10 Ways to Maximize Your Social Security Retirement Benefits

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Smiling African American retired couple walk together on the beach.Social Security wasn’t meant to be a primary source of income for retirees when it was first created in 1935. It sought to provide an umbrella of protection for people who couldn’t save enough for retirement. Most Americans didn’t think much about Social Security, perhaps because they were living shorter lives and relying on guaranteed incomes.

Nowadays, however, you might wonder how you can increase your Social Security retirement benefits. In fact, you may be able to double or even triple your monthly checks. Read on for potential strategies available to you.

Simple Strategies to Boost Your Retirement Benefits

To help you get the most out of your Social Security retirement benefits, you can use more than one of the following strategies, though some of them have conditions regarding who can use them:

1. Work at Least 35 Years

How much you get from Social Security depends on the years during which you earn the most money. Your payout decreases if you haven’t worked for at least 35 years.

If you work for more than 35 years, a year with higher earnings will cancel out a year with lower earnings when figuring out your Social Security income. (Read more on how the Social Security Administration, or SSA, calculates retirement benefits.)

2. Work Until Your Full Retirement Age

You can file for benefits payments as early as age 62. Yet early retirement means getting smaller monthly payments from Social Security. Your full retirement age will vary depending on the year you were born.

For example, for people born after 1960, full retirement age is 67 years. You’ll always incur a penalty if you claim before you reach your full retirement age.

Note that if you file for Social Security before you reach full retirement age and then keep working, you might not get all your benefits immediately.

Anyone under full retirement age who gets Social Security retirement benefits and makes more than $21,240 in 2023 will have $1 taken out of their check for every $2 they make over the cap. The cap will increase to $22,320 in 2024. The year you’ll reach full retirement age, the most you can earn goes up to $56,520 (in 2023), and the penalty goes down to $1 being taken out for every $3 you earn over the cap.

Once you reach full retirement age, however, you can work and get Social Security without a penalty. The SSA will recalculate your benefits to account for delayed past benefit payments and continued earnings.

3. Delay Claiming Social Security Until You’re 70

You don’t have to claim your Social Security benefit immediately if you don’t need the money. If you delay your payments past your full retirement age and wait longer, you may become eligible for delayed retirement credits that increase your monthly payment. Eventually, you may get more each month.

Every year until age 70, payments will increase by about 8 percent. After that, waiting to sign up for Social Security won’t benefit you in any way.

For example, if you are 67 and can start getting $1,000 a month from Social Security, you could get $1,240 a month if you wait until you turn 70. These higher payments will continue for the rest of your life, and every year, they rise to help in keeping up with inflation.

Many financial planners suggest their clients use other financial resources, such as retirement funds, if that allows them to delay filing for Social Security.

SSA workers sometimes tell people wrongly that they can’t suspend their payouts; visit the SSA website to get the facts.

4. Get Social Security Benefits for Your Spouse

If you’re married, there are also strategies that may allow you to get more out of Social Security.

Spouses who don’t make as much money as their partner might get more from a spousal benefit than from their own retirement benefit. You can get up to half of what the person who makes more money receives when they reach full retirement age.

The spouse making more money must receive retirement benefits in order for their partner to get a spousal benefit. (Learn more about how the SSA calculates these benefits and its other requirements.)

When couples decide how to use Social Security, they should consider the benefits for a surviving spouse. A widow or widower may be able to get survivor payments as a surviving spouse.

Suppose the benefit amount from the deceased spouse is greater than the surviving spouse’s current benefit. In that case, the surviving spouse may be able to get the deceased partner’s survivor benefit while their own benefit grows. At a later age, the surviving spouse can switch to their own benefit.

It can be complicated to coordinate benefits with a spouse. You might want to use a Social Security claiming calculator to determine your choices. You can pay for services such as Social Security Solutions or Maximize My Social Security; or, use AARP’s free calculator.

5. Investigate Divorced Spousal Benefits

If you’re not married right now but were previously married for at least 10 years, you may qualify for spousal benefits based on your ex-spouse’s work record.

Benefits can be up to half of the worker’s total retirement payout. You must be at least 62 years old to access these benefits, and you don’t have to be receiving a benefit of your own. (This differs from regular spousal benefits, where the primary worker usually has to apply before the spouse can get anything.) However, if you remarry, divorced spousal benefits stop.

If your ex-spouse died and you were married for at least 10 years, you may get up to 100 percent of their survivor benefits.

You can get divorced survivor benefits even after getting married again if you are 60 or older (or 50 or older if you have a disability). You may also be able to receive these benefits at any age if you’re caring for your ex’s child who is under age 16 or disabled (in this case, you need not have been married for 10 years). People getting survivor benefits can switch to their own benefits later if they are bigger; the same goes for the other way around.

Survivor benefits are based on how much your ex was getting or how much they would have received at full retirement age. (If your ex delayed starting benefits until after the full retirement age, the delayed retirement credit is added to the survivor benefit.)

Again, if you claimed benefits before you reached full retirement age, your payouts will be lower.

6. Look into Children’s Benefit Payments

Suppose you are retired, get Social Security benefits, and have dependent children under age 19. In that case, your children may be able to collect Social Security payments based on your work record. Those who are eligible may get up to half of a parent’s full retirement income, up to certain limits, each year.

Usually, eligible kids must be younger than 18, single, in full-time high school until 19 years old, or have incurred a serious disability before they turned 22.

