The Pitfalls of the Do It Yourself Divorce Part#5

/in , /by

This is the fifth post in a series where we alert you to the Pitfalls of the Do It Yourself Divorce.

Pitfall # 5  Thinking you are “doing the right thing.”

The old saying, no good deed goes unpunished, applies to divorce.  We have heard it a million times.  Ok, thats an exaggeration, but we hear it a lot.  You don’t get representation because you just want to do the right thing by your spouse and move on.  Or you have a lot of guilt about the break up of the marriage.  So you don’t fight for yourself.  You thought you moved on, but you find out you still have a mess.

The Risk

People define things differently.  Your definition of the right thing is likely to be very different that your spouse’s. You think you are buying your peace by agreeing to your spouse’s demands and you simply sign whatever they or their attorney puts under you nose.  You believe you bought your peace, but what you find out is that you just committed yourself to something without the protections of reciprocity from your spouse.

An Example

John’s marriage disintegrated after he had a fling with a coworker.  His guilt for ruining his home led him to try to do the “right thing” by his wife.  She demanded the house and a handsome amount of monthly spousal support.  As penance, he agreed.  He failed to sit down and determine how he was going to pay for a place to live, utilities and food.  All was well for awhile, until his reserves were gone.  But there he was, stuck with a court ordered monthly bill to pay his wife. And she was still not in a forgiveness mood.  To fix the mess, he had to hire an attorney to renegotiate if possible and litigate if necessary, something he wishes he had done in the beginning.

Avoid The Risk

Don’t risk a disaster.  Instead, hire an experienced family law lawyer to protect your interests and make sure your divorce is valid.  Shelley Goff at Goff and Goff Attorneys has been practicing family law for 28 years.  Call us. We can help you navigate the process as smoothly as possible.  318-255-1760.

 

PLEASE HELP US GET THE WORD OUT BY CLICKING ONE OF THE SOCIAL MEDIA BUTTONS BELOW. THANKS!

Avoiding Medicare Scams

/in /by

By far the largest types of insurance fraud are scams against government and private health care insurers. The Coalition Against Insurance Fraud estimates that tens of billions of dollars are lost annually to these types of fraud. Additionally, medical identity theft is now a top complaint received by the Federal Trade Commission. Billing fraud is also responsible for huge losses to Medicare funds.

How does this affect a senior on an individual level? Although scammers frequently steal newly issued medical ID cards to take over the owner’s identity, scammers also pose as Medicare officials and ask people to pay for their new cards, which in reality are free. They also phone a potential victims with false news of  refund and ask for  ID numbers and bank account numbers to deposit the refund. 

The Centers for Medicare and Medicaid Services have provided a list of tips to help prevent fraud. The first and foremost is to protect your Medicare and Social Security numbers vigilantly. Treat your Medicare card like you would any credit card.  Do not provide the number to anyone other than your doctor or people you know should have it. Become educated about Medicare with regards to your rights and what a provider can and cannot bill to Medicare.  Review your doctor bills carefully, looking for services billed for but not provided to you. Remember, nothing is free with regards to medical care, so never accept offers of money or gifts of free services. You should be suspicious of your provider if they tell you they know how to “bill Medicare” to pay for a procedure or a service that is not typically covered. Before leaving your pharmacy check to be sure your medication is correct, including the full amount prescribed and whether  you received a generic or brand name medicine. If your prescription is in error, then report the problem to the pharmacist before leaving. 

Remember Medicare will never visit, call, or email you and ask for personal information such as your Medicare number, Social Security Number, address, or bank account number. Medicare already has this information and does not need you to provide it.  When Medicare issues new cards in April of 2019, you will not be required to do anything. You can assume that anyone who claims to be helping you with Medicare and asks for your personal or financial information is a scam artist so close the door, hang up the phone, or delete the email.

“Right now … everyone is being inundated with TV commercials, brochures and other official-looking documents in the mail about all the Medicare Advantage plans. It’s so confusing, and in an environment like that, fraud is rampant,” says Micki Nozaki of the California Senior Medicare Patrol. There are more than 50 million Medicare beneficiaries who can annually opt to swap Medicare Advantage and Part D prescription drug plans which provide scammers with the opportunity to prey on vast numbers of seniors.  

When it is time to compare plans be sure to meet with a trustworthy advisor. Some insurance representatives give the industry a bad name by selling you a policy or plan that does not suit your needs or your budget. Some agents go so far as to ask you to sign a release form allowing them to make decisions on your behalf. Never sign anything related to Medicare without first reading it carefully. Additionally, it is a good practice to have a family member or lawyer review the document before signing it. The non-profit National Council on Aging (NCOA) has a free, brief assessment that allows you to compare plans online. You can also contact your local State Health Insurance Assistance Program (SHIP). SHIPs is a provider of free, federally-funded Medicare counseling via a trained volunteer or staff member. 

Medicare fraud wastes billions of taxpayer dollars annually. With common sense and open eyes, you don’t have to become a victim of these predators. 

If you have questions or would like to discuss anything you’ve read, please don’t hesitate to contact us.

Add Goff, Elder Law Attorney

PLEASE HELP US GET THE WORD OUT BY CLICKING ONE OF THE SOCIAL MEDIA BUTTONS BELOW. THANKS!

The Pitfalls of the Do It Yourself Divorce Part #4

/in , , /by

This post is the fourth post in a series where we alert you to the pitfalls of the Do It Yourself divorce.

Pitfall #4  Letting your spouse hire the attorney.

You decided not to hire an attorney.  Instead you will trust your spouse to hire the attorney to do the paperwork.  After all, you know your spouse will be fair.  Besides this will save a ton of money.

The Risks

That attorney your spouse hired?  He doesn’t represent you.  Your spouse is the client and the attorney owes a loyalty only to your spouse.  The attorney will work to get only what his client, your spouse, wants, not what you want.  That attorney does not have a duty to explain to you the implications of your agreement with your spouse.

Example:  You agree to do something without understanding the repercussions:

You and your spouse bought a home and there is a mortgage payment due every month.  Your spouse files for divorce. You agree to make the house payment while the divorce is pending or until it is sold.    The attorney writes the agreement up saying you make the house payment as spousal support.  You think, no big deal, I agreed to make the house payment, and you sign the agreement.  The court approves the agreement and makes it an order of the court.  Do you see what happened there?  If not, you needed an attorney.  You just cost yourself some money in your property division.

Example:  You don’t know your rights:

Your spouse’s attorney advises them to wait the separation period before filing for a divorce.  You go along with this plan.  You know you can’t get a divorce in Louisiana until you have lived separate and apart for 365 days if you have children.  Its 180 days if you have no children.  So you wait.  In the meantime, your spouse starts galavanting around the world, spending his paycheck on himself, taking trips and generally living it up.  You, on the other hand, are slaving to make ends meet.  He gives you a bit of cash here and there to “help” with the kids.  That’s only fair because he makes 3 times what you make.

As the separation time gets short, things start to go south quickly.  He stops giving you any cash and jets off on a vacation.  Its then that you make an appointment with an attorney.  You find out that he should have been paying you a lot more, enough that you would not have struggled over the past 11 months.  But, those months are gone, and he isn’t going to have to pay retroactive because you had nothing on file at the courthouse.

Avoid The Risk

Don’t risk a disaster.  Instead, hire an experienced family law lawyer to protect your interests and make sure you know your rights.  Shelley Goff at Goff and Goff Attorneys has been practicing family law for 28 years.  Call us. We can help you navigate the process as smoothly as possible.  318-255-1760.