Your Estate (Large or Small) Is Worth the Human Interaction
Thursday, April 28, 2011
It Doesn’t Have To Cost A Lot
Today a gentleman called our office looking for a quote on a simple will. He had called various other offices in town, and he was feeling discouraged by the high prices they wanted to charge him. In fact, one firm quoted him a whopping $1600 for a simple will!
This man easily could have decided on one of several courses of action at that point: give up, realizing he was priced out of the peace of mind this type of planning can provide, or try to go at it himself with tools available from the Internet, stores, and untrained associates.
A Modern Trend: Going It Alone
People are turning to online and store-bought (or “canned”) estate planning tools (wills, powers of attorney, and even trusts) in higher numbers. To a large extent, these documents do a fair job of protecting a person’s assets. But there are several advantages of going through an attorney, even for the simplest estate planning processes.
The Human Obligation
It must first be understood that when you call an attorney’s office, you are calling a human being who has various interests, which include a desire to gain your business, an ethical obligation to advise you fully, and — hopefully — a personal motivation to do good by you. Admittedly, the attorney is not in business to feel good, but rather to make a living. I call this the human “obligation.”
Using an online service such as www.legalzoom.com will not provide you with the human element of motivation to get things right. Instead, those services rely on the knowledge you are able to gain in your late-night Google searches to piece together your estate plan. If you know exactly what you’re doing, then you will not have any trouble. But if you are doubtful, talk to a knowledgeable estate attorney’s office. They will have ideas that are personalized to your unique situation, and no computer can offer that.
The Human Interaction
Second, estate planning is a very “human” practice. As opposed to litigation or even family law, this is not a practice where paperwork and pleadings are passed from one side of the adversarial “v.” to the other (i.e. Smith v. Johnson), like a heated tennis match. Rather, estate planning is an intimate process where the client expresses her greatest hopes, dreams, and desires, and the attorney helps the client find ways to accomplish them.
Third, consulting with an attorney can help you accomplish goals that are creative and altruistic. Alan Augulis, estate planning attorney, recently published an online article called “The Human Side Of Estate Planning”. His ideas are instructive and thought-provoking:
“Protecting and then maximizing the assets that you intend to pass along to your loved ones certainly is important, but your worth as a human being cannot measured on a spreadsheet.
“And by the same token, that worth cannot be imparted to the people that you love in a purely financial manner. Yet, once you are gone you are gone and you will no longer be there to provide your family members with one-on-one guidance or leadership by example.
“Until they perfect that cryogenics thing there is not much any of us can do about our mortality, but you can plan your estate in a creative manner that has instructive value. One tool that you can use that can potentially help to paint a picture worth a thousand words is the incentive trust.
“When you create an incentive trust you name a beneficiary as you would with any trust, but you attach stipulations that must be met before distributions from the trust are made. These vehicles are often used to guide a younger heir toward education, or to lure a loved one away from destructive behavior. But incentive trusts could be used for another purpose as well.
“You could choose to require a loved one to complete some form of community service as a stipulation of the trust. If you were to carefully choose the specific service in an effort to expose this family member to one of life’s realities that they may not otherwise experience it could have a profound positive impact on this person at a very deep level.
“In the end, your beneficiary may well gain a layer of depth of character to match the added financial security that you have provided. Such an approach may not on the surface seem to be universally necessary or appropriate. But you would be hard pressed to find a single individual who could not benefit from an experience of giving that lied outside of his or her comfort zone.”
Adapted from http://augulislawfir … ide-estate-planning/
It’s Worth Your Time
I am glad that gentleman called our office today. I quoted him a much lower figure for a simple will and powers of attorney for health care and asset management. It became clear to me right away that this man had limited means, but he wants to protect his precious, simple assets and make sure they end up in the right hands. And he didn’t want a lot of complication or expense.
If you want a human being to help you plan your estate to accomplish your deepest hopes and desires, then please call Farrell, Fraulob & Brown at (916) 442-5835.
Q&A: The Social Security Administration Appeals Council
Friday, April 22, 2011
Q: What is the “APPEALS COUNCIL”?
A: The Appeals Council is the administrative appeal body within the Social Security Administration that is responsible for reviewing the decisions of the Administrative Law Judges. They are responsible for handling appeals of Administrative Law Judge decisions and handle reviews of decisions on their OWN motion.
Q: What does it mean to be ‘Reviewed by the Appeals Council’ on its OWN Motion?
A: Most people don’t realize that even if you get approved by an Administrative Law Judge for benefits, that decision is subject to review by the Appeals Council. In any judicial process, every judge must answer to a judge who is higher than he/she. The Appeals Council reviews all decisions (randomly) to ensure that the judges are rendering the proper decision.
Q: What happens after this review by the “Appeals Council”?
A: Four things can happen after their review.
One, the Appeals Council can determine that the Judge made the right decision.
Two, the Appeals Council can determine that the Judge made a PARTIALLY right decision and send the decision back to the Judge to correct it.
Three, the Appeals Council can determine that the Judge made a wrong decision and send the decision back to the Judge to correct it.
Four, the Appeals Council can make its own decision and not send the case back to the judge.
Q: If the Appeals Council pulls the case for review on its own, how long do they have to make a decision?
A: Typically, the AC will indicate that they must make their decision within 110 days. During those 110 days, your ability to obtain any benefits approved by the SSA will be held until they make their decision.
Q: How long after getting a Favorable decision from SSA will you have to wait in order to determine if the AC will pull it for review?
A: The AC can pull a case for review at any time. However, the AC recognizes that people have waited for a long time to obtain benefits so they tend to move quickly in making their decision.
Q: What happens after 110 days if they haven’t made their decision?
A: After 110 days, the claimant has the option of requesting the SSA to go ahead and process their favorable decision from the Administrative Law Judge. This way, the claimant can receive their benefits while waiting for their review from the AC.
Q: Can the AC reject the ALJ decision and take the benefits back?
A: It is possible. If the AC determines that the ALJ was wrong and sends the case back to the ALJ, the ALJ can reverse his/her decision. Unfortunately, this means that you may have to reimburse Social Security for any benefits that you may have obtained.
Q: What if the Judge denies my case, can I appeal to the AC?
A: The AC is the final administrative decision maker. If the judge denies your case, the next level is to ask for a Review of the Judge’s decision with the AC.
Q: How long will it take to get a decision from the AC regarding my appeal of my denial from the judge?
A: Unfortunately, this question doesn’t have a simple answer. Most people don’t realize that the Appeals Council handles decisions for the entire country. As a result, it takes a while (6 to 12 months) for the Appeals Council to make their decision.
Q: If the AC denies my appeal, is that the end of my case?
A: No, you can file a Civil Action in the United States District Court. In essence, you would be suing the Social Security Administration for getting the decision.
The Social Security processes can confusing. Call (916) 442-5835 if you have been denied SSDI benefits.
Tags: administrative appeals judge, administrative law judge, appeals council, civil action, continuing disability review, favorable decision, fully favorable decision, partially favorable decision, social security administration, unfavorable decision, united states district court
(adapted from http://legalbeat.an … y-favorable-decision)
Benefits, Benefits, Benefits: Sorting It All Out
Thursday, April 14, 2011
Most people are utterly confused — and for good reason — about all the different kinds of income and benefits available from the workplace and the government. It is a tangled web of information, bureaucracy, and headache.
The following should help you understand the basics of each type of income replacement benefits.
SSDI - Social Security Disability Insurance
Social Security Disability Insurance pays benefits to you and certain members of your family if you are “insured,” meaning that you worked long enough and paid Social Security taxes. Independent contractors should pay Social Security taxes to qualify for this benefit.
After receiving these benefits for 2 years, you automatically qualify for Medicare. Your checks will be reduced to cover the Medicare share of cost. If you would rather not receive Medicare benefits, you must notify the Social Security Administration.
SSDI benefits are subject to an offset for any other income received. For example, if you are receiving TD benefits (see below), then you will not receive your full SSDI benefit per the TD offset, under what is referred to as the “80% rule”. This rule simply means that your combined benefits from SSDI/SSI/SDI/TD/PD cannot exceed 80% of your highest regular pre-disability earnings in the last 3 months (1 quarter) preceding your disability.
http://www.ssa.gov/dibplan/index.htm
SSI - Supplemental Security Income
Supplemental Security Income pays benefits based on financial need. It is designed to help aged, blind, and disabled people, who have little or no income; and it provides cash to meet basic needs for food, clothing, and shelter. It is not meant to be a primary or sole source of income; hence the term “supplemental”.
A person receiving SSI is eligible to continue working without jeopardizing SSI benefits, provided the other income is below a certain amount, and provided the person has limited resources. California allows a person to make $1000 per month of other income without affecting SSI benefits.
SDI - State Disability Insurance
Are you out of work due to a non-industrial injury, illness, or pregnancy related condition? Disability Insurance (DI) provides partial wage replacement to eligible workers who are unable to work because of a disability.
Disability is defined as any mental or physical illness or injury which prevents you from performing your regular or customary work according to California Unemployment Insurance Code, Section 2626.
The Disability Insurance Branch of the California Employment Development Department (EDD) administers three disability insurance plans:
State Plan. The majority of employees in California are covered by this plan, and most of the information provided on the Disability Insurance portion of this site pertains to the State Plan.
Voluntary Plan. This is a private plan that employers and employee groups may apply to EDD for approval of a Voluntary Plan if the majority of employees and the employer agree to do so. If covered by a Voluntary Plan, the provisions of this site may not apply to you. Obtain information about your coverage and file a voluntary plan claim through your employer.
