Ronald Morton's Elder Law Blog

In Honor of Our Veterans

Wednesday is Veterans Day, and in honor of our Veterans, the Morton Law Firm is hosting an open house for our clients and their friends and families.  We will also present a brief course on VA Pension benefits.  Many of our Veterans are unaware that they qualify for up to $2,000 in additional compensation to assist them in paying for their care.  To qualify they need to have served in the military at least one day during war time, and have served for at least 90 consecutive days, and have received an other than dishonorable discharge.  This benefit has made the difference between being able to afford assisted living or not for many of our clients.  Please feel free to join us on Tuesday, November 10 at 6:00 pm if you would like to learn more about this important veterans' benefit.

You Do Not Have to Pay a Lawyer To File A Medicaid Application ... and other words of wisdom from our government

Recently the Mississippi Division of Medicaid has decided to spend taxpayer dollars to engage in a campaign informing people that they don't need to hire a lawyer to file a Medicaid application.  I thought I might suggest other "'I'm from the government and I'm here to help you" type of advice.

"If Your are Charged with a Crime, You Don't Have to Hire a Lawyer to Enter a Guilty Plea"

"You Don't Have to Hire An Accountant to Prepare Your Taxes.  The IRS Will Prepare Your Return for You For Free!"

"You Don't Have To Hire A Lawyer To Appeal the Denial of Your Disability Claim. We'll Tell You How To Do It"

Of course, if you want independent, informed advice about all of your options when applying for Medicaid benefits, an elder law attorney is a prudent choice.  Often, in simple cases, a short complementary phone conversation can confirm that you already qualify for benefits.  Such a call can also often reveal planning opportunities that are available that will preserve assets many times those revealed by Medicaid.  It's your choice.  "Trust us, we're from the government ...", vs. an independent advocate that represents only your interests.  

Nursing Home Ratings

US News and World Report has rated nursing homes around the nation.  Mississippi has 25 homes with a 5 star rating.  To see how a particular home that you are considering rates, click here.

Medicaid will Stop Provider Payments

In a letter to Medicaid providers, such as nursing homes, dated June 19, 2009, the Division of Medicaid announced that, due to the state's budget crisis, it was out of money and would cease all provider payments until it received funding.  The letter points to a $39 million shortfall in current budgeting.  Once providers notify Medicaid recipients that their coverage has been discontinued, I presume the plan is for public outcry to place pressure on the legislature to find a method to fund the program - presumably using the hospital tax that the governor wants, since the Division of Medicaid falls under the executive branch and no doubt sent the letter at his direction.

Make the Children Pay?

One writer recently speculated that states could begin looking to children to pay for the Nursing Home and other medical expenses incurred by their parents and paid by Medicaid.  Article here.  Specifically, the suggestion is that Miss. Code Ann. Sec. 43-31-25 be used to require reimbursement from children for the nursing home or other Medicaid expenses of the parent.  While such a cost recovery scheme may be tempting to cash strapped Mississippi, it would also be illegal.  Federal Medicaid law prohibits states from seeking reimbursement from children for Medicaid expenditures.  The law requires the state, however, to seek recovery of those expenses from the estate of the Medicaid beneficiary.  This is known as "Estate Recovery."  So, parents receiving Medicaid benefits who wish to pass down some legacy to their children must do some pre-planning if they wish to protect some of their assets from forfeiture to Medicaid.  If you have questions about how estate recovery can effect your family, feel free to email me or schedule an appointment. 

Mobid Obesity, Chronic Pain and Depression not SSI Disability

Continuing a string of Social Security related cases in which the denial of benefits was upheld, the 5th Circuit upheld the ALJ’s denial of applicant’s SSI application finding that, although the applicant was obese and unable to perform the functions of his prior vocation, he was able to engage in light duty work.  The ALJ chose to disregard the testimony of the applicant’s physician who suggested that the applicant was totally disabled within the meaning of the Social Security regulations.
      
Zimmerman v. Astrue, (5th Cir. August 13, 2008)
Full case: http://www.ca5.uscourts.gov/opinions/unpub/07/07-20766.0.wpd.pdf

Nursing Homes Evicting Costly Residents

Nursing home evictions of frail and ill residents are rising, according to an article in the Wall Street Journal. The U.S. Administration on Aging reports that formal complaints of eviction practices have doubled over 10 years to 8,500 in 2006, and the practice of involuntary nursing home evictions may be far more prevalent because not all residents file complaints.

Garnishment of Social Security Benefits Illegal

The Social Security Administration's Inspector General concludes in a recent report that many banks are violating federal law by garnishing accounts that receive electronic deposits of Social Security benefits. The practice could imperil millions of low-income seniors and people with disabilities who rely on Social Security.

Bill Would End Nursing Home Practice of Mandatory Arbitration

Two U.S. senators have introduced legislation that would end the practice of nursing home residents signing away their right to a trial before any actual dispute with the facility has arisen.

Nursing Home Call Girls?

A male resident at the Kildegaarden nursing home in Denmark recently made an indecent sexual proposal to a member of the staff. In a U.S. nursing home, this behavior would have been ignored or rebuked. But at Kildegaarden, the response of the facility's director, Inger Marie Kristensen, was to tell a nurse to telephone for a prostitute.