Keep in mind that a family maximum limits how much a family can get based on the earnings record of one worker. The most a family can receive is between 150 percent and 188 percent of a worker’s monthly payout at full retirement age. If your total family benefits exceed the limit, the worker would still get a full check, but the payment would decrease for the kids.

Family benefits, like child and spousal benefits, are subject to Social Security’s earnings test. If the primary worker gets benefits early but still works, the payout may be cut or even removed.

7. Earn More if Possible

Whether you ask for a raise or secure a side job, earning more money may help protect you in the long run against risks like market instability, inflation, and taxes. If your wages consistently meet what the SSA refers to as the maximum taxable earnings, it will not tax you beyond that amount.

In 2023, this maximum taxable earnings cap is $160,200. Every year, the limit adjusts; in 2024, the limit will rise to $168,600. Let’s say your wages met the maximum taxable earnings limit for 35 years and you also held off on filing for Social Security until full retirement age. You would likely be among the few retirees to qualify for Social Security’s highest possible benefit payout.

This may not prove achievable for many workers. That’s why it’s crucial to pursue any number of other strategies that can help boost your retirement income.

For example, waiting until full retirement age to file means you’ll be paying more Social Security tax over time. Paying a bit more in taxes could later lead to a steady stream of higher income that considers inflation and helps to settle debt, pay for education, and meet household emergencies.

8. Lower Your Social Security Taxes

You may need to pay federal income taxes on some of your Social Security in retirement.

If your annual combined income is between $25,000 and $34,000 (or between $32,000 and $44,000 for a couple), you may have to pay taxes on up to 50 percent of your Social Security benefit. If your combined income totals more than $34,000 ($44,000 for a couple), up to 85 percent of your benefits may be taxable.

To get the most out of your retirement income and lower these taxes, there are plans you can pursue ahead of time to help reduce your combined income. For example, this might include having a Roth IRA from which to withdraw income, tax free, during retirement. At a certain age, you may also consider making a charitable donation from your IRA. A qualified financial planner can assist you in figuring out a range of strategies that will best suit your situation.

9. Withdraw Your Social Security Application

You may not have realized that filing early for Social Security would ultimately reduce your benefits. Within the first year after applying for Social Security, you can change your mind and request to withdraw your application. You must do so in writing and pay back all the benefits you’ve earned. Note that you can only do this once.

Withdrawing your application is not the same as suspending your benefit. Once you hit full retirement age, you can suspend your benefits anytime by contacting the SSA.

10. Look Over Your Records

The SSA keeps a record of your Social Security earnings. You can sign up for a MySocialSecurity account to access your statements each year.

You can use your W-2 form, tax return, or pay stub to check your earnings history. Check your records and verify their accuracy.

If you need help navigating Social Security benefits, visit the SSA website, call the SSA at 800-772-1213 on weekdays, or contact an experienced elder law attorney.  The Ruston, Louisiana based estate planning and elder law attorney Add Goff is here to help. Contact our office at 318-255-1760, or visit our website at www.GoffandGoffAttorneys.com. 

Is an Independent Living Facility Right for Me?

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Senior African American woman stands smiling outside of her independent living complex.Housing options and the associated costs are among the top priorities for many seniors. Today, the housing market is unpredictable, while many seniors currently living independently may also have concerns about continuing their lifestyles. Moving to an independent living facility may be the best choice to accomplish your financial goals and maintain your way of life.

What Is an Independent Living Facility?

An independent living facility is a housing arrangement that caters to older people, usually aged 55 and older. These facilities offer a community. Residents can live with people who share common interests while having fun and staying active. Some people may refer to these facilities as 55-and-over communities, active adult communities, or retirement communities.

These environments are different from other long-term care facilities. For example, in nursing homes patients are not likely to live in a private apartment or arrangement. They are usually dependent on medical caregivers. Residents of assisted living facilities, meanwhile, may not require medical care 24-7, but do need assistance with activities of daily living.

In contrast, older adults who live in independent living facilities continue to maintain their independent lifestyles but gain the support of trained staff.

Who Is the Best Fit for Independent Living?

Independent living facilities best serve seniors who do not require constant medical care. If you or your spouse require round-the-clock medical attention, you should consider another living arrangement. However, there are usually 24-hour staff in these types of facilities to respond in case of an emergency.

While independent living facilities are best for more active seniors, they are also beneficial for older adults who do not have the ability or resources to maintain their homes anymore. Independent living facilities remove the need for older people to do household chores and yardwork, which can make their lives that much easier.

Types of Independent Living Facilities

Living arrangements in these facilities can vary. Here are some of the types of housing options an older adult can expect from an independent living facility:

Senior Apartments

A senior can choose to live in an apartment complex that is age-restricted, where most residents are at least 55 years old. Some facilities include recreational programs, community meals, transportation services, and community services in the rent.

Low-Income Housing

If you are a low-income senior, you may be able to find housing complexes that are subsidized by the United States Department of Housing and Urban Development (HUD). Learn more about HUD’s Supportive Housing Program.

Continuing Care Retirement Communities

At a Continuing Care Retirement Community (CCRC), seniors who can care for themselves but have declining health may be a good fit. CCRCs allow a spectrum of arrangements, so when a resident’s health starts to wane, they can easily move from one part of the facility to another that offers more extensive care while remaining in the same complex.

What Should I Look for in an Independent Living Facility?

You should take some time to consider what you want in your living arrangements before making a final decision about where you will spend your time in your older years.

You may want to consider location as a major factor in your decision. Will you be close enough to stay in contact with your network of family and friends, if that is your preference? Or would you like to make a move to a different state or a warmer climate to connect with new people?