Elective Coverage. Employers and self–employed persons, including general partners, individuals in family employment not subject to the California Unemployment Insurance Code may elect coverage. For additional information on Elective Coverage or to apply for Elective Coverage, contact the Elective
Coverage Unit at 916-654-6288.
http://www.edd.ca.go … bility_insurance.htm
Unemployment Insurance - Employment Development Department (EDD)
The Unemployment Insurance Program, commonly referred to as UI, provides weekly unemployment insurance payments for workers who lose their job through no fault of their own. The UI program is 100% funded by employers who pay taxes on wages paid to employees.
http://www.edd.ca.go … ployment/default.htm
TD - Temporary Disability
Temporary disability is a benefit payable if a job-related injury or illness results in an inability to work for more than 3 calendar days. In cases where hospitalization is required, the employee is disabled as a result of a criminal act of violence or, the loss of time exceeds 14 days, temporary disability is paid for the first three days. The waiting period starts the first day following the date of injury. No charge is made for absence on the day of injury.
The waiting period need not consist of consecutive days. Portions of days of absence for doctor’s appointments or because the employee is unable to work subsequent to date of injury may be accumulated to full days and charged to the waiting period.
Most disabled state employees qualify for Industrial Disability Leave. See SAM Section 2583.11. Industrial Disability Leave may be paid in lieu of temporary disability. In many cases the disabled, sate employee will be able to choose between Industrial Disability Leave or temporary disability with or without supplementation by their leave credits. Those disabled employees who qualify for and choose temporary disability are allowed to use any accrued sick leave, vacation time, or excess time credits to make up the difference between the temporary disability payments and normal salary. (Government Code Section 19863.) The maximum weekly temporary disability payment is $266 for injuries occurring on or after January 1, 1990.
Hours lost subsequent to a full work release for such things as routine doctor’s appointments or therapy may not be accumulated and reported to the State Fund as full days lost for purposes of temporary disability. However, under certain conditions, employees may qualify for temporary partial disability payments. See SAM Section 2583.12.
The benefit normally ceases when the employee returns to work or the medical condition has stabilized. See SAM Section 2583.10 for an exception to this rule.
http://sam.dgs.ca.go … /TOC/2500/2583.1.htm
PD - Permanent Disability
When the injured’s condition has stabilized (the treating physician says it will get no better nor worse), the employee may be entitled to permanent disability payments.
Permanent disability payments are due if there are lasting effects from the job-related injury or illness. Permanent disability payments are not supplemented with leave credits.
If an employee is released from temporary disability compensation and starts receiving permanent disability compensation, then he/she may still be able to return to work at his/her prior position. This decision is based upon the medical restrictions placed upon the individual by the treating physician in the final report. If an employee receiving permanent disability is not able to return to work, the department is required to initiate one of the actions outlined in Government Code 19991.4.
Medicare
The Centers for Medicare & Medicaid Services (CMS) administers Medicare, the nation’s largest health insurance program, which covers nearly 40 million Americans. Medicare is a Health Insurance Program for people age 65 or older, some disabled people under age 65, and people of all ages with End-Stage Renal Disease (permanent kidney failure treated with dialysis or a transplant).
Medicare consists of four parts: A, B, C, and D.
Part A
Medicare Part A (Hospital Insurance)
What Is Part A (Hospital Insurance)?
Part A is hospital insurance that helps cover inpatient care in hospitals, skilled nursing facility, hospice, and home health care.
How Much Does Part A Cost?
Most people don’t pay a Part A premium because they paid Medicare taxes while working. This is called “premium-free Part A.”
If you aren’t eligible for premium-free Part A, you may be able to buy Part A if you meet one of these conditions:
You’re 65 or older, you’re entitled to (or enrolling in) Part B, and you meet the citizenship or residency requirements.
You’re under 65, disabled, and your premium-free Part A coverage ended because you returned to work. (If you’re under 65 and disabled, you can continue to get premium-free Part A for up to 8.5 years after you return to work.)
In most cases, if you choose to buy Part A, you must also have Part B and pay monthly premiums for both. If you have limited income and resources, your state may help you pay for Part A and/or Part B.
How Do I Get Part A?
Some people automatically get Part A. Learn how and when you can sign up for Part A.
What Does Part A Cover?
To find out if Part A covers something specific, visit Your Medicare Coverage. In general, Part A covers:
Inpatient care in hospitals (such as critical access hospitals, inpatient rehabilitation facilities, and long-term care hospitals)
Inpatient care in a skilled nursing facility (not custodial or long term care)
Hospice care services
Home health care services
Inpatient care in a Religious Nonmedical Health Care Institution
Note: Staying overnight in a hospital doesn’t always mean you’re an inpatient. You’re considered an inpatient the day a doctor formally admits you to a hospital with a doctor’s order. Being an inpatient or an outpatient affects your out-of-pocket costs. Always ask if you’re an inpatient or an outpatient. Read “Are You a Hospital Inpatient or Outpatient? If You Have Medicare – Ask!” for more information.
http://www.medicare. … benefits/part-a.aspx
Part B
What Is Part B (Medical Insurance)?
Part B helps cover medically-necessary services like doctors’ services, outpatient care, home health services, and other medical services. Part B also covers some preventive services. Check your Medicare card to find out if you have Part B.
How Much Does Part B Cost?
If you have Part B, you pay a Part B premium each month. Most people will pay the standard premium amount. Social Security will contact some people who have to pay more depending on their income. If you don’t sign up for Part B when you are first eligible, you may have to pay a late enrollment penalty.
How Do I Get Part B?
Some people automatically get Part B. Learn how and when you can sign up for Part B.
What Does Part B Cover?
To find out if Part B covers something specific, visit Your Medicare Coverage. Part B covers two types of services:
Medically-necessary services — Services or supplies that are needed to diagnose or treat your medical condition and that meet accepted standards of medical practice.
Preventive services — Health care to prevent illness (like the flu) or detect it at an early stage, when treatment is most likely to work best.
http://www.medicare. … benefits/part-b.aspx
Part C
What is a Medicare Advantage Plan (Part C)?
A Medicare Advantage Plan (like an HMO or PPO) is another Medicare health plan choice you may have as part of Medicare. Medicare Advantage Plans, sometimes called “Part C” or “MA Plans,” are offered by private companies approved by Medicare.
If you join a Medicare Advantage Plan, the plan will provide all of your Part A (Hospital Insurance) and Part B (Medical Insurance) coverage. Medicare Advantage Plans may offer extra coverage, such as vision, hearing, dental, and/or health and wellness programs. Most include Medicare prescription drug coverage (Part D).
Medicare pays a fixed amount for your care every month to the companies offering Medicare Advantage Plans. These companies must follow rules set by Medicare. However, each Medicare Advantage Plan can charge different out-of-pocket costs and have different rules for how you get services (like whether you need a referral to see a specialist or if you have to go to only doctors, facilities, or suppliers that belong to the plan for non‑emergency or non-urgent care). These rules can change each year.
Different Types of Medicare Advantage Plans
Health Maintenance Organization (HMO) Plans
Preferred Provider Organization (PPO) Plans
Private Fee-for-Service (PFFS) Plans
Special Needs Plans (SNP)
There are other less common types of Medicare Advantage Plans that may be available:
HMO Point of Service (HMOPOS) Plans— An HMO plan that may allow you to get some services out-of-network for a higher cost.
Medical Savings Account (MSA) Plans—A plan that combines a high deductible health plan with a bank account. Medicare deposits money into the account (usually less than the deductible). You can use the money to pay for your health care services during the year.
How Much Does a Medicare Advantage Plan Cost?
In addition to your Part B premium, you usually pay one monthly premium for the services included. Each Medicare Advantage Plan can charge different out of-pocket costs. Your out-of-pocket costs in a Medicare Advantage Plan depend on:
Whether the plan charges a monthly premium.
Whether the plan pays any of your monthly Part B premium.
Whether the plan has a yearly deductible or any additional deductibles.
How much you pay for each visit or service (copayments or coinsurance).
The type of health care services you need and how often you get them.
Whether you follow the plan’s rules, like using network providers.
Whether you need extra benefits and if the plan charges for them.
The plan’s yearly limit on your out-of-pocket costs for all medical services.
What Does a Medicare Advantage Plan Cover?
In all types of Medicare Advantage Plans, you’re always covered for emergency and urgent care. Medicare Advantage Plans must cover all of the services that Original Medicare covers except hospice care. Original Medicare covers hospice care even if you’re in a Medicare Advantage Plan. Medicare Advantage Plans aren’t supplemental coverage. Medicare Advantage Plans may offer extra coverage, such as vision, hearing, dental, and/or health and wellness programs. Most include Medicare prescription drug coverage (Part D).
How Do I Get a Medicare Advantage Plan?
Not all Medicare Advantage Plans work the same way, so before you join, take the time to find and compare Medicare Health Plans in your area. Once you understand the plan’s rules and costs, you may be able to join by completing a paper application, calling the plan, or enrolling on the plans website. Medicare also has information on quality to help you compare plans.
A Few Extra Things You Should Know about Medicare Advantage Plans
New—Making changes to your coverage after December 31 Between January 1–February 14, 2011, if you’re in a Medicare Advantage Plan, you can leave your plan and switch to Original Medicare. If you switch to Original Medicare during this period, you will have until February 14 to also join a Medicare Prescription Drug Plan to add drug coverage. Your coverage will begin the first day of the month after the plan gets your enrollment form.
During this period, you can’t do the following:
Switch from Original Medicare to a Medicare Advantage Plan.
Switch from one Medicare Advantage Plan to another.
Switch from one Medicare Prescription Drug Plan to another.
Join, switch, or drop a Medicare Medical Savings Account Plan.
As with Original Medicare, you still have Medicare rights and protections, including the right to appeal.
Check with the plan before you get a service to find out whether they will cover the service and what your costs may be.
You must follow plan rules, like getting a referral to see a specialist or getting prior approval for certain procedures to avoid higher costs. Check with the plan.
You can join a Medicare Advantage Plan even if you have a pre existing condition, except for End-Stage Renal Disease.
You can only join a plan at certain times during the year. In most cases, you’re enrolled in a plan for a year.
