On March 25, 2015 Bryant Jordan of Military.com reported: A national organization of elder law attorneys on March 17 filed a 27-page letter with the VA arguing why the department should not make proposed changes to rules for a pension program for low-income veterans aged 65 and older. The VA wants the rules tightened up to ensure that the…

Calling All Business Owners: Don’t Forget Your Estate Plan! If you do not have legal documents in place because you believe that you don’t have a taxable estate (one whose gross value exceeds $5.43M) you are missing the point. Like most business owners you have probably spent countless hours, energy and ideas on how to…

It’s Back: The Veteran’s Administration Proposes New Rules for Aid & Attendance Aid & Attendance benefits is a monthly financial benefit provided to service men and women (and their spouses) to help pay for out-of-pocket medical expenses that are not reimbursed by insurance. The goal of this program is to help the veteran be able…

Are you a Same Sex Married Couple in Florida? Know Your Homestead Rights As the celebrations continue since January 5, 2015, have you begun to get your affairs in order to take advantage of your marriage now being recognized in Florida? If you and/or your spouse own a Florida home as your primary residence NOW…

Beware Non-Lawyers’ Advice to Obtain Medicaid and Veteran Benefits: The Unauthorized Practice of Law Recently, the Florida Supreme Court issued an opinion that identifies what actions taken by non-lawyers constitute the unauthorized practice of law (UPL). This opinion, and reporting individuals who commit UPL to The Florida Bar (TFB), will help protect the public. Be careful: there are…

This month’s ‘Tips and Tales’ focuses on what needs to be done before distributing proceeds to a client who receives Medicaid or SSI benefits. Feel free to use this checklist in your office: At inception of the lawsuit ask the client whether he/she receives Medicaid, SSI, Food Stamps, HUD housing (or other financially sensitive government benefits). Document your file. Request a copy of…

If you have followed the caselaw interpreting Ahlborn you know that it has been a long winding road with many attempts by state Medicaid agencies to access the entire settlement, not just the portion attributed to medical expenses. Most recently in 2013 Congress sought to strengthen the Medicaid third-party liability act when it passed the Bipartisan Budget Act of 2013. In section…

Publix Is Helping Businesses Pave The Way for Equality in Florida Kudos to Publix Supermarket for offering legally married same sex couples health insurance benefits effective January 1, 2015!  By recognizing same-sex marriages performed in a state where it is legal, regardless of the current state of residence of the employee, Publix is demonstrating it is instituting equality…

Santa, Is There a Difference Between a Qualified Income Trust and a Special Needs Trust? Yes, Virginia, there is a difference and you need to consult a qualified elder law attorney to know which document you need based on your personal circumstances. A ‘Qualified Income Trust‘ is required if you are applying for Medicaid assistance…

Monday December 15, 2014, Congress passed the ABLE Act. The goal of the ABLE (Achieving Better Life Experience) Act is to provide funding for qualified disability expenses for individuals while allowing them to receive SSI and/or Medicaid assistance, employment and money from other sources. The ABLE Act provides an account to hold assets up to…