What services are you set on having? For example, will you have your own vehicle and, if not, does the facility offer transportation options?

You may want to live in a facility that offers certain amenities. Perhaps you would like to use a gym, take part in classes or workshops, or enjoy other hobbies. Some facilities offer access to more than one on-site dining option. Others may have a movie theater, nail salon, walking trails, or organized trips to nearby museums, concert halls, or casinos.

Of course, cost is more often than not also part of the equation. Compare the costs of several different independent living communities if possible. Confirm whether the cost of the facility includes the services and amenities in which you are interested.

Pricing will also vary greatly across states and cities. For instance, in Connecticut, the average monthly cost for an independent living facility is nearly $3,500. In Mississippi, the average may be less than $2,000 a month.

Also, think about the following before choosing a community:

Your Health and Your Spouse’s Health

The level of care you and your spouse require is one of the biggest questions that you must answer before choosing the best living arrangements. Independent living facilities are not the best option for people who need a great deal of medical care.

Your Mobility

It may be time to make new living arrangements if your mobility has decreased as you have gotten older.

Can You Maintain Your Home?

Moving to an independent living facility can be a good decision for seniors who are looking to downsize from their home.

 

Contact our Ruston, LA office by calling us at (318) 255-1760 today and schedule an appointment to discuss how we can help you with your planning.

Technology in Senior Care

Technology in Senior Care

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It is possible for many aging Americans to live longer and healthier lives in their own homes because of the internet of things and technological advancements such as self-monitoring medical devices, telehealth, and smart homes. Elder law and at-home medical technology uses can intersect in several ways. Whether you are a senior looking to stay in your current home or have an aging parent and want to implement systems that create better safety and communication, an elder law attorney can help you craft a plan.

Strategies

Legal Documents

Elder law attorneys can assist older adults when creating legal documents, such as durable powers of attorney and health care proxies, in an online environment. These and other legal documents are crucial to have in place as they authorize someone to make decisions about the older adult’s medical treatment and the use of at-home medical technology.

Meetings with your estate planning or elder law lawyer and family members can happen virtually, and some states now legally recognize e-signatures. Creating these documents without leaving your home benefits seniors with mobility and transportation issues and protects against exposure to infectious diseases.

Privacy and Security

Elder law attorneys can advise older adults on the privacy and security of their personal information and medical data when using at-home medical technology. Secure network communication protocols will keep hackers from stealing your information and ensure the data integrity of communications with medical professionals and entities.

Medicaid Eligibility

Medicaid, the government health insurance program for low-income individuals, may pay for certain at-home medical technology if it’s deemed medically necessary. An elder law attorney can help older adults navigate the Medicaid eligibility process to ensure they receive all the benefits to which they are entitled.

Telehealth services allow Medicaid to reach more seniors at a lower cost than ever. Whether you’re having issues with eligibility, understanding home health services, or selecting home health providers, an elder law attorney can help you understand your Medicaid options.

Long-term care planning

Elder law attorneys can help older adults plan for future needs of long-term care, including using at-home medical technology to help them age in place and maintain their independence for as long as possible. Incorporating at-home medical technology into long-term care planning may include the following:

  • Monitoring Health – Technology such as wearable devices, remote monitoring systems, and telehealth services can track vital signs and send alerts to caregivers if there are any concerns.
  • Medication Management – Personal emergency response systems (PERS) and smart home devices can ensure that older adults are safe and can call for help if needed.
  • Mobility Aids – Robotic exoskeletons, stairlifts, and smart home devices can help older adults with mobility issues move around their homes and control the environment (locks, lighting, temperature) more easily.
  • Social Engagement – Virtual reality, video conferencing, and social networks can connect older adults with loved ones and socialize with others combating isolation and feelings of loneliness.
  • Care Coordination – Medical technology can connect older adults with care providers and healthcare professionals, such as doctors, nurses, and social workers, to monitor the care and support they receive at home.

At-home medical technology is a more affordable option than expensive institutional care. When planning for long-term care, it’s important to consider how technology can help older adults maintain their independence and quality of life.

Guardianship (Interdictions)

In some cases, older adults may be unable to make decisions about their medical treatment or use of at-home medical technology due to cognitive decline or other health issues. Elder law attorneys can assist in appointing a guardian  called a Curator to make these decisions on behalf of their loved one.

Getting Started

An elder law attorney can help an aging adult, and their family understand what at-home medical technology is available and if government programs will pay for it. Getting seniors to use at-home medical technology can be challenging and generally falls under the direction of the family. There are several strategies to implement to make the process easier:

  1. Keep it simple by starting with the basics. Then gradually introduce more advanced features as your loved one becomes more comfortable with the technology.
  2. Make sure the senior understands the benefits of the technology. Explain how it will help them stay healthy and independent and make their life easier.
  3. Demonstrate how to use the technology. Walk your loved one through the setup and use of each device, making sure they know how to operate it.
  4. Provide your loved one with a user manual or guide for reference.
  5. Schedule regular check-ins with your loved one to see how they’re doing with the technology, answer any questions, and ensure their communications with medical professionals are timely and accurate.
  6. Provide your loved one with technical assistance while visiting, and have them contact you if they experience technical issues. Everyone needs reliable IT support.
  7. Look for local support groups and online communities so your loved one can connect with others using similar technology.
  8. If your loved one is having difficulty understanding or not using the technology, consider hiring a professional to help with device setup, training, and guidance.
  9. Encourage your loved one to engage in a trial period with each new technology and see how they feel about it. If they don’t use or are uncomfortable with that particular technology, there might be better solutions.

