. These new rights will include: Services for LGBT survivors of abuse by their partner under the Violence Against Women Act Stronger civil rights protections…

How To Obtain Expedited Approval of Your Social Security Disability Application The Social Security Administration (SSA) may take a long time to process applications for disability benefits (SSDI) sometimes upward of one year. The delay puts many people in financial hardship unable to pay their bills and help pay for medical care. In order to…

Retired and active military are entitled to designate their surviving spouse to receive the pension upon the veteran’s death.  This is called the ‘survivor benefit plan.’ This benefit plan provides up to 55% of the veteran’s pension and helps many widows and widowers avoid financial hardship.  As a result of the United States Supreme Court’s…

The long awaited update for Medicare rehabilitative services coverage is finally here. The Center for Medicare & Medicaid Services (CMS) has finally updated its Medicare manual regarding coverage for patients receiving rehabilitative services.  This necessary change will help patients and their families advocate for additional Medicare covered services. Under traditional Medicare, the first twenty (20)…

You have seen in my blogs and articles I always say, “Do not sign a nursing home admission agreement that makes you the ‘responsible party’.” That language creates a legal obligation to financially pay for the care if the resident does not pay the facility. If a person other than the resident is signing the admission…

HOW THE AFFORDABLE CARE ACT BENEFITS THE LGBTQ COMMUNITY During his two terms in office President Obama has supported the LGBTQ community in a myriad of ways including: the Patient Visitation Act, repealing Don’t Ask Don’t Tell in the military, and supporting the repeal of DOMA.  The Affordable Care Act (ACA) click here which debuts January…

On Monday December 23, 2013, a federal judge in Ohio ruled that the state must recognize gay marriages by identifying the surviving spouse on a death certificate. The ruling was based on two lawsuits filed in July 2013 by two surviving gay spouses. Ohio does not recognize same-sex marriages performed in other states. When the U.S. Supreme…