If you go to a doctor, facility, or supplier that doesn’t belong to the plan, your services may not be covered, or your costs could be higher, depending on the type of Medicare Advantage Plan.
If the plan decides to stop participating in Medicare, you‘ll have to join another Medicare health plan or return to Original Medicare.
http://www.medicare. … benefits/part-c.aspx
Part D - Prescriptions
Medicare prescription drug coverage is insurance run by an insurance company or other private company approved by Medicare. There are two ways to get Medicare prescription drug coverage:
Medicare Prescription Drug Plans. These plans (sometimes called “PDPs”) add drug coverage to Original Medicare, some Medicare Cost Plans, some Medicare Private Fee-for-Service (PFFS) Plans, and Medicare Medical Savings Account (MSA) Plans.
Medicare Advantage Plans (like an HMO or PPO) are other Medicare health plans that offer Medicare prescription drug coverage. You get all of your Part A and Part B coverage, and prescription drug coverage (Part D), through these plans. Medicare Advantage Plans with prescription drug coverage are sometimes called “MA-PDs.”
If you decide not to join a Medicare drug plan when you’re first eligible, and you don’t have other credible prescription drug coverage, you will likely pay a late enrollment penalty.
How Much Does Medicare Prescription Drug Coverage Cost?
Each plan can vary in cost and drugs covered. The Medicare Drug Plan Finder can help you find and compare plans in your area.
Your Part D monthly premium could be higher based on your income. This includes Part D coverage you get from a Medicare Prescription Drug Plan, or a Medicare Advantage Plan or Medicare Cost Plan that includes Medicare prescription drug coverage. If your modified adjusted gross income as reported on your IRS tax return from 2 years ago (the most recent tax return information provided to Social Security by the IRS) is above a certain amount, you will pay a higher monthly premium. For more information, visit Social Security’s website.
Many people qualify to get Extra Help paying their Medicare prescription drug costs but don’t know it. Most who qualify and join a Medicare drug plan will get 95% of their costs covered. Don’t miss out on a chance to save. Extra Help and other programs (like Medicare Savings Programs) may help make your health care and prescription drug costs more affordable.
How Do I Get Medicare Prescription Drug Coverage?
To join a Medicare Prescription Drug Plan, you must have Medicare Part A or Part B. To join a Medicare Advantage Plan, you must have Part A and Part B. You must also live in the service area of the Medicare drug plan you want to join.
Remember, costs and coverage varies with each plan. Check out the Medicare Drug Plan Finder can help you find and compare plans in your area. Medicare also has information on quality to help you compare plans.
If you have employer or union coverage, call your benefits administrator before you make any changes, to before you sign up for any other coverage. If you drop your employer or union coverage, you may not be able to get it back. You also may not be able to drop your employer or union drug coverage without also dropping your employer or union health (doctor and hospital) coverage. If you drop coverage for yourself, you may also have to drop coverage for your spouse and dependants.
Once you choose a Medicare drug plan, you may be able to join by completing a paper application, calling the plan, or enrolling on the plan’s Web site or on the Medicare Drug Plan Finder. You can also enroll by calling 1-800-MEDICARE (1-800-633-4227). TTY users should call 1‑877-486-2048. When you join a Medicare drug plan, you will have to provide your Medicare number and the date your Part A and/or Part B coverage started. This information is on your Medicare card. Note: Medicare drug plans aren’t allowed to call you to enroll you in a plan. Call 1-800-MEDICARE to report a plan that does this.
How Does My Other Insurance Work with Medicare Drug Coverage?
If you have other insurance, find it below to understand how it works with, or is affected by, Medicare prescription drug coverage.
Employer or Union Health Coverage
This is health coverage based on your, your spouse’s, or other family member’s current or former employment. If you have prescription drug coverage based on employment, the employer or union will notify you each year to let you know if your drug coverage is creditable. Keep the information you get.
If you join a Medicare drug plan, you, your spouse, or your dependants may lose your employer or union health coverage. Call your benefits administrator for more information before making any changes to your coverage.
COBRA
This is a Federal law that may allow you to temporarily keep employer or union health coverage after the employment ends or after you lose coverage as a dependent of the covered employee.
There may be reasons why you should take Part B instead of COBRA. However, if you take COBRA and it includes creditable prescription drug coverage, you will have a special enrollment period to join a Medicare drug plan without paying a penalty when the COBRA coverage ends. Talk with your State Health Insurance Assistance Program (SHIP) to see if COBRA is a good choice for you.
Medigap (Medicare Supplement Insurance) Policy with Prescription Drug Coverage
Medigap policies are no longer sold with prescription drug coverage, but if you have drug coverage under a current Medigap policy, you can keep it. But you may want to join a Medicare drug plan instead, because most Medigap drug coverage isn’t creditable.
If you join a Medicare drug plan, your Medigap insurance company must remove the prescription drug coverage under your Medigap policy and adjust your premiums. Call your Medigap insurance company for more information.
The types of insurance listed below are all considered creditable prescription drug coverage. If you have one of these types of insurance, in most cases, it will be to your advantage to keep your current coverage.
Federal Employee Health Benefits Program (FEHBP)
If you join a Medicare drug plan, you can keep your FEHBP plan, and your plan will let you know who pays first. For more information, contact the Office of Personnel Management at 1-888-767-6738, or visit the Office of Personnel Management website. TTY users should call 1-800-878-5707. You can also call your plan if you have questions.
Veterans Benefits
You may be able to get prescription drug coverage through the U.S. Department of Veterans Affairs (VA) program. You may join a Medicare drug plan, but if you do, you can’t use both types of coverage for the same prescription. For more information, call the VA at 1-800-827-1000, or visit the VA website. TTY users should call 1-800-829-4833.
TRICARE (Military Health Benefits)
Most people with TRICARE who are entitled to Part A must have Part B to keep TRICARE prescription drug benefits. If you have TRICARE, you aren’t required to join a Medicare drug plan. If you do, your Medicare drug plan pays first, and TRICARE pays second. If you join a Medicare Advantage Plan with prescription drug coverage, TRICARE won’t pay for your prescription drugs. For more information, call the TRICARE pharmacy contractor at 1 877 363 8779, or visit the TRICARE website. TTY users should call 1-877-540-6261.
Indian Health Services
If you get prescription drugs through an Indian health pharmacy, you pay nothing and your coverage won’t be interrupted. Joining a Medicare drug plan may help your Indian health provider with costs, because the drug plan pays part of the cost of your prescriptions. Talk to your benefits coordinator - they can help you choose a plan that meets your needs and explain how Medicare works with your health care system.
http://www.medicare. … benefits/part-d.aspx
Medicaid / MediCal
Medi-Cal is California’s Medicaid program. This is a public health insurance program which provides needed health care services for low-income individuals including families with children, seniors, persons with disabilities, foster care, pregnant women, and low income people with specific diseases such as tuberculosis, breast cancer or HIV/AIDS. Medi-Cal is financed equally by the State and federal government.
To see if you qualify, or to apply for MediCal, please click on the following link: http://www.dhcs.ca.g … es/MCIndividual.aspx[/code][/code][/code]
SSI for Children: Why and How
Thursday, April 7, 2011
This past week, we have received a larger-than-normal number of inquiries regarding Supplemental Security Income (SSI) for children. The following information will explain why SSI benefits are paid to minors, and how to apply for them.
WHY DO MINORS RECEIVE SSI BENEFITS?
Children can receive Supplemental Security Income (SSI) from birth through age 18 if they have a qualifying disability that is expected to last at least a year or result in death. Just as with adult SSI benefits, SSI for children is intended to supplement a child’s income when income and resources are low enough to qualify.
According to the Social Security Administration (SSA) website, www.ssa.gov, a state agency makes the determination whether the child qualifies for benefits. Various states have differing standards of disability and qualifying income levels. For example, in California, the qualifying household income (Substantial Gainful Activity, or SGA) of a single person in 2011 is $1000 per month.
Work Opportunities for Young People Who are Getting SSI
Many young people who get SSI disability benefits want to work. The following information may be helpful.
SSA does not count most of a child’s earnings when they figure the SSI payment. SSA counts even less of a child’s earnings if the child is a student.
SSA subtracts the cost of certain items and services that a child needs to work from his or her earnings in figuring the SSI payment.
If a child is age 15 or older, he or she can establish a Plan to Achieve Self-Support (PASS). With a PASS, a child can set aside income for a work goal. SSA will not count this income when they figure the SSI payment.
A child’s Medicaid coverage can continue even if his or her earnings are high enough to stop SSI payment, as long as the earnings are under a certain amount.
Social Security has two programs that can assist young people who get SSI disability benefits and want to go to work:
* Work Incentives Planning and Assistance (WIPA)
* Protection and Advocacy for Beneficiaries of Social Security (PABSS) program.[/i]
Your local Social Security office can provide more information about these programs. You can also find more information on our Work website, www.socialsecurity.gov/work/.
HOW TO APPLY FOR CHILDREN’S SSI
The process for applying for SSI on behalf of a minor is the same as for an adult applying for SSI. Please refer to this link for more information: http://ssa.gov/pubs/11000.html#part2
Should you receive a letter after submitting your application stating you are denied benefits, please contact our office for a no-cost consultation: (916) 442-5835.
Facebook and Twitter Posts Can (And Will) Be Used Against You!
Thursday, March 31, 2011
You may not realize it, but an army of insurance claims adjusters and court staffers are silently perusing the social networks (Facebook, MySpace, Twitter, and a host of others) for evidence that you are not disabled. They look for text and pictures that depict you as being healthy and active, at least more so than you claimed when you filed your case.
For example, a photograph depicting you on a jet ski will not bode well for your claim that your spinal injury keeps you from working. However, it might be a photo you added yesterday of a ski trip from 10 years ago. The person looking at your profile may not know that your skiing days are long gone, because the only date the viewer sees is yesterday’s date.