Many providers make smart home technology for aging adults. The best options depend on the specific needs and preferences of the older adult. Also, compatibility with existing technology and devices. Technology needs will also change with additional health challenges that invariably occur when aging.

Summary

Elder law attorneys can recommend at-home technology so that an aging adult can safely live at home. Family members must participate in the installation of the technologies to ensure their loved one’s security and privacy. Technology alone is not a solution. A support system, including family, friends, lawyers, and healthcare providers, must coordinate efforts in the senior’s best interest.

Whether you need to plan for future at-home health care or already require care management via remote health monitoring. Consumer health technology can make senior care more patient-centric, personal, and accessible.

This article offers a summary of aspects of estate planning and elder law. It is not legal advice and does not create an attorney-client relationship. For legal advice, contact our Ruston, LA office by calling us at (318) 255-1760.

Government programs for seniors

Government Programs for Seniors

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AdditioNot knowing government programs for seniors and inflationary pressures are leading to financial insecurity for many US seniors. Besides reducing unnecessary expenses, many retirees or near-retirees should consider contacting the government to see if they qualify for assistance. It can reduce the anxiety many Americans feel living on a fixed income.

Government Programs for Seniors

The National Council on Aging (NCOA) works with thousands of national and local partners to provide tools, resources, advocacy, and best practices for every aging American to have health and financial security. Checking out if you qualify for senior benefits through government programs is easy to do with NCOA’s online BenefitsCheckUp tool.

Wasted Benefits

Every year billions of available dollars in US benefits programs are not claimed. Older adults (55 or more) are unsure if they are eligible. And, if so, how to apply. No registration is necessary, and requests for information are minimal. Personal data entered into the website will remain confidential, and accessing the database costs nothing. If you hate filling out forms and get confused by all the questions, estate planning and elder law attorneys go through this process every day. Contact them for help. There is rarely an upfront cost for legal help. You will be in a much better financial position once you begin receiving assistance.

The Online Benefits Check Up

If you complete the benefits check-up online, NCOA will send a confidential report to your mailing address. It will list the help available to you and how to apply for it. Since 2001 this NCOA program has helped millions of older adults receive help. This includes paying for medicine, food, utilities, and more. More than 2,000 benefits programs are in the check-up system, including categories such as:

  • Food and nutrition
  • Health care and medication
  • Housing and utilities
  • Income
  • In-home care and aging in place
  • Disability services
  • Skilled nursing facilities and other long-term care environments
  • Tax help
  • Legal, crisis, and general assistance
  • Veterans’ programs
  • Discounts and activities

The online BenefitsCheckUp site helps older individuals identify the federal and state assistance programs for which they can qualify. This NCOA website is newly revamped and permits error corrections and the addition of information if you feel the need to revise your answers. The resulting online individualized Eligibility Results report can be saved in a PDF format to email to yourself, your lawyer, or a trusted family member.

Providing this eligibility information to your elder law or estate planning attorney is a smart strategy. Suppose you already receive disability benefits through SSDI, SSI, or other programs. In that case, adding other government assistance programs may result in unintended and negative consequences. It may render you ineligible for benefits you already receive. Your lawyer will know the strategies already in place and how additional programs may affect your current planning.

The chart above shows how many older adults struggled to manage basic expenses. This even before the inflationary circumstances of late 2021 – 2022 (and predicted beyond). Participation rates in government assistance programs are at a historic low, with a mere low to mid sixty percent of eligible individuals participating.

Benefit take-up rates are low due to program enrollment barriers. Many older adults lack awareness that these benefits exist. When they do, the application process for many programs can be cumbersome and complex. Additionally, perceived stigma about receiving government assistance and other program misconceptions contribute to lower participation rates.

Ramsey Alwin, NCOA CEO and President, admits, “In today’s economy, inflation is taking a bigger and bigger bite out of people’s incomes.” He adds, “We completely redesigned BenefitsCheckUp to make it even easier … no one should have to choose between paying for medications or food.”

 

In Summary

To worry less and age better with more resources at your disposal, explore the NCOA’s BenefitsCheckUp website and learn what is available to you. Before you use the contact information to take the next step to apply consult with your elder law or estate planning attorney. Also, all assistance you receive should not interfere with existing plans and help you age successfully. More than 2,000 government benefit programs are available to help you. It can make the difference between thriving or just surviving. For assistance and information on government programs for seniors please contact our Ruston, LA office by calling us at (318) 255-1760.

Helping seniors avoid loneliness

Helping Seniors Avoid Loneliness

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We help seniors avoid loneliness by creating a goal to live a long and healthy life. Senior citizens are admired for their wisdom and knowledge. However, their long life often comes with the grief of outliving their spouses, friends, and sometimes their children. As a result, if they can’t maintain and make new meaningful connections as they age, they are at risk for crippling loneliness.

Helping Seniors Avoid Loneliness

Loneliness is feeling sad about a lack of human connections and interactions. While social isolation may make most people feel lonely, loneliness is not the same as being alone. Not everyone who lives alone feels lonely, and not all people who feel lonely live alone. People of any age may feel lonely, but the condition is especially common in the elderly.

Risks Factors for Loneliness among Seniors

Studies from the University of California San Francisco show that loneliness among senior citizens is pervasive and contributes to poor health and even death. To illustrate, The Center for Disease Control and Campaign to End Loneliness outline several risk factors for people 65 and over.

