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Why the Oldest Vet Alive Cares About December 8, 1941

By Attorney Mitch Adel

Yesterday, while doing research on the historical significance of December 7, I came across a tremendous amount of information about World War II, and this article about the only living Veteran of World War I.

The interesting thing about this one World War I article is why today, December 8th, is significant to him.  That’s right, Frank Buckles of Missouri is only ONE surviving Veteran of WWI today.  Frank is 109 years old this year.  In the following article, he recalls his personal stories of service, beginning at the time he enlisted in WWI after lying about his age.  He also tells why December 8, 1941 has more meaning to him personally than December 7th, the day after the Japanese bombed Pearl Harbor bringing the United States into World War II.  As you will discover, on that day he was taken prisoner by the Japanese and held for three years.

This article reminds me that fortunately his stories are being recorded for all of us and for his family as well.  As veterans who served during these earlier wars are getting older, with World War II veterans now in their 80s and 90s, it is more and more important to get their stories recorded.  Every day at our office we assist veterans and their families to get the Veterans Benefits they earned, and whenever we have the opportunity, making sure that we video record these veterans telling their stories from the service times.

http://www.columbiatribune.com/news/2010/nov/07/the-war-to-end-all-wars/

Pearl Harbor Remembrance Day

By Josh Sharp

“December 7, 1941, a date which will live in infamy,” Franklin Roosevelt’s immortal words.   Today, December 7, 2010 is a day to remember the over two thousand service men and women who were killed or injured in the Japanese attack on Pearl Harbor.  However, it is also a day to remember the survivors of that horrible day, and the many days that followed throughout the ensuing war.

Unfortunately, we find many brave men and women who survived that day now need help.  If you or someone you know could benefit from VA benefits, please check out the Veteran’s section of our website to see how you or a loved one may qualify for extra help.  On this December 7, 2010 let us not only remember those that were killed or injured, but also those that are living and need a helping hand.

The Average Cost of a Nursing Home Tops $83,000 a Year

By Attorney Thom L. Cooper

A recent survey by Met Life revealed that across the United States nursing home costs are now averaging over $83,000 a year or about $7,000 a month.  This is very consistent with what we have found in Ohio.

Our office typically sees nursing home fees averaging somewhere  between $ 6,000 to $8500 a month.  With the average cost of an Alzheimer’s wing being usually about $300 a day over the average.

Before you get mad about the cost of nursing homes in Ohio, be glad you are not in Alaska where the average cost is over $20,000 a month with the East Coast rates being somewhere between Ohio and Alaska.

Where do you think these costs are going to be 10 years from now???

So it is not surprising that most people retiring today are absolutely scared to death about losing their assets to a catastrophic health care situation even if they have nursing home insurance.  If this is a worry for you, please contact our office and we can provide some alternatives to allow you to keep your assets.

“You’ve come a long way, Baby!”

By Daneen Cline

Do you remember what product made that slogan famous?  It was Virginia Slim cigarettes, and the slogan was used in a marketing campaign that targeted young, professional women in the late 60’s through the mid 70’s.

The advertisements were meant to convey how far women had come.  No longer were we seen as second class citizens who were not even worthy of having the right to vote….the days of being ‘just’ a wife and mother were behind us….we were now free to be Doctors, Lawyers, the CEO of a Fortune 500 Company…..if we dreamed it, we could be it (and of course we were supposed to think that smoking a Virginia Slim cigarette was somehow going to make this happen easier and faster!)

How empowering that must have been to my mother’s generation; seeing an entire world of choices and possibilities opening in front of them.

So what did all of this really mean to women?  We saw women entering the work force in record numbers, not because they needed to work, but because they wanted to work.  Women postponed starting a family and some just decided they didn’t want children.  The divorce rates increased because women were no longer willing to stay in unhappy marriages for financial security.  It was indeed a liberating time for women everywhere, but I would imagine that it was also a frightening time for women everywhere.

All of this “liberation” didn’t occur overnight.  The rights we enjoy and take for granted today weren’t just handed over to our mothers and grandmothers.  There were women who dedicated their lives to fighting for equality between the sexes.  It is because of these brave women that I hate to say what is coming next…..Ladies, we are different than men and our lives tend to be very different.