Some people are rather flippant about the seriousness of this issue. For example, one injured worker with a pending claim wrote the following and posted it to www.workerscompinsurance.com:
“Myself, I always just accepted that they would be veiwing my Facebook page, I would if I were them. But, I do see a couple holes in it; 1) There is no way they could justify obtaining your password for any reason. Just make the claim that you have had corespondance w/ your At or doctor via the private message function within your page. 2) I may post a picture today of me snowboarding that was taken 10 yrs. ago and if they wanna make something of it I invite. I will then embarras them. 3) These sites are predominately designed for entertainment w/ all the little fantasy games that are played on these sites etc… Anything I may post (comments, doctered pics etc…) lends itself to my personal entertainment and doesn’t have to true or “a matter of fact”. There are no legal or moral obligations that say I can’t skew facts for myself, as long as I don’t cause damage to anyone else etc… 4) Alot of people are relying entirely on sites like Facebook for their everyday e-mails and some other functions that a standard e-mail account would provide. It’s free and really not that much different from having a Yahoo account. You can share pics, blog, invite friends, all from a Yahoo account. So there is not reason why someone can’t justify using a Facebook page for their everyday corespondance to the rest of the world. I don’t doubt for a second that they will be allowed to view a lage part of these sites for their discovery, but I think at some point limitations will be imposed…”
http://www.workersco … r-Workers-Comp.-Case
This writer makes four flawed arguments.
1. Passwords are required to view your personal information on a social network.
Wrong! It is not entirely clear why a person would justify using Facebook to communicate with her doctor. It is true that social media allow the user to send and receive emails through their portals, but that system is quite similar to any other email provider, in that the inbox is password-protected, and no one but the sender and receiver are allowed to view the correspondence. Caution is advised when the posts are viewable by third parties. Anyone can post anything they like on their webpages, but that also means anyone can access what is in the public online view.
2. You can embarrass the insurance company or Social Security Administration
Wrong again! There is no way to embarrass a company or organization, because these entities have no feelings. You might attempt to embarrass a person, but that person alone is not the opposing party. Your online, public presence is documented, duplicable, and perfectly admissible against you. What your pictures from 10 years ago say is that you posted them yesterday. Unless you are wearing your aunt’s leg warmers from the 1980s, there will be no verifiable proof on the webpage of when the picture was taken.
3. Social networking sites are primarily used for entertainment.
Wrong a third time! In the first argument, the writer claims to be communicating with her doctor regarding important treatment issues through Facebook. Such an activity is not entertaining to the average person, unless that person is aspiring to a career in medicine and is not actually suffering from the effects of an illness or injury. Social media are what the user makes of them. Their flexibility and adaptability to the user are what makes them so pervasive in our “connected” society. Incidentally, it is possible to block your Facebook page from anyone not in your circle of friends by adjusting the privacy settings. But that is not a guarantee that your private content is safe.
4. Using Facebook for email is not different from using Yahoo or its equivalents.
Except it IS different! Facebook and other social media are designed to allow multiple channels of communication, email being only one such channel. For many people, the lines between the various methods of communicating become blurry, increasing the chance that you might inadvertently post your “private” email in a “public” place. The moral of the story is, use social media for being social, and use email to send and receive emails.
If you have a pending claim for benefits either on a workers’ compensation case or with the Social Security Administration, you should use common sense and plenty of caution when it comes to social media. Adjust your privacy settings. Be selective with the photos you choose to share. Tell the truth. Do what your mom taught you — “honesty is the best policy” — and you should be okay.
SSI for Adults: Who Qualifies and How
Thursday, March 24, 2011
WHO
(Kids can get SSI too. A separate blog post will discuss SSI benefits for children.)
Supplemental Security Income (SSI) is a federal benefit that makes monthly payments to adults who have low income and few resources and are:
*Age 65 or older;
*Blind; or
*Disabled.
The Social Security Administration (SSA) manages the SSI program. Even though Social Security manages the program, SSI is not paid for by Social Security taxes. SSI is paid for by U.S. Treasury general funds, not the Social Security trust funds.
Income
Income is money you receive such as wages, Social Security benefits and pensions. Income also includes such things as food and shelter. The amount of income you can receive each month and still get SSI depends partly on where you live. The current income limit in California is $1,000 per month.
Social Security does not count all of your income when they decide whether you qualify for SSI. For example, they do not count:
*The first $20 a month of most income you receive;
*The first $65 a month you earn from working and half the amount over $65;
*Food stamps;
*Shelter you get from private nonprofit organizations; and
*Most home energy assistance.
If you are married, they also include part of your spouse’s income and resources when deciding whether you qualify for SSI. If you are younger than age 18, they include part of your parents’ income and resources. And, if you are a sponsored noncitizen, they may include your sponsor’s income and resources.
If you are a student, some of the wages or scholarships you receive may not count.
If you are disabled but work, Social Security does not count wages you use to pay for items or services that help you to work. For example, if you need a wheelchair, the wages you use to pay for the wheelchair do not count as income when SSA decides whether you qualify for SSI.
Also, Social Security does not count any wages a blind person uses for work expenses. For example, if a blind person uses wages to pay for transportation to and from work, the wages used to pay the transportation cost are not counted as income.
If you are disabled or blind, some of the income you use (or save) for training or to buy things you need to work may not count.
Resources (things you own)
Resources that SSA counts in deciding whether you qualify for SSI include real estate, bank accounts, cash, stocks and bonds.
You may be able to get SSI if your resources are worth no more than $2,000. A couple may be able to get SSI if they have resources worth no more than $3,000. If you own property that you are trying to sell, you may be able to get SSI while trying to sell it.
Social Security does not count everything you own in deciding whether you have too many resources to qualify for SSI. For example, they do not count:
*The home you live in and the land it is on;
*Life insurance policies with a face value of $1,500 or less;
*Your car (usually);
*Burial plots for you and members of your immediate family; and
*Up to $1,500 in burial funds for you and up to $1,500 in burial funds for your spouse.
Other rules you must meet
To get SSI, you must live in the U.S. or the Northern Mariana Islands and be a U.S. citizen or national. In some cases, noncitizen residents can qualify for SSI.
If you are eligible for Social Security or other benefits, you should apply for them. You can get SSI and other benefits if you are eligible for both.
If you live in certain types of institutions, you may get SSI.
If you live in a city or county rest home, halfway house or other public institution, you usually cannot get SSI. But there are some exceptions.
If you live in a publicly operated community residence that serves no more than 16 people, you may get SSI.
If you live in a public institution mainly to attend approved educational or job training to help you get a job, you may get SSI.
If you live in a public emergency shelter for the homeless, you may get SSI.
If you live in a public or private institution and Medicaid is paying more than half the cost of your care, you may get a small SSI benefit.
HOW
If you are applying for SSI, you can complete a large part of your application by visiting the Social Security Administration website at www.socialsecurity.gov. You also can call them toll-free at 1-800-772-1213 to ask for an appointment with a Social Security representative.
Parents or guardians usually can apply for blind or disabled children under age 18. In some cases, other third parties can apply for children.
You should bring certain items when you apply. Even if you do not have all of the things listed below, apply anyway. The people in the Social Security office can help you get whatever is needed. Please bring:
*Your Social Security card or a record of your Social Security number;
*Your birth certificate or other proof of your age;
*Information about the home where you live, such as your mortgage or your lease and landlord’s name;
*Payroll slips, bank books, insurance policies, burial fund records and other information about your income and the things you own;
*The names, addresses and telephone numbers of doctors, hospitals and clinics that you have been to, if you are applying for SSI because you are disabled or blind;
*Proof of U.S. citizenship or eligible noncitizen status.
You also should bring your checkbook or other papers that show your bank, credit union or savings and loan account number so SSA can deposit you benefits directly into your account. Direct deposit protects benefits from loss, theft and mail delay. The money is always on time and ready to use without making a trip to the bank.
A note for people who are blind or disabled
If you work, there are special rules to help you. You may be able to keep getting SSI payments while you work. As you earn more money, your SSI payments may be reduced or stopped, but you may be able to keep your Medicaid coverage.
You also may be able to set aside some money for a work goal or to go to school. In this case, the money you set aside will not reduce the amount of your SSI.
Blind or disabled people who apply for SSI may get free special services to help them work. These services may include counseling, job training and help in finding work.
Attorneys do not typically represent applicants in the initial application stage, because 1) the process is straightforward and all information requested in the application is known to the applicant or easily obtained by the applicant, and 2) attorneys cannot collect a fee for the initial application preparation unless paid out-of-pocket by the applicant.
However, attorneys (like us) do assist applicants on appeals of denied benefits in the reconsideration process and/or a hearing before an Administrative Law Judge.
Right to appeal
If you disagree with a decision made on your claim, you can appeal it. The steps you can take are explained in Your Right To Question A Decision Made On Your Supplemental Security Income (SSI) Claim (Publication No. 05-11008).
You have the right to be represented by an attorney or other qualified person of your choice. More information is in Your Right To Representation (Publication No. 05-10075).
The above information is available also at: http://ssa.gov/pubs/11000.html.
If you have received a letter denying your SSI benefits, please call (916) 442-5835 to discuss your case. Our attorneys have a combined 80+ years of experience in assisting injured and disabled persons get the benefits they deserve.
Even if you don’t need estate TAX planning, you still need estate planning!
Wednesday, December 8, 2010
http://www.marketwat … fects-you-2010-12-08
With the recent announcement of a deal made between President Obama and the GOP leadership in Congress, many Americans are asking about the relevance of estate planning if their net worth is well below the proposed $5 million exemption from estate taxation.
While it may be true that the average American does not need to plan for minimizing his or her tax burden–better said, his or her heirs’ tax burden–everyone, and that means EVERYONE, needs some form of estate planning. This includes a simple will or trust, an AB trust, and/or pour-over wills; it also includes planning for mental and physical incapacity in the form of power-of-attorney agreements for health care and asset management.
