Vol 5 Issue Nine |
December 2011 |
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| Put Yourself In Charge! |
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Greetings!
 The year is drawing to a close and we're looking ahead to 2012. One big change I see in the practice involves Medicare Secondary Payer issues. Say what? I have posted a 'Plain English' explanation below. If you have recently settled a workers comp or personal injury case and have received a pile of money (or are about to) . . . or if you are an attorney who represents someone who has settled a workers comp or personal injury case . . . then pay attention and read the article.
I have become so involved with these issues over the past year that I rolled up my sleeves, dragged out the law books and studied for the Medicare Set-aside Certified Consultant exam. Aced it! Now I can call myself a Medicare Set-aside Certified Consultant (or MSCC). It actually blends quite well with my traditional elder law/special needs law practice.
COLAs
The past few years the feds have not issued any cost of living adjustments. That had been a surprise to many who had counted on the adjustments like, well, clockwork. For 2012 they're back. The article below goes through several of the most important adjustments affecting Medicare, Medicaid, Social Security, and VA benefits. Sole Benefit Trusts Issues seem to run in spurts. Lately I have been putting together a good many 'sole benefit trusts.' They are not too common, but in the right situation they are great. If you are concerned about qualifying for Medicaid and you have a disabled relative (a child, or perhaps an in-law or even a very good friend) do yourself a favor and read the article I have posted below on those types of trusts. Have a great Christmas . . . and make the most of what is left of '11! 
Bob Mason
Certified Elder Law Attorney
NC Board Certified Specialist - Elder Law Certified by the National Elder Law Foundation, recognized by the American Bar Association as the certifying entity for specialization in Elder Law. Also certified in Elder Law by the North Carolina State Bar Board of Legal Specialization. |
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COLA Season! Social Security, Medicare, VA, SSI, Medicaid Adjusted
 Social Security recently announced a cost of living adjustment (COLA), the first since 2009. The adjustment is important to more than seniors looking forward to the monthly benefit check because it drives a number of other important benefit levels as well.
Benefits receiving a COLA include Supplemental Security Income (SSI - the low income supplement for the elderly and poor that is an automatic gateway to Medicaid), veterans' benefits, Medicare and Medicaid.
They're all included on the Mason Law, PC website.
To read the rest of this article, click HERE.
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What Is Medicare Secondary Payer?
A Plain English explanation of why Medicare can (and should) grab part of your worker's comp or court settlement . . . and what to do about it! Give me five minutes! I proudly told my 94 year-old Mom and 15 year-old son that I had just been awarded something called a "Medicare Set-aside Certified Consultant" designation by the International Commission on Health Care Certification. My mother exclaimed, "I am SOOO proud of my son!" My son raised an eyebrow, gave me a knowing nod and exclaimed, "Dude!" They both then wondered, "But what does THAT mean? What is Medicare secondary payer?" I think I explained it to my mother. After 5 minutes, my son said, "That's OK, Dad . . . ." This "plain English" explanation is for folks like them.
This additional area of practice will make me feel even more socially useful because I am helping other attorneys and their injured clients, as well as doing my bit to prevent duplicate payments by Medicare (we all have an interest in the continued financial viability of that program). To read the rest of this article, click HERE. 
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Need To Qualify For Medicaid? Have A Family Member Who Is Disabled?Then Read This! | |
This is a sole . . . and it has nothing to do with a trust. Smile!
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A Sole Benefit Trust is an often neglected yet important type of Special Needs Trust that can be useful in planning for certain categories of individuals with disabilities. For example, a "Sole Benefit Trust" can be a useful solution for a disabled grantor who wishes to protect funds intended for a loved one with disabilities when the grantor has her own need to protect Medicaid or SSI eligibility. Which type of Sole Benefit Trust to use, however, depends upon the Medicaid and SSI status of the beneficiary. This article will help make that choice. To read the rest of this article, click HERE.
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What Can Mason Law Do For You?
You've worked hard all your life for what you have. You're concerned about being left destitute by long term care costs. You'd like to leave something of your hard work to your children. You're tired of worrying about it all.
Maybe we've just described a parent. If so, you're concerned about your mother's or father's health care needs, you are busy and don't know where to start, your prime concern is making sure your parent's assets are used in the best way possible for their care.
We can help you. Using state of the art mastery of complex trust, tax, testamentary, Medicaid, and VA law we can save you thousands, give you a sense of security and ease your troubled mind.
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| The Usual Disclaimer: This newsletter is for general information only. Please do not rely on anything you read in this email as definitive legal advice applicable to you. All situations are different, including yours. Nothing you read in this newsletter is a suitable substitute for professional advice you may receive from your attorney, your accountant, or your tax advisor. All contents copyrighted 2011 by Mason Law, PC. Contents may be republished with written permission of Mason Law, PC (which permission will usually be given!). |
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