These risk factors include:

  • Being an immigrant who lost touch with loved ones from their home country
  • Feeling marginalized by the wider community
  • Living alone
  • Being physically limited by illness or disability
  • Lacking the financial means to do activities or visit others
  • Grieving the loss of a loved one
  • Not having meaningful outlets for their talents
  • Being a full-time caregiver
  • Struggling with incontinence
  • Lacking the ability to drive or take public transportation
  • Having a communication barrier from language, loss of hearing, or inability to talk
  • Feeling depressed or anxious and lacking the motivation to join activities

Overcoming Loneliness with Meaningful Social Engagement

The first step to overcoming loneliness is acknowledging it and a need to change some habits. If you are the one experiencing loneliness, think about small ways you can start connecting again. Even the smallest positive change might put you on the right path for reaching out more and more. If a spouse or loved one is feeling lonely, you might invite them to join you in some of these activities to get the ball rolling. Look for opportunities to talk, laugh, cry, and share in the following ways:

  • Join a club, class, or religious institution to get to know people with similar values and interests—if you can’t drive, look into ridesharing, public transportation, and online groups
  • Invite one or two friends over to share a meal, watch a movie, or play cards
  • Try an exercise class geared toward senior citizens
  • Call or visit a family member or friend
  • Volunteer your time and talents at a school, animal shelter, or place of worship
  • Get a job that you enjoy to interact more with others

Remember that everyone needs physical contact too. Don’t be shy about asking for a hug. Consider getting a cat or dog to satisfy that need.

With that being said, you might also need to consider changing your living arrangements to make interactions easier. Even the most loving family members will not be able to visit as often as you would like if you live far away. Some seniors love residential programs with communal dining, planned outings, and frequent activities. Others prefer living with a family member or in a senior citizen community where everyone has their own homes. With a little research and keeping an open mind, you might find that changing your home is the best thing you can do to meet new friends and stay engaged. For assistance, please contact our Ruston, LA office by calling us at (318) 255-1760.

Coverage for Long-Term Care

Coverage for Long-Term Care

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The improvement in medical care and healthier lifestyles are making people live longer. Because of this, more of us will need some form of long-term care in our later years. As a result, the cost of long-term care has been rising. Wharton estimates nursing home costs will increase by 4.7% and home health care by 6.9% by 2030.

Many seniors will receive some long-term care services from relatives, friends, or neighbors. However, many others will need professional help, whether in their home, an assisted-living facility, or a nursing home. There are different ways to pay for these types of long-term care. If you are able to plan well in advance for your long-term care needs, long-term care insurance could be a good option.

Traditional Long-term Care Insurance

Traditional long-term care insurance policies are similar to health, home, or auto insurance policies. You typically pay the insurance company regular premiums to keep the policy in effect and file claims. If you need them to pay for services your policy covers.

Like health insurance policies, you can choose the amount and types of coverage you want your long-term care insurance policy to cover. Policies state how much reimbursement you can receive on a daily or monthly basis over a certain number of years or up to a lifetime maximum. You may be allowed different amounts depending on the care you are receiving, such as care in your home or nursing home.

Another policy feature you may get to choose is the waiting period between when you start needing care and when you start receiving benefits. Ninety days is a typical waiting period; however, you can pay more to start receiving benefits after 30 days, or you can pay less and wait 180 days before benefits start.

What Long-term Care Insurance Covers

The long-term care insurer will dictate what they will cover and what they won’t cover. Some conditions are often not covered by insurers, such as alcoholism and drug addiction. Some preexisting conditions, such as heart disease or cancer, may not be covered right away. If you have a preexisting condition, find out if the insurer will cover needs connected to that condition before you sign up.

Generally, you can be eligible for benefits when you can no longer perform a certain number of daily living activities. This can be such as eating, dressing, getting into and out of chairs and beds, bathing, and using the toilet. Often you won’t need to pay premiums while you are receiving benefits.

Usually, you’ll lose your coverage if you stop paying your premiums before you need to receive benefits. Unfortunately, you don’t get your premium payments back if you never use the coverage. The insurance company keeps the money.

Hybrid Policies

Many long-term care policies these days are combined with other benefits, such as life insurance. These policies are referred to as hybrid or linked-benefit policies. For this type of policy, you will likely pay a lump sum or several fixed annual payments.

With a hybrid policy, you will get coverage similar to what you would get with a traditional policy. In addition to an amount of life insurance that will go to your heirs if you don’t use the long-term care benefits. If you do need to use the long-term care benefits, the life insurance payout would be reduced or eliminated. This extra flexibility usually comes with a higher premium.

Consult with a Professional

There are many factors to consider before committing to a long-term insurance policy. You may determine that you don’t even need one. Do an ample amount of research and talk with an insurance professional or an elder law attorney.

Our law firm is dedicated to informing you of issues affecting seniors who may be experiencing declining health. We help you and your loved ones prepare for potential long-term medical expenses and the need to transition to in-home care, assisted living care, or nursing facility care. Contact our office today to learn how we can help you afford the right level and best quality of long-term care.

This article offers a summary of aspects of elder law. It is not legal advice and does not create an attorney-client relationship. For assistance, please contact our Ruston, LA office by calling us at (318) 255-1760.

Nursing Home Questions to Protect Loved Ones

Nursing Home Questions to Protect Loved Ones

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A nursing home advocate plays a vital role in ensuring the well-being of your loved one. Residents in nursing homes and other long-term care facilities are disproportionately affected by the flu, pneumonia, COVID 19, and other contagious diseases. According to the American Family Physician Journal, a flu outbreak in a nursing home often affects 20 percent or more of the residents.