Many people questioned whether they needed to worry about estate planning until the statutory dust settled on December 31, 2010. If Congress did not act to amend the estate tax code by that date, the exemption from taxation per individual returns to $1 million on January 1, 2011. The tax had been incrementally increasing from $1M over the past 9 years to reach infinity in 2010. Now, that provision will be sunsetting on December 31, and the deal struck by the White House and GOP leaders this week could replace it.
With a $5 million exemption, over 90% of Americans would be shielded from estate tax liability. Throw in the proposed “portability” provision–which allows a surviving spouse to combine with the decedent spouse’s exemption–and 99% of Americans would have no estate taxes due upon death. In 2009, with a $3.5 million exclusion, only about 16,000 decedents filed a federal estate tax return.
Long story short, whatever happens to the estate tax law, it is likely not to impact the vast majority of Americans. This is perhaps one of the strongest arguments in favor or eliminating the tax altogether: it is simply not a viable revenue stream for the federal government. Since 1945, receipts from estate and gift taxes collected in the US have accounted for only 1-2.5% of total revenues. http://www.cbo.gov/f … te_GiftTax_Brief.pdf
It is still relevant and necessary to get basic estate plans in place. Make things easier for your loved ones by preparing an estate plan that provides not just for the disposition of your assets but your healthcare and financial security.
Social Security Disability and Fibromyalgia
Tuesday, November 23, 2010
(Adapted from http://www.disabilit … ty_fibromyalgia.html, with edits to spelling and grammar.)
At the moment, there is no federal entry in Social Security Disability’s Listing of Impairments manual for the condition known as Fibromyalgia, also known as fibromyositis and Myofacial Pain Syndrome (the disability listings, of course, provide the approval criteria for a number of different impairments ranging from amputations to seizure disorder). However, California placed fibromyalgia on the list of qualifying disabilities in 2010.
Many claimants with fibromyalgia apply for disability, and many go on to win their cases. For this reason, the fibromyalgia disability claimant who’s been denied should not give up on their case. Instead, they should pursue their disability claim through the appeals process, keeping in mind how the Social Security Administration views this particular impairment.
Exactly how does Social Security Disability view Fibromyalgia?
As with all disability claims, after a person files at the Social Security Office, their case is transferred to DDS (Disability Determination Services), the agency responsible for making decisions on Disability cases.
When a case arrives at DDS, it is assigned to a specialist, or Examiner, who orders medical records and uses these records to make a determination. In other words, approve a disability claim, or deny it.
Unfortunately, when an Examiner receives a case in which the only allegation (reason for disability) is Fibromyalgia, the outlook for approval is not good. In fact, Social Security Disability will generally give little weight to such a claim unless another condition is involved, such as arthritis or degenerative disc disease.
Why is this? Part of the problem has to do with the nature of Fibromyalgia itself. Fibromyalgia is an impairment whose causes are not fully understood. And though it may be a legitimate disability in and of itself, because its symptoms and speculated causes vary so much from one person to the next, disability Examiners are never sure how to classify such cases. Therefore, it helps a social security case considerably if a Fibromyalgia diagnosis has been made in conjunction with another diagnosis, preferably one of a musculoskeletal nature.
For example, if a claimant makes a disability claim and the chief impairments are either Fibromyalgia and Rheumatoid Arthritis, or Fibromyalgia and Degenerative Disc Disease, the Fibromyalgia allegation will automatically carry more weight. This is because, in such cases, Fibromyalgia will be seen as a logical and plausible extension to what are generally thought of as “more proven” impairments.
Additionally, and this is very significant, a Fibromyalgia diagnosis made by an Orthopedist or Rheumatologist will seem very logical to a disability Examiner and, as a result, will also strengthen a Social Security disability claim.
This is in direct contrast to situations where the Fibromyalgia diagnosis has been made by an Internist, or “family doctor”.
When a personal physician renders a Fibromyalgia diagnosis, without a corroborative diagnosis by a specialist, it has the appearance to a disability Examiner of a label that’s been used by a doctor…simply for lack of a better way to label a patient’s pain.
And, often, and unfortunately, this is exactly the case. Many times when family doctor’s are unable to find reasons for the pain their patients feel, they diagnose “Fibromyalgia” as the cause. Disability Examiners see this routinely in the records they review.
The effect this has is not helpful for a Social Security Disability case because it dilutes, in the eyes of the disability Examiner, the significance of this particular ailment.
Obviously, this is not the fault of the disability claimant who is suffering from Fibromyalgia and is struggling to get their case approved. But it is helpful to understand how the disability process works in this regard and to consider how Social Security Examiners sometimes view applications where this illness is alleged.
Special Needs Trust: Who, What, Why, and How
Tuesday, November 9, 2010
What is the function of a Special Needs Trust?
Special Needs Trusts (hereafter, SNT) are used primarily as a means of preserving a disabled person’s access to government-subsidized health care and SSI benefits. The SNT is a well-accepted estate planning technique that is logical - even essential - in our country’s health care system. Many people who do not qualify for Medicaid are left with serious financial burdens from health care costs. For example, if parents leave money directly to an adult disabled child, the gift, if large enough, will disqualify the child from SSI and so from Medicaid until the money is used up. This is where the special needs trust comes in. It allows a person with special needs to enjoy the benefits of property received from others without losing SSI and Medicaid.
To qualify for SSI and Medicaid (MediCal in California), a person’s monthly income usually must be no more than about $600 to $900, and the person must own less than $2,000 worth of liquid assets (bank accounts, securities, and the like) and many other types of property. Someone whose property is worth more than the limit is not eligible for benefits.
How does the SNT protect the disabled person’s benefits?
The beneficiary of a properly drafted special needs trust never has a legal claim to property in
the trust. This means that the money will not be counted as the beneficiary’s resource, and so it will not interfere with eligibility for benefits. The funds from the trust can be used the disabled person’s benefit for any good or service except food or shelter.
A special needs trust is an arrangement under which a person (called the “grantor” or “settlor”) places property in the hands of a manager (the “trustee”). Typically, the grantor of a special needs trust is also the trustee while he or she is alive and names one or more other persons to be successor trustees, to take over as trustee when the grantor dies or becomes incapacitated. All persons who serve as trustee are legally obligated to follow the terms of the trust document to use the property for the benefit of the disabled person identified in the trust document (the “beneficiary”).
What are the basic characteristics of the SNT?
1. The trust document gives the person serving as trustee absolute control over when and how the trust property is spent, as long as it is spent for the sole benefit of the beneficiary, and
2. The trust document expressly states that the grantor intends for the property in the trust to supplement, but not replace, the basic benefits and services provided by SSI and Medicaid.
By including these two provisions in the trust document, we ensure that SSI and Medicaid will not treat the property in the trust as a resource of the beneficiary.
How can SNT assets be used?
An SSI grant is intended to provide only food and shelter. Expenditures for anything else are
supplementary and do not affect the beneficiary’s eligibility for a full SSI payment. Generally, trust funds are used for services (hiring a personal attendant, for example) or experiences (travel, for example) rather than to buy items of property. That is because a beneficiary who owns too much valuable property will go over the resource limit and become ineligible for SSI and Medicaid. A trustee who used trust funds for a vacation home would not be doing the disabled person a favor — it would result in termination of public benefits. That is directly contrary to the express terms of the trust; therefore, such a purchase is not authorized.
How can SNT assets NOT be used?
A trustee sometimes may desire to use trust funds for items classified as food and shelter. In some cases, buying these items with trust money is perfectly fine. For example, the SSI program does not pretend to provide adequate assistance for special dietary needs. So if a beneficiary needs unusually pricey food or nutritional supplements, this extra cost can often be met from the special needs trust without affecting the SSI grant.
Shelter is a special case. Special needs trusts commonly allow the person serving as trustee to pay for rent or any other basic need that the trustee deems necessary for the beneficiary’s health and welfare under the circumstances if it isn’t already being met by SSI or Medicaid, and if it doesn’t make the beneficiary ineligible for those benefits altogether.
How and when is the SNT terminated?
The special needs trust ends when it is no longer needed — commonly, at the beneficiary’s death. There are four reasons to end a special needs trust:
• Trust funds are depleted.
• The beneficiary no longer needs government benefits.
• The beneficiary is no longer eligible for government benefits.
• The beneficiary dies.
(This information adapted from nolo.com and Advising the Elderly or Disabled Client, 2nd Ed., Lawrence A. Frolik and Melissa C. Brown.)
OUR MISSION STATEMENT - FARRELL, FRAULOB & BROWN
Friday, October 29, 2010
OUR MISSION STATEMENT
At Farrell, Fraulob & Brown, our mission is to take a genuine interest in our clients, understand their objectives, and make every effort to meet or exceed their expectations. We work harder than other law firms, and for this reason we are the best.
We dedicate ourselves to these values:
For our clients, we will work hard to provide superior legal services timely, effectively, and efficiently. We will maintain the highest standards of professional integrity. We will give our clients the information they need to form realistic expectations. We will help each client understand the process, likely outcome, and law pertaining to his or her case. We will strive to be transparent and forthcoming with relevant information. When you hire Farrell, Fraulob & Brown, you are not getting just one attorney but an entire team of dedicated professionals.
For our firm, we will foster an enjoyable working environment, based on open communication and mutual respect. We will encourage initiative, innovation, teamwork, and loyalty. We will strive to recognize and reward excellent performance.
Because we too are members of this community, we will continue our long tradition of service, civic involvement, and leadership, always reaching out to members of the community who are underserved.
The Durable Power of Attorney for Asset Management (DPOA): 13 Lucky Questions Answered
Thursday, October 14, 2010
An essential part of any complete estate plan, whether it is for a very large or very small estate, is a Durable Power of Attorney.