We may have come a long way but some things have remained fairly constant for us.  Women are still the primary caregivers for their children.  This may mean  that some of us waited to start our careers until our children were a certain age, or maybe some of us started our career and then took a long hiatus while our kids were younger and still others made the choice to be a mother and a wife and not pursue a career at all. Whatever category you may fall into the result is the same, we will devote fewer years to a career than a man would.  Because of this, our 401k’s and IRAs will probably be smaller, which will result in a smaller retirement income.

Women are also the most likely to step in and take over the care of an ailing parent.  Whether you move them into your home, keep them in their own home or place them in a care facility of some type this can be an overwhelming, emotional experience that will probably affect every part of your life.

Another major difference between men and women is our life span.  A baby girl born today will live at least 7 years longer on average than a baby boy.  This means that we will most likely outlive our husbands and face the final years of our lives as widows.

Then there are all the “what ifs” that we have to think about:  What if my husband and I divorce?  What will happen to my children if both my husband and I pass away?  What would be the results on my children’s inheritance if I were to remarry?  Will I have enough income to maintain my current standard of living when I retire?  What if my husband becomes ill and requires a nursing home? The list of things we can find to worry about is virtually endless!

Because we are different than our male counterparts we do have different needs and concerns when it comes to estate planning.  Everyone’s circumstances are different, so be sure to consult with an experienced, qualified attorney to discuss your specific situation and goals.

2011 Medicare Changes

by: Megail Gaumer

In 2011 the basic monthly premium for Medicare Part B will be $115.40, up 4.4% from 2010.  But most beneficiaries will be exempted from paying this increase because there will be no cost of living increase in Social Security Benefits for 2011 and these recipients will pay the same $96.40 monthly premium they have paid since 2008.

A provision call “hold-harmless” in the Medicare law restricts premiums for Part B from exceeding more than the cost of living increase in any given year. Since there is no Social Security increase, approximately 73% of Medicare beneficiaries will not have to pay the increase.

For the other 27% that; A) do not have their Part B premiums withheld from their Social Security checks B) pay a higher Part B premium surcharge based on high income (see below), or C) are newly enrolled in Part B.  They will be subject to the higher premiums.

Everyone receiving Medicare benefits will however be responsible for the new deductibles and co-payments, such as, Part B deductible of $162, Part A deductible of $1,132, Co-payment for hospital stay days 61-90 of $283/day, Co-payment for hospital stay days 91 and beyond of $566/day and Skilled nursing facility co-payment, days 21-100 of $141.50/day.

And since 2003, higher-income beneficiaries will fall into a different category of payments as follows:

  • $161.50 for individuals with annual incomes between $85,000 and $107,000 and married couples with annual incomes between $170,000 and $214,000
  • $230.70 for individuals with annual incomes between $107,000 and $160,000 and married couples with annual incomes between $214,000 and $320,000
  • $299.90 for individuals with annual incomes between $160,000 and $214,000 and married couples with annual incomes between $320,000 and $428,000
  • $369.10 for individuals with annual incomes of $214,000 or more and married couples with annual incomes of $428,000 or more.

Rates differ for beneficiaries who are married but file a separate tax return from their spouse.  Those with incomes between $85,000 and $129,000 will pay a monthly premium of $299.90 and Those with incomes greater than $129,000 will pay a monthly premium of $369.10.

How much income can I keep if my spouse goes into a nursing home?

By Attorney Elizabeth Durnell

In Ohio, the minimum amount of income that the spouse of a nursing home resident who is still at home (the “community spouse”) can keep is $1,821, if the State is paying the bill.  The community spouse may request an increase in this amount.  However, this increase is not easy to get.  The community spouse must show exceptional circumstances to receive this increase. In most instances if the community spouse does not get extra income they may not have enough money to live on, or, as Thom always likes to say, they end up “shopping in the cat food aisle.”

Exceptional circumstances are difficult to prove.  A Connecticut court held that expenses due to the normal frailties of old age are not exceptional circumstances.  In this case, the community spouse suffered from diabetes, hypertension, glaucoma and a hiatal hernia.