If you have a loved one in a nursing home or other long-term care facility, AARP has identified some specific questions to ask about the facility to help ensure the safety of your family member.

Inquire About Vaccinations:

  • What proportion of staff and residents are up to date on regular vaccinations? Compare these vaccination rates at any Medicare-certified nursing home to the state and national averages.
  • How is the facility educating staff and residents regarding the vaccine’s safety and effectiveness?
  • What type of access to vaccines do residents have?

Ask if Anyone at the Facility Has Tested Positive for any Infectious Disease Recently:

  • Include staff, residents, visitors, vendors, maintenance workers, and anyone with access to the facility.
  • How many people, if any, have tested positive?
  • What is the facility testing protocol for symptomatic individuals?

Understand the Steps is the Facility Taking to Prevent Outbreaks of Disease:

  • What are the screening protocols for staff and other people entering the facility?
  • How are positive cases being handled after identification? Do staff quarantine at home? Do residents move into isolation units?
  • What are the protocols for sanitizing the facility, and how often are they implemented?
  • Are there social distancing measures in place? What are the precautions for residents with roommates?

Find out if the Nursing Home Helps Residents Stay in Contact with their Families and Other Loved Ones:

  • What are the infection control measures for visitors?
  • Does nursing home staff help residents call their loved ones via phone or video?
  • Will the facility set up a regular schedule for residents to speak with family and loved ones?

Determine if the Facility Regularly Communicates Important Information to Residents and Their Loved Ones:

  • If there is an outbreak of an infectious disease within the facility, how long will it take to notify residents and their families or representatives?
  • How is the information shared?

Know if the Nursing Home is Fully Staffed with Doctors, Nurses, Aides, and Other Workers:

  • In the event of staffing shortages, what are the backup plans to ensure the needs of nursing home residents are met? The plan should include bathing, feeding, physical therapy, medication management, and social engagement.

Ask About the Maintenance of Healthy-Living Programs:

  • Are communal activities adapted for social distancing in exercising, entertainment, and socialization?
  • Are any services suspended, and if so, which ones?

If you have a spouse, parent, sibling, or other loved one living in a nursing home, they depend on you to advocate for their protection and wellbeing. Asking the right questions helps ensure that their nursing home facility or long-term care services prioritize their health.

For assistance, please contact our Ruston, LA office by calling us at (318) 255-1760.

Work After Retirement: Making a Decision

Work After Retirement: Making a Decision

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You may find that commonly the business owner or service provider at a podiatrist or shoe repair business is over the age of 55. You are witnessing what the statistics show. Older workers dominate some professions. In addition, more Americans are working more years across industrial sectors. The Bureau of Labor Statistics reports that the percentage of Americans working after age 65 has been increasing for decades.

Reasons Seniors Work Longer

As people live longer and often healthier lives than in previous eras, it makes sense that people are staying in the workforce longer. Senior Living says that many people work for as long as possible because it keeps them active, feeling purposeful, and engaged in the community. Others work for financial reasons. Perhaps they don’t receive Social Security benefits, or the benefits are insufficient to cover their needs. Many people work to stay enrolled in a group healthcare plan. And still, other older Americans realize late in life that they want a different career that fulfills them in a way their previous job did not. They may even go back to school or get new training.

How Seniors Contribute to the Labor Market

Workplaces benefit from diverse perspectives. Years of experience give older workers a depth of knowledge and understanding that may help them spot potential challenges and see solutions that younger people might miss. As their motivations for working may not be to climb the corporate ladder as much as younger workers, they may be able to call out problems without fear of those actions hurting their advancement. They often have fewer family responsibilities. They might be able to relocate and accept positions with more travel or less monetary compensation than those who are balancing raising a family with their career. Finally, they help fill pipeline gaps in certain professions, like teaching, caregiving, and medicine.

Government Response to Hiring Practices with Ageism

Unfortunately, some employers have biases against older workers. They may think that older workers lack energy, can’t keep up with workplace technological advances, or take too many sick days. Also, positions requiring extensive and expensive training, like flying a newer model jet, can make hiring older people who may retire in a few years a poor return on investment. Of course, all of these challenges could be true of individuals in any age category, but ageism is still a major hurdle to employment for many older Americans.

To combat workplace ageism, the Age Discrimination Workforce Act of 1967 prohibits employers from discriminating based on age. The bill’s aim is still relevant and helpful, but some details and support systems are outdated. There is bipartisan support to update it, but as of July 2022, the bill has not passed the senate.

Additionally, the head of the National Council on Aging wants the Department of Labor (DOL) to establish an “Older Workers Bureau.” The bureau would operate within the labor department to “look holistically at older worker issues across the federal government” and “identify and coordinate existing federal resources, identify and work to eliminate barriers to working longer, and disseminate promising employment and training practices.” Ramsey Alwin, president and CEO of the National Council on Aging (NCOA), discusses the new bureau and the need for federal resources to promote public-private partnerships.

Making the Decision that Works for You

Many people choose to retire based on age and experience milestones for Social Security benefits, pensions, 401k withdrawals, and Medicare eligibility. Each of these has implications for your lifestyle and estate planning. An estate planning attorney or elder law attorney helps older Americans figure out how to plan to meet their needs and desires in a confidential and caring atmosphere. If you or a loved one would like to discuss when, if ever, is the right time to retire, please give us a call.

For assistance, please contact our Ruston, LA office by calling us at (318) 255-1760.