The following are 13 commonly asked questions and brief answers about Durable Powers of Attorney, or DPOA for short. They are also called Powers of Attorney for Asset Management, to differentiate from powers of attorney for health care (previous FFBLaw post). For more information, please feel free to call Farrell, Fraulob & Brown at (916) 442-5835, and one of our estate planning attorneys will be happy to discuss your questions and concerns.
This post is adapted with acknowledgement and thanks to Consumer Affairs. You may access their article by clicking here:
http://www.consumera … sumerism/POA_4.htm#1
1) How is a “durable” POA different from other kinds?
A “durable” power of attorney (DPOA) gives your agent broad powers and remains in force even if you become incapacitated. A “general” or “regular” POA can contain many powers, but expires if you become disabled. Special or limited POAs are most often used in a specific situation. Say your mother, who’s too old for the Magic Kingdom, wants to sell her Orlando home and move to an oceanfront condo. You are co-owner of the house, but can’t attend the closing. Cousin Chad in Fort Lauderdale, via a POA, can sign papers on your behalf.
2) When should I make a durable POA?
D.C. attorney Cindy Lynn Wofford of Ravdin & Wofford, P.C. who specializes in estate planning, points out that “It’s never too early for an adult to execute a health care power of attorney. Accidents and serious illness can happen at any age.” Married people assume that their spouse can handle things, but even if you and your spouse own assets jointly, he or she won’t have power over anything that belongs to you alone, so it’s important to make your spouse your agent.
3) Who’s entitled to rely on my durable POA?
For your financial POA, banks, brokerage firms, credit card companies, and anyone else you regularly carry on business with should get a copy. One warning: most banks and other financial institutions have their own DPOA forms, and may be wary of a “generic” one, so ask if yours will be honored. Give copies of your health-care DPOA to your doctor, your agent and close family members. “Don’t just put it in a drawer,” warns Mercer Univ. Law Professor Adam Milani, “you want the hospital or other treatment center to know about and honor your DPOA.”
4) How does my agent assume power?
You decide — it can be effective immediately or in the future. Suppose you state that your attorney-in-fact will step in if you become “incapacitated.” You can name two doctors who must agree that you are no longer capable. This is sometimes called a “springing” or “contingent” POA. A doctor or your attorney-in-fact can make this decision. Obviously, he or she must be someone you know well and trust.
5) What are some important powers to include in my financial DPOA?
Any powers authorized by your state law that you think will be needed to handle your personal or business finances. Two powers often overlooked are 1) the power to deal with the IRS and 2) the power to give gifts, which could reduce taxes on a substantial estate.
6) Is one DPOA good for the rest of my life?
Technically, it’s good until death unless revoked. Review your document every five years or so to make sure your needs and wishes are still the same. If you have a major life change, such as divorce, remarriage, or a move to another state, think about revising it.
7) What are some “human” problems associated with these pieces of paper?
Few people enjoy being out of control at any age. So if an older friend or relative who’s still functional signs a POA, he or she may keep a hawk eye on things. Attorney Cindy Lynn Wofford recalls a case in which an elderly man lived alone is a state far from his son. The man was gave his son permission to sign checks on only one account, although he had several. “So if Dad went into a nursing home,” said Wofford, ” when the checking account ran out of money, the son would have no choice but to apply for a conservatorship.” Wofford advises that to prevent suspicion or misunderstanding, “keep [the principal] in the loop, even if it means repeating information over and over.”
8) What changes can I make after signing a POA?
Most state laws let a capable principal substitute agents or revoke POA. If you do revoke a POA, notify all interested third parties immediately. Unless someone knows about the revocation, he can rely on the POA.
9) Does an attorney-in-fact get paid?
That depends on who you name and how complex your affairs will be. If your attorney-in-factis a close relative, he or she won’t normally be paid. But you can decide to pay them.
10) Can I appoint more than one person as my attorney-in-fact?
You can appoint one person (naming another as successor if the first can’t serve), or name several people to act as co-attorneys. Sometimes this is a good idea, notes attorney Andrew Hook if several adult children are responsible and willing to serve. “I frequently recommend that the client appoint multiple agents. The participation of more than one child in decision making seems to reduce the number of disputes. It also provides a safeguard against abuse… by having multiple parties involved in reviewing records and transactions,” said Hook. If you appoint more than one person at a time, specify whether the co-agents can act independently or must act together. Also state how you’d like disputes resolved.
11) Is my attorney-in-fact liable for mistakes?
An attorney-in-factis expected to do whatever is reasonable to run your personal or business affairs.
Sandra Foster, president of the Carat Connect, a Toronto financial services company, points out that “your agent need only act in what they BELIEVE is your best interests - not do exactly what you would do.” Foster advises anticipating situations and discussing them with your agent. You can limit liability to “willful misconduct or gross negligence”, which implies intentional or dishonest acts. And a substitute agent isn’t responsible for mistakes made before he took over.
12) Is there anyone who SHOULDN’T have a durable power of attorney?
Yes. If your list of friends and relatives contains no one trustworthy enough or emotionally tough enough to make health-related or financial decisions, you may want a court-appointed conservator or guardian. While appointing a conservator may be a hassle, it assures that someone is watching the checking accounts. If you don’t have a DPOA, you may want to place some assets in a living trust, especially if property to be transferred includes real estate. Consult your lawyer.
13) I found a great form book at the library. Why not just fill in the blanks?
A form might work if compatible with your state laws and properly executed, but that can be a trap as well as a bonus. No two lives are identical, and one size rarely fits all (as Cinderella’s stepsisters found while trying to squeeze outsized feet into a glass slipper.) Give thought and discussion to your POA before signing. Consulting a professional can make the difference between a plan that smoothes the rest of your life and one that turns it into a bad episode of “The Practice.”
Please call us at (916) 442-5835 today to discuss your durable power of attorney for asset management. You’ll be glad you did.
Health Care Power of Attorney: No Better Time Than Now
Monday, October 4, 2010
Powers of attorney take two general forms: health care and asset management. In this post I will discuss the power of attorney for health care (health care POA).
What Is a Health Care POA?
A person is entitled to maintain control of his or her end-of-life health care, even after losing mental capacity to do so. This is accomplished by executing a valid health care POA while the person is of sound mind.
The health care POA grants decision-making power to a trusted agent regarding hospitalization, life-saving treatments, resuscitation attempts, and disposition arrangements (i.e. whether the remains will be buried or cremated after death).
Who Is Who?
The person granting power is the grantor or principal, while the person being given the power is the agent.
What Are the Advantages of Executing a Health Care POA?
There are at least four reasons to execute a health care POA.
1. Maintain control over end-of-life issues
Your wishes for how to spend the final days and weeks of life may be different from the wishes of those who love you and believe they know you best. Your health care POA speaks when you no longer are able, because, once signed, notarized, and witnessed, it becomes a binding document that attests to your desires. It must be followed. Some people are concerned that health care providers disregard even validly executed, clearly written POA documents. To avoid this problem, give your primary doctor and the local emergency room a copy of it.
2. Minimize stress and confusion
Emotions are especially charged among loved ones during the final days and weeks of life. Unfortunately, one of the sources of stress for many families is their lack of knowledge of the desires of the dying family member. If those desires are clearly stated and communicated through a valid health care POA, much of the confusion and stress can be avoided. Again, just as you ought to share this document with your doctor, you should give a copy to your agent(s) and other trusted family members for their information. The time for questions about what it contains is now, not after you have lost the ability to express your wishes.
3. Enjoy peace of mind for yourself and loved ones
Having a valid health care POA can be a source of comfort for you, as well as for the person(s) to whom you are giving power to make decisions on your behalf. Knowledge of your desires regarding end-of-life care is a powerful antidote to fear and apprehension.
4. Avoid court-supervised conservatorship/guardianship process
Perhaps the biggest reason to execute a health care POA now is to avoid the court-supervised conservatorship process. In other states, it is also called a guardianship. The court oversees a petition process and ultimately grants a person authority to make decisions on behalf of an incapacitated person. The process is lengthy, complicated and expensive, and it creates a mountain of paperwork. It often ends after the death of the person needing conservatorship, making the process nearly worthless. This nightmare is easily avoided if a person creates a valid health care POA while he or she has mental capacity.
What is mental capacity?
When attorneys and physicians speak of mental capacity, they refer to a person’s ability to think and process information rationally, such that he or she is able to comprehend information and appreciate the effects of his or her decisions. Capacity does not necessarily have to be constant and unwavering; there are instances where a person’s capacity comes and goes. It becomes apparent, therefore, how a person might be abused.
Certain safeguards have been built into valid health care POA documents. First, they must be signed and dated by the person giving power-of-attorney. Second, they must be signed in the presence of two adult witnesses who attest to the mental capacity of the principal. Finally, they must be notarized and stamped with an official notary seal.
Can I have more than one agent?
It is possible–in fact, common–to grant power-of-attorney to more than one person. They act together as co-agents. It is also possible (and recommended) to name a successor or two in the event the first chosen person is unwilling or unable to act.
For more information
Please call (916) 442-5835 to discuss powers of attorney in more detail, and to have one drawn up for you today.
HIPAA - What does it mean?
Thursday, September 23, 2010
In this day of access to a vast wealth of information through the Internet, it is concerning to some that personal privacy may not always be protected.
This issue comes up in workers’ compensation cases regularly, when insurance companies and attorneys request access to information contained in an injured worker’s medical records.
It arises in Social Security Disability cases, because proof of the applicant’s or claimant’s disability must come from medical records spanning often the majority of a person’s lifetime.
In estate planning, access to medical and health records becomes an issue when one decides it is appropriate to give powers of attorney to another person to oversee one’s end-of-life healthcare needs.
In the United States, a series of laws have been enacted to help secure and protect the privacy interests of people seeking healthcare. One such law is the Health Insurance Portability and Accountability Act, or “HIPAA”, which was passed by Congress in 1996. Some of the most relevant portions of the law are explained as follows, courtesy of the US Department of Health and Human Services (HHS) website www.hhs.gov.
Who Must Follow These Laws
We call the entities that must follow the HIPAA regulations covered entities.
Covered entities include:
Health Plans, including health insurance companies, HMOs, company health plans, and certain government programs that pay for health care, such as Medicare and Medicaid.
Most Health Care Providers—those that conduct certain business electronically, such as electronically billing your health insurance—including most doctors, clinics, hospitals, psychologists, chiropractors, nursing homes, pharmacies, and dentists.
Health Care Clearinghouses—entities that process nonstandard health information they receive from another entity into a standard (i.e., standard electronic format or data content), or vice versa.
What Information Is Protected
Information your doctors, nurses, and other health care providers put in your medical record
Conversations your doctor has about your care or treatment with nurses and others
Information about you in your health insurer’s computer system
Billing information about you at your clinic
Most other health information about you held by those who must follow these laws
How Is This Information Protected
Covered entities must put in place safeguards to protect your health information.
Covered entities must reasonably limit uses and disclosures to the minimum necessary to accomplish their intended purpose.
Covered entities must have contracts in place with their contractors and others ensuring that they use and disclose your health information properly and safeguard it appropriately.
Covered entities must have procedures in place to limit who can view and access your health information as well as implement training programs for employees about how to protect your health information.
What Rights Does The Privacy Rule Give Me Over My Health Information
Health Insurers and Providers who are covered entities must comply with your right to:
*Ask to see and get a copy of your health records
*Have corrections added to your health information
*Receive a notice that tells you how your health information may be used and shared
*Decide if you want to give your permission before your health information can be used or shared for certain purposes, such as for marketing
*Get a report on when and why your health information was shared for certain purposes
If you believe your rights are being denied or your health information isn’t being protected, you can
File a complaint with your provider or health insurer
File a complaint with the U.S. Government
You should get to know these important rights, which help you protect your health information.
You can ask your provider or health insurer questions about your rights.
http://www.hhs.gov/o … consumers/index.html
You can learn more about HIPAA in a pdf publication from the HHS, accessible here:
The Federal Estate Tax: Past, Present & Future
Tuesday, August 31, 2010
As announced on FF&B’s Facebook page, we are once again offering a full line of estate planning tools.
http://www.facebook. … 6704932708353?ref=ts
2010 is a special year for estate planning attorneys and those interested in creating trusts and wills, because Congress must decide whether to keep the repeal of the estate tax (also affectionately called the death tax) created in 2001. Read on.
The following information is from http://www.ca-trusts.com/repeal.html
The federal estate tax has been repealed as part of a 10-year bill that steadily increased the exclusion from the tax, and then repealed the tax in its tenth year. Whether it will stay repealed is up to the U.S. Senate, which is expected to consider a House bill that was passed last year. That bill will permanently extend the $3.5 million exclusion.
The bill, H.R. 4154, will exempt estates of less than $3.5 million from the estate tax on a permanent basis. It is the same exemption that we have had for 2009, and about 99.5 percent of the estates in the U.S. are no longer subject to the tax under the $3.5 million exemption. For larger estates, an A-B trust can double the exemption to $7 million.
Other Provisions of the House Bill: The current tax rate of 45 percent will remain in place, instead of increasing to 55 percent in 2011. This tax rate applies only to estates greater than $3.5 million for unmarried decedents, and estates greater than $7 million for married decedents who have tax planning.
The new carryover basis rules that are planned to go into effect on Jan. 1, 2010, will be repealed. Also known as a step-up basis, these rules have been in effect for many years and have saved taxpayers a fortune in capital gains taxes. The law that was passed in 2001 put substantial limits on the amount of step-up that could be used after 2010. The law was also unclear about how the reduction in the step-up was to be applied in larger estates.
The following is an explanation of former estate tax law:
Under current estate tax law, the exemption amounts will be increased until 2010 as shown in the table below:
Year of Death
Exemption Amount
2002 $1,000,000
2003 $1,000,000
2004 $1,500,000
2005 $1,500,000
2006 $2,000,000
2007 $2,000,000
2008 $2,000,000
2009 $3,500,000
2010 Repealed
2011 $1,000,000
Before the 2001 tax bill was enacted, estate tax rates ranged from 37 percent to 55 percent, and some estates paid a higher percentage. The current tax rate is 45 percent, which is still among the highest tax rates in this country. (For comparison purposes, the highest income tax rate for individuals is 35 percent.) The rates included in the 2001 bill are as follows:
Year of Death
Maximum Tax Rate
2002 50 %
2003 49 %
2004 48 %
2005 47 %
2006 46 %
2007 45 %
2008 45 %
2009 45 %
2010 0 %
2011 55 %
The gift tax will not be repealed. Although the estate tax is being repealed, the gift tax will not be repealed. A new $1,000,000 lifetime exclusion from the gift tax will be allowed per person (starting in 2002), and the tax rate will be the same as the highest income tax rate in effect at the time the gift is made. In 2010, assuming that the estate tax is repealed at that time, the gift tax will be 35 percent. Why wasn’t the gift tax repealed along with the estate tax? Congress is well aware that estate planners would welcome an opportunity to shift assets from older to younger generations if there was no gift tax.
Depending on the size of the estate, not all appreciated assets will get a new basis at death, starting when the estate tax is repealed in 2010. Currently, assets owned by a decedent are appraised at death, and the basis changed to the new appraised value. For example, if someone bought a house for $50,000 many years ago (and has not made any improvements to it, or depreciated it), the basis for capital gains purposes is $50,000. But if the owner dies, the basis is stepped up to the fair market value of the property as of the date of death. If the appraisal shows that the fair market value is $2,000,000, for example, that becomes the new basis under current law. Under current law, the decedent’s children could inherit the property, sell it for $2,000,000, and pay no capital gains taxes.
As of 2010, that step-up in basis would be eliminated, except that $1,300,000 in transfers to beneficiaries (other than a spouse) would receive a step-up in basis, and $4,300,000 in transfers to the decedent’s spouse would receive a step-up in basis. Transfers in excess of these amounts would have a carry-over basis.
Courtesy of Law Office of Stephen C. Gruber (http://www.ca-trusts.com/
Medical Provider Network (MPN) List
Below please find links to many of the Medical Provider Networks (MPNs) available online. For a workers’ compensation case, select the MPN you were provided when your claims adjuster contacted you. Or, if the adjuster has not informed you of the appropriate MPN, contact the adjuster directly for this information. Then search any of these lists for a provider near you.
Anthem
https://directories. … user=mem&netid=bccwc
Blue Cross Blue Shield
http://provider.bcbs.com/
Broadspire
http://www.broadspireppo.com/
Care West
http://statusmedical.com/carewest/
Chartis (AIG)
http://www.talispoint.com/aig/com/
Cigna
http://cigna.benefit … et/cigna/docdir.aspx
Comp Partners
http://comppartners.com/ppo.html
CNA
http://www.talispoint.com/cna/campn/
Corvel
http://www.corvel.com/California/
Dept. of Industrial Relations – Division of Workers’ Compensation
http://www.dir.ca.go … /ListApprovedMPN.pdf
EIA
http://www.eiampn.csac-eia.org/
Farmers Insurance
http://talispoint.com/farmers/com/
FirstHealth
http://www.geoaccess … mstat=M&plancode=120
Golden State Physicians
http://www.mpnfinder.com/
ICW Group / Medex
http://www.talispoint.com/medex/icw/
Intracorp
http://talispoint.com/intracorp/
Liberty Mutual
http://www-sg.talisp … DQ5T-72989-30884.txt
Los Angeles County
[url/http://ceo.lacounty.gov/mpn/mpn_default.htm[/url]
Pacific Comp
http://www.pacificco … ProviderNetwork.aspx
Private Healthcare Systems
http://www.phcs.com/
Professional Dynamics
http://www.professio … dynamics.com/MPN.php
SafeCo Insurance
http://www.talispoint.com/srtw/campn/
Seabright
http://www.geoaccess … any=1&client_ID=SBIC
Specialty Risk Services (SRS)
http://talispoint.com/srs/
State Compensation Insurance Fund (SCIF)
http://www.statefund … m/MPN/MPNsearch.html
Travelers
http://www.travelers … s/californiampn.aspx
The Zenith
http://www.zenithnat … dr/ca/page31679.html
The Zenith (alternate location)
http://www.talispoin … com/zenith/external/
US HealthWorks
http://www.ushealthw … com/CA-Networks.html
WellComp
http://www.wellcomp.net/
Who Is Spying on Me? Tips About Sub-Rosa Surveillance
Wednesday, August 11, 2010
Workers’ Compensation insurance companies engage in various practices to reduce their indemnity to injured workers. One of their tactics is to try to catch the injured worker in the act of doing something that they supposedly should not be doing with the injury they claim to have suffered on the job. A classic example: Joe the plumber is receiving temporary disability payments and medical treatment, as well as taking time off work, because he has two herniated disks in his lumbar spine. Pretty common injury. Two months after the injury, the insurance company suspects Joe might not be as hurt as he claims; i.e. they suspect Joe is committing insurance fraud.
The insurance company can hire a private investigator (P.I.) to snoop on Joe while he is at home, the grocery store, driving his car, or anywhere else a telephoto lens or a video recorder with a strong zoom will reach. The footage captured on film is called “Sub-Rosa”, which is Latin for “under the rose.” The rose has historically signified secrecy and privacy (do a quick Google search and you’ll find plenty of historical vignettes). Nowadays, the term “Sub-Rosa” has been applied to the work of spies and snoops, particularly P.I.’s who are seeking evidence of insurance fraud.
The P.I. can even interview Joe’s neighbors, take statements from his friends, and otherwise invade in Joe’s privacy. About the only thing the P.I. cannot do is speak to Joe directly if he is represented by an attorney.
This post is intended to warn injured workers with pending claims about the “etiquette”, for lack of a better term, with respect to Sub-Rosa surveillance.
