Proving Age Discrimination Is Difficult

As baby boomers continue to work past retirement age, age discrimination lawsuits are becoming more common. Two out of three workers between ages 45 and 74 say they have seen or experienced age discrimination, according to AARP. However, experiencing it and proving it are two different things. The federal Age Discrimination in Employment Act (ADEA) forbids employers with 20 or more employees to discriminate against people who are age 40 or older. The law prohibits an employer from discriminating in hiring, firing, wages, job assignments, promotions, or any other aspect of employment. It is also illegal to harass employees based Continue Reading

How Changes to the American Healthcare Act Will Affect Medicaid

Proposed republican changes to the American Healthcare Act would modify changes in the health care system brought by the ACA and would also permanently restructure Medicaid, America’s largest government health care program. Medicaid pays for the long term care costs of 2/3 of nursing home residents, many middle-class Americans who spent all of their savings on care before becoming eligible for Medicaid. The proposed American Health Care Act would try to reduce the federal share of Medicaid spending by limiting how much the federal government would pay for each person enrolled in Medicaid. The results would be major reductions in Continue Reading

New Protections for Nursing Home Residents

New Obama-era rules designed to give nursing home residents more control of their care are gradually going into effect. The rules give residents more options regarding meals and visitation as well as make changes to discharge and grievance procedures. The Centers for Medicare and Medicaid finalized the rules — the first comprehensive update to nursing home regulations since 1991 — in November 2016. The first group of new rules took effect in November; the rest will be phased in over the next two years. Here are some of the new rules now in effect: Visitors. The new rules allow residents Continue Reading

Study Finds That Social Security Workers Often Provide Incomplete Information

Americans are misinformed about many aspects of Social Security, and local Social Security offices may not be helping, according to a study by the Government Accountability Office (GAO). The study found that the Social Security field offices often did not provide key information that would help people make well-informed decisions about when to file for benefits. Deciding on the right time and the right way to apply for benefits can be confusing for many people. While you can apply for Social Security at age 62, your monthly benefit will be much lower than if you waited until your full retirement Continue Reading

Too Busy to Die

A new documentary airing on HBO demonstrates an optimistic vision of aging as Carl Reiner interviews his contemporaries in entertainment including Mel Brooks, Norman Lear and Betty White, all in their nineties and still working. The documentary attributes a passion for hobbies and maintenance of close friendships as why they have reached their ages. For the entire article follow this link For Carl Reiner and His Fellow Nonagenarians, Death Can Wait By Dan Hyman | New York Times The title of Carl Reiner’s most recent book is “Too Busy to Die,” and this 95-year-old comedy legend can thank his vivid Continue Reading

The Use of Immediate Annuities in Medicaid Planning for Married Couples

Immediate annuities can be a useful tool to protect the spouse of a nursing home resident who applies for Medicaid. These types of annuities allow the nursing home resident to spend down assets and give the spouse a guaranteed income. But immediate annuities may not work in every state, so be sure to check with your attorney. Medicaid is the primary source of payment for long-term care services in the United States. To qualify for Medicaid, a nursing home resident must become impoverished under Medicaid’s complicated asset rules. In most states, this means the applicant can have only $2,000 in Continue Reading

Short-Term Care Insurance: An Alternative to the Long-Term Care Variety

A little-known insurance option can be an answer for some people who might need care but are unable to buy long-term care insurance. Short-term care insurance provides coverage for nursing home or home care for one year or less. As long-term care premiums rise, short-term care insurance is gaining in popularity. This type of insurance is generally cheaper than its long-term care counterpart because it covers less time. Purchasers can choose the length of coverage they want, up to one year. According to the American Association for Long-Term Care Insurance a typical premium for a 65-year-old is $105 a month. Continue Reading

Dispute Between Brothers Demonstrates Need to Plan for Long-Term Care

A recent New Jersey appeals court case demonstrates how important it is for families to come up with a long-term care plan before an emergency strikes. The case involves two brothers who got into a fight over whether to place their mother in a nursing home – a dispute that resulted in one brother filing a restraining order against the other R.G. was the primary caregiver for his parents and their agent under powers of attorney. After R.G.’s mother fell ill, R.G. wanted to place his mother in a nursing home. R.G.’s brother objected to this plan, but R.G. went Continue Reading

IRS Now Allows Private Debt Collectors to Dun Taxpayers

In a move that could be confusing to seniors who are vulnerable to scams, the IRS will begin using private debt collection agencies to collect past-due taxes. The new program will begin in April 2017.Authorized by a law Congress passed in December 2015, the IRS may now contract with private debt collectors to collect certain debts. The private collection agencies can work on accounts in which the taxpayer owes money, but the IRS is no longer actively working on the account, perhaps because the account is older or the IRS does not have resources to continue pursuing it. Historically, scammers Continue Reading

Aging Drivers and the Law

For better or for worse, our current culture is very car-dependant; in many places, cars are the only convenient link to the outside world. Unfortunately, as people age, driving can become more difficult and more dangerous. The elderly drive less, but have more crashes per mile than younger drivers. This is partially because elderly individuals are more likely to be affected by poor eyesight, chronic disease, and medications that might impair driving. States vary widely on how they treat older drivers.  (For information each state’s license renewal procedures, click here.) While no state will revoke a driver’s license based only Continue Reading