SSI and SSDI Claims Rejection

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SSI and SSDI Claims Rejection

Before spending time and effort on federal Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) applications, you should review some of the major disqualifiers. Eligible individuals can benefit from both programs though they have distinct differences. The major difference is SSI eligibility qualification relies on age, disability, and limited resources and income, while SSDI eligibility determination relies on disability and work credits. In most states, SSI recipients automatically qualify for Medicaid health care coverage, which could result in additional supplementary benefits through your state’s Medicaid program. However, both programs have some common reasons that can disqualify your claim. Learn about SSI and SSDI claims rejection.

Typically most people think about the reasons they should receive benefits without ever considering why they may be denied. Some of the reasons are beyond your control, while other reasons are missteps you can avoid that result in denial. Things to consider include:

Your Income Earnings are Too High

In the case of SSI, the disability benefit for low-income individuals, you cannot exceed the substantial gainful activity (SGA) threshold. However, it is permissible to earn more money after your approval. Still, there is a limit of about $1,600 a month on all earned and unearned income for SSI. This dollar amount applies to both application for and collection of benefits. Any time your monthly income exceeds $85, your SSI payment will receive a reduction based on a complex formula. Anything over $1650 per month, and you will no longer qualify.

When you apply for SSDI (the benefits program for workers who paid into the Social Security tax base over multiple years), your claim may be denied if you work above the threshold considered substantial gainful activity. Going over this amount means you earn too much money to be considered disabled. It is permissible to earn a small amount during your application and collecting of SSDI but not over the SGA limit. This limit (for non-blind individuals) was $1310 per month in 2021, and the figure is adjusted annually. It is worth noting income from investments does not count toward the SGA; only work income determines your ability to work.

Your Disability is Not Considered Severe or Won’t Last Long Enough

Qualification for both SSI and SSDI benefits means the Social Security Administration (SSA) must believe your impairment is severe enough to continue for at least 12 months or result in your death. Blind SSI applicants are the only exception to the duration requirement.

Many claims based on bone fractures resulting from acute trauma from accidents are commonly denied since the disability is unlikely to last 12 months. Nearly all bone fractures heal in under a year. If your bone fractures are severe enough and have not healed after six months, you may resubmit your claim as the SSA will likely believe your impairment will last a year. Each case receives an individual evaluation.

If your medical condition is not trauma-related, it must still cause severe limitations of disability to qualify for SSI or SSDI. Most denied claims are due to the applicant’s impairment not being severe enough. You can learn about the disability determination for benefit claims here.

The Social Security Administration Can’t Reach You

Both the SSA and Disability Determination Services (DDS) agencies need to be able to communicate with you regarding your application. If they cannot reach you, schedule examinations, appointments, or communicate about critical matters, you will likely be denied benefits. Every day claimants are denied because the SSA cannot locate them. If you opt to name a representative (such as a disability lawyer) to handle your application, you may not have to contact the SSA. However, you most certainly must maintain contact with your disability attorney.

Your Refusal to Cooperate

The SSA requires medical information about your impairment, and if you refuse to release these records, your claim of disability will likely be denied. If you provide medical records, but the SSA deems them incomplete, or you lack a regular doctor for treatment, they will schedule a consultative examination (CE) with an SSA doctor. Refusal to accept this exam(s) and requesting a determination of eligibility be based on existing medical records may be cause for denial due to inadequate medical data or failure to comply with a CE. Your attorney also helps you gather the correct medical information according to the requirements.

Your Failure to Follow Prescribed Therapy

If you receive medical treatment, failure to adhere to the doctor’s prescribed therapy when you are able to may cause a denial of disability benefits. Some acceptable medical excuses include:

  • The severity of your mental illness precludes your ability to comply with the prescribed therapy.
  • You elicit intense fears regarding surgery, making the procedure inappropriate. Your treating doctor will confirm the severity of your fears to the consulting DDS doctor.
  • You are physically unable to follow the prescribed therapy without assistance due to paralysis, cataracts, or other physical limitation.

Some acceptable non-medical excuses include:

  • You lack the money to pay for the treatment.
  • You have religious beliefs that prohibit receiving the proposed medical therapy.
  • Your doctor prescribes a treatment with which a second opinion doctor disagrees.
  • The proposed therapy will not result in the restoration of your ability to do substantial gainful activity.

Your attorney can review the details of your situation to see if any exclusions apply and collect the necessary documentation.

Your Disability is a Result of a Drug Addiction or Alcoholism (DAA)

If a contributing factor to your disability is DAA, the SSA will deny your claim for benefits. The DDS medical consultant will determine whether you would still be disabled if you ceased using drugs or alcohol. You can read more about DAA determining factors here.

You have a Criminal Conviction

Certain conditions relating to criminal conviction or imprisonment will prevent approval of SSDI.

  • You are in prison after your felony conviction without a court-approved rehabilitation program likely to result in employment upon release. That release expectation is within a reasonable amount of time.
  • You received an injury while committing a felony and are convicted of the crime. The resulting impairment, or worsening of an existing one, suffered during a felony crime is ineligible to use as a basis for disability benefits.
  • You became injured while in prison. The resulting impairment, or worsening of an existing one, suffered while incarcerated can’t be used to get benefits. However, you can likely receive benefits after your prison release.

If these conditions apply to your situation, it is still worth the effort to apply for SSDI benefits. Although you will not receive cash benefits, you may still be granted a benefit-free disability period that freezes your earnings record, preventing the decrease of eventual disability, retirement, or dependents benefits. Talk to a disability attorney if your claim is complicated by these circumstances.

The above conditions do not prevent your receiving SSI disability benefits, although you will be unable to collect them while incarcerated.