Basically, the outrageous expenses that an elderly person incurs associated with growing older are not usually considered exceptional.

If nursing home planning is done correctly, this situation may be avoided.  To see what you can do to avoid “shopping in the cat food aisle”, please contact our office for a free consultation.

Are VA Benefits worth the hassle to apply?

By Josh Sharp

There are times that I am talking to a client and explaining the process of applying for VA benefits.  I tell them that at times it can be difficult, and there are many hurdles that need to be cleared.  Oftentimes the VA will come back and want more information, which can take more time.  There have been instances when clients have asked me if it is worth it to apply.

I always tell them that it is their decision, but these are benefits that earned with their service and qualify for because of their condition … Benefits that could keep them in their home, or assisted living longer allowing them to stay out of a nursing home.  I also tell them that while the VA may put hurdles in front of them, we are here to help them to clear the hurdles and get them the Benefits that they deserve.

Why Don’t More Seniors Share Housing?

By Renee Fox

A scene from a 1989 epidsode of the “Golden Girls” television comedy starring, from left, Estelle Getty, Bea Arthur, Rue McClanahan and Betty White.

Recently, a  co-worker and I have signed on to do seminars for our law firm regarding Estate Planning for Women. It is a fact that many of us Women outlast our Men. It becomes increasingly difficult to keep up with a large home or property by yourself. A recent article in the NY Times highlights several organizations in major cities that focus on senior co-housing. When reading it I thought this was a pretty novel idea. It struck me as a good way for widows to pool their assets and resources in an effort to get through a tough time. Not to mention it would enable these women to preserve more of their assets and live comfortably. The concept reminded me of the 1980′s hit show The Golden Girls; four single women combining their resources and helping each other out. Not only did it make sense financially but they made life long friendships and faced problems and conflicts that arose together. No one should have to “go it alone”. Maybe this is an option worth exploring for some. If you are a widow and would like to learn more about how to plan ahead and preserve your assets please contact the attorneys at Cooper Elder Law.

No Cost of Living Raise For Seniors In 2011

By Megail Gaumer

For the second year in a row and the second time since Cost Of Living Adjustments (COLA) were established in 1975 there will be no increase in Social Security payments for the  58.7 million Americans rely on  Social Security benefits .   Though it will not be official for a couple of months, don’t expect it.  While costs for seniors’ medical services continue to rise, seniors will likely not see much help from the government for next year with the exception of a one-time $250 payment… Not real is it?

There may be other programs that can help.  For example, if you are a wartime veteran or a widow of a wartime veteran, there are programs that could help.  Call us or your elder law attorney to discuss your situation.

Veterans Day, please join Cooper Elder Law in Thanking our Veterans

By Attorney Mitch Adel

Thursday November 11th is Veterans Day!  Veterans Day is a Federal holiday which marks the anniversary of the signing of the Germans signing the Armistice that ended World War I.  The signing was done at the 11th hour, on the 11th day of the 11th month in 1918.  On the anniversary the following year President Woodrow Wilson first proclaimed the holiday.  Seven years later the Congress passed a resolution requesting that President Calvin Coolidge also honor November 11 with appropriate ceremonies.  Finally in 1938, Act 52 Stat. 351; 5 U.S. Code, Sec. 87A made the date a legal holiday, known as Armistice Day.  In 1954 the holiday was re-named Veterans Day and expanded to honor all veterans, not just those who served during World War I, after a merchant in Kansas had an idea to expand the holiday and convinced his fellow store owners and the Board of Education to close their doors on that day. http://en.wikipedia.org/wiki/Veterans_Day

Today, the holiday is observed nationally at 11am at the Arlington National Cemetery, a ceremony that begins at the tomb of the unknown soldier and continues inside the Memorial Amphitheater.   Federal government is closed, while state and local, including schools, have discretion to establish their own policies as to whether they stay open or not.  Please visit your local governments websites to see what Veterans Day activities are going on around you.

For more information on this important holiday please visit http://www1.va.gov/opa/vetsday/



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