Do Not Be Alarmed
The following link will direct you to an article by a P.I. company offering advice to the insurance companies:
http://www.insurance … ontent&do_pdf=1&id=5
In the article, the author says: “Investigations are critical to evaluating the validity of a worker’s compensation claim. Videotape, photograph, or eyewitness testimony provides valuable evidence to support or impeach a claimant’s testimony.”
Do not be alarmed if you receive a notice that your trip to the Citrus Heights Safeway or the South Sacramento/ Elk Grove Costco was videotaped. If you are represented, the insurance company must send the P.I.’s footage/photos/report to your attorney. It must meet certain evidentiary requirements if it will be admissible against you. The judge determines whether to allow the evidence.
“I’m Not Dead!”
From the same article mentioned above: “…[I]nvestigators typically spend 8-10 hours a day on a given Sub Rosa investigation. Investigators arrive early in the morning to determine if the claimant appears to be working at home or employed by a third party. If the claimant is inactive for an extended period of time, surveillance may be discontinued until the afternoon or another day. However, if the claimant is active, the investigator remains in observance until activity ceases or darkness prohibits further documentation.”
You may get the sense that Big Brother is watching you. Usually, however, if the P.I. is doing his/her job correctly, you will not realize you are under surveillance. After you receive the footage and have the opportunity to review it, you will likely be furious that they have invaded your privacy in this way. The footage will probably show you getting into and out of your car, carrying grocery bags, or doing other normal daily activities.
Some clients ask if this footage will hurt their cases. The answer is usually no. Judges recognize that you are not dead; you have to go on living your life as normally as possible. Even after a fairly significant injury, you still can probably do many normal daily activities, though with great pain or discomfort. However, it may hurt you if your skydiving or water skiing adventure was recorded.
Remember This
Employers are well equipped with information and funds to try to deprive injured workers of benefits. For example, see this article giving tips on how to discredit the injured worker’s claim:
http://www.2mypi.com … %20Investigation.pdf
Remember that the workers’ compensation system is a no-fault system. This means that if you were injured on the job, your injury is presumed to be covered by the employer’s insurance unless and until the employer proves otherwise. Sub-Rosa surveillance is a tool they use to prove you are not hurt as you claim.
If you need advice, please contact a competent workers’ compensation attorney.
The Working Family Estate Plan
Thursday, June 17, 2010
THE WORKING FAMILY ESTATE PLAN
Who Needs An Estate Plan? Why Should I Do It Now?
Many people believe estate plans—which include wills, trusts, powers of attorney, and so on—are only for the rich. This is simply not true. There are several reasons why you need an estate plan, regardless of your income or your net worth.
ESTATE PLANNING HELPS AVOID PROBATE
If you could imagine the worst possible legacy to leave your spouse, children and grandchildren after your death, it would invariably include the court system. Most people who have ever stepped into a courthouse come away less enthusiastic about returning there: they find the process slow, cumbersome, and frustrating. One major reason to get your estate plan in place now is to avoid a court-supervised process known as probate.
The Probate Process
An estate must be probated when a person dies leaving more than $100,000 in probatable assets, which include any property—real or personal—that have not already been devised. This means that the property stays in the decedent’s name after death with no named beneficiary. One asset that usually does not go through probate, because a beneficiary is already named, is life insurance. However, most property—think of your house, cars, bank accounts, the heirloom china set—is in your possession, and you hold legal title to it. The court will be left to oversee the distribution of your assets and paying off any debts of the estate. It is costly, burdensome, and lengthy—usually thousands of dollars, and months, or even years, in court.
How to Avoid Probate
By executing a last will and testament (will for short), you can leave your property to the person or persons you choose. However, this is not enough to avoid probate. Essentially, your wishes are made known through your will, but another step is required to keep your matters out of court. What you need is a trust, which is a modern invention of the law that creates a fictitious “person” that holds your assets because you put them there. It doesn’t change your ability to buy and sell, trade or make income off your property, it merely transfers ownership from you as a person to you as Trustee of your living trust. It’s a clever way of ensuring that after you die, a “living” entity—the trust—owns your property and thus can avoid probate, because technically, you are not the owner of your property – your trust is.
How It Works
You create a trust, and then you create a deed that transfers your house into the trust. You notify the bank that your accounts should be held by the trust. You keep living in the house and paying bills with your bank accounts, but the trust owns your assets and you are the “operator” (Trustee) of the trust. Then, when you die, your house and bank accounts (and any other property you put into the trust) pass to your beneficiaries without court involvement, if your trust is set up correctly.
Call Us
There is a bit more to it than this, so please call (916) 442-5835 to set up a phone appointment with an attorney at Farrell, Fraulob & Brown. We will be happy to answer your questions.
ESTATE PLANNING HELPS YOUR LOVED ONES CARE FOR YOU
More and more people are falling victim to Alzheimer’s disease and dementia, which prevent millions of Americans from making decisions regarding their own lives, property, and health. Please see some startling statistics from the Alzheimer’s Association website:
http://www.alz.org/alzheimers_disease_facts_figures.asp
Power of Attorney for Health Care
Having an estate plan in place now is the only way to ensure that your loved ones are not guessing as to your wishes for your health care, your assets, funeral and burial/cremation arrangements, and other important decisions. Advance health care directives, also known as Powers of Attorney for Health Care, put decision-making power into the hands of someone you trust (the agent) in the event you can no longer act for yourself. These documents can be written to give immediate power to the agent, or the powers lie dormant until you choose to hand over the power or a doctor determines you cannot act for yourself. In addition, a living will gives you the ability to decide what kind of medical procedures you wish to be given to save your life. Please call (916) 442-5835 to discuss the details with one of our attorneys.
Power of Attorney for Asset Management
In addition to health care planning and decision-making, think of the financial decisions that need to be made. A Power of Attorney for Asset Management gives power to someone you trust, to make decisions regarding your property in the event you cannot act for yourself. Keep in mind that these powers are effective only while you are alive but cannot act due to your incapacity, or if you voluntarily relinquish your powers. The Power of Attorney can be held by the same person who will act as your Trustee. Call (916) 442-5835 to see if this document is right for your estate plan.
AN ESTATE PLAN GIVES YOU PEACE OF MIND
Your estate plan will contain the necessary provisions for your end-of-life care, how your property will be divided, and who will act for you should you lose the ability to do so. Making these decisions now will give you great peace of mind, because you can rest easy knowing that whatever happens, you are prepared.
AN ESTATE PLAN KEEPS PEACE AMONG YOUR LOVED ONES
How many times have you heard about fights erupting in otherwise peaceful families after Mom or Dad passes away? It is sad but true: when a loved one dies without having made his or her wishes known, the survivors can act irrationally, and conflicts arise. Emotions run high for those who are grieving a loss. But when estate planning documents are in place, much of the confusion and disagreement is replaced with order, structure, and harmony. Do yourself and your loved ones a favor, and get prepared.
Prepare Now
The time to act is now. Call Farrell, Fraulob & Brown at (916) 442-5835 today to speak with an attorney about your working family estate plan. You’ll be glad you did.
Discrimination NOT Allowed in Determining Permanent Disability Awards
Friday, May 28, 2010
Lois Vaira, one of Melissa Brown’s workers’ compensation clients, broke her back in 2003. She then discovered she had osteoporosis, but it was found that her back injury was work-related. However, the Workers’ Compensation Appeals Board (WCAB) awarded her much less permanent disability because of her osteoporosis.
Melissa Brown successfully argued before the Court of Appeal that such treatment was age discrimination, because osteoporosis occurs more frequently in older people. Thus, it was inappropriate to consider the osteoporosis in determining Ms. Vaira’s permanent disability award.
Please paste this link into your browser for the story in the Sacramento Business Journal from March 14, 2008.
How to Choose the Best Workers’ Comp / Disability Lawyer for YOU
Thursday, May 20, 2010
When you are injured, it is even more difficult to keep your perspective about important decisions. One of the most important decisions you will need to make is whether to retain an attorney to represent you, and, if you so choose, which attorney to hire. Consider several factors when choosing a workers’ compensation or Social Security disability attorney: geography, competence/expertise in the field, reputation of the attorney and the firm, experience, track record of favorable decisions and awards, and attorney/staff accessibility.
GEOGRAPHY
What is meant here is the proximity of the attorney’s office to your place of residence or where you spend most of your daytime hours. Keep in mind that it won’t be necessary for you to go to the attorney’s office very often; in fact, with email, telephone, fax, and regular mail, many clients find that they don’t need to visit the attorney’s office more than once or twice. It may have been more important in the past to choose a lawyer closer to home, but now you have greater flexibility to shop in a larger geographical area.
COMPETENCE AND EXPERTISE
At Farrell, Fraulob & Brown, our attorneys are recognized state- and nationwide for being some of the most competent and knowledgeable practitioners in the fields of workers’ compensation and Social Security disability law. Three of our attorneys hold special certification from the State Bar of California in worker’s compensation.
REPUTATION
What do other attorneys think of your lawyer? Getting a sense of your lawyer’s reputation may be the hardest part of choosing someone to represent you, because it requires that you know who to talk to. In most cases, people are in such dire straits that they don’t have time to research the best lawyer. Instead, they consult the yellow pages or conduct an Internet search. These searches yield little information about an attorney’s reputation among fellow lawyers - the people who have seen their peers in action and can speak to their skills, knowledge, competence, and ethics.
You are invited to see our firm’s Facebook page, where you will find links to many of the accolades our attorneys have received. Copy and paste this link into your browser to view the page:
http://www.facebook. … ts&ajaxpipe=1&__a=18
EXPERIENCE
The four attorneys at FF&B have over 100 years of combined experience. Donald Fraulob has been practicing for over 40 years and is our managing partner. He was admitted to practice before the Supreme Court of the United States in 1973. Melissa Brown was admitted to the Bar in 1983 and has extensive experience in workers’ compensation, Medicare / Medicaid / MediCal, Social