You Commit Fraud

Always apply for disability benefits honestly. If you receive them by dishonest means, the SSA may terminate your benefits and choose to prosecute you for fraud. Benefits obtained through fraudulent methods by your representative or someone working for the SSA also may cause the termination of your benefits.

These common reasons stop you from legally obtaining SSI and SSDI benefits. Before you become too involved in applying, be certain you meet the minimum standards for approval. A disability lawyer can help you sort out any issues, avoid missteps, and properly present your case for disability approval.

For assistance, please contact our Ruston, LA office by calling us at (318) 255-1760.

Achieving Advanced Directives Requires Critical Conversations

Achieving Advanced Directives Requires Critical Conversations

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Achieving Advanced Directives

It is among the most difficult challenges we will ever have to confront in life to consider our own death. Yet it is very important to think carefully about the medical treatment we would want for that challenging time. Medical technology can now keep us alive long after we have ceased to enjoy meaningful quality of life. Achieving advanced directives requires critical conversations.

A series of legal rulings around thirty years ago established the rights of patients to decide when life support should be stopped. The fear of being kept alive indefinitely by artificial means led many to create legal documents known as advance directives.  An advance directive expresses our wishes about the kind of medical treatment we would prefer. It is called “advance,” meaning ahead of time; and “directive,” meaning our directions for whether we want medical providers to keep us alive at all costs, or whether we would prefer to pass naturally when life becomes no longer meaningful. It is wise to think about this, and to create such a document, well before we are facing the end.

Do They Serve Their Purpose?

After thirty years, concerns have now shifted to assess whether advance directives really do serve the purpose for which they are intended. Do advance directives really ensure that we receive the treatment we would like?

The short answer is “yes but.”

Yes because it is just as important now to create a legal document by which to appoint a person to help communicate our wishes. The “but” part comes in with the issues raised below.

The answer to these issues is the same as it has always been: to establish a close relationship with one or two people – called “agents” or “proxies” – whom patients appoint to step in when patients can no longer make health-care decisions for themselves. Patients must talk with their agents so the agents will know, in as much depth as possible, where the patient stands on end-of-life questions.

Document that Meets Legal Requirements

Over the years, we have learned that advance directives might not work as well as they could. Here are concerns that have emerged:

➢        It is unrealistic to micro-manage health care in advance. There are so many variables that depend on the particular situation. Treating a complicated illness has been likened to a jigsaw puzzle, where each puzzle piece could fit multiple other pieces; the right fit for each piece must be arrived-at, often by a team of various specialists who sort through the pieces and collaborate in assembling the picture. Under those circumstances, it can be difficult, if not impossible, to interpret a legal document that was intended to guide detailed medical treatment for as-yet-unknown conditions.

➢        The “check-the-boxes” approach taken by many “fill-in-the-blank” forms is too crude to be helpful in any but the most general of ways. Without additional detail, these documents don’t adequately address the nuances that almost always arise.

➢        Change is constant and humans are adaptable. It is one thing to imagine, when in good health, that life would not be worth living if, say, one became permanently bedridden. But when the patient is actually in that situation, new meaning in life could emerge. Choices made years in the past might look a lot different in the moment of truth.

 

Prognosis

➢        The prognosis can change with time. As reported in Kaiser Health News,

A New Paradigm Is Needed: Top Experts Question the Value of Advance Care Planning

if a senior contracted COVID-19 early in the pandemic, and her advance directive stated that she did not want to be placed on a ventilator, doctors tended to assume that the virus was universally fatal to such seniors. Some never got the care that could have saved their lives.

➢        The documents must be readily available, both at patients’ homes and in agents’ hands too. They must not be hidden away and forgotten-about, so no one can locate them when they are needed.

The best alternative is to create an effective, current, and available legal document backed up by serious talk between the patient and the agent or proxy. A document that meets legal requirements is essential, but beyond that: conversation in advance is the crucial additional element.

Get Prepared

That conversation should occur first between the patient and their agent or proxy, in which they discuss quality of life issues and what matters most to the patient. The talk should avoid excessive detail for hypothetical situations that may never arise. Rather, the aim should be to provide the agents or proxies with enough information to be able to respond flexibly to unforeseen circumstances.

These conversations can be challenging. Helpful resources to assist can be found at The Conversation Project (https://theconversationproject.org) or the Centers for Disease Control and Prevention (https://www.cdc.gov/aging/pdf/acp-resources-public.pdf).

Get the Care You Deserve

Then, if the time comes when the patient is unable to speak or make decisions, the agent will be best equipped. To convey the patient’s wishes to medical providers. Knowing those wishes in advance, the agent can focus on ensuring that providers furnish as much information as possible. To make the hard decisions on the facts as they presently exist.

What if you are alone and without a person whom you trust to be your agent? First, study the guidance resources provided in this article. Then call us to create a legally effective advance directive document that spells out your wishes. And the final step would be to schedule an appointment with your doctor to discuss your wishes. Give him or her a copy of your document.

Again, all must make sure that doctors and agents have copies ready for use. And everyone should also carry a wallet card to inform health-care providers whom to call in case of an emergency. Print one here,

https://www.aha.org/system/files/2018-01/piiw-walletcard.pdf

provided by the American Hospital Association.

There are no assurances in this life, except that it will end for us all. The hope is that we will have delegated people whom we trust to step in when we need them. And that we will have talked with them about the kind of care we want to prepare for. A passing that is as peaceful and merciful as it can be.

Contact our Ruston, LA office by calling us at (318) 255-1760 we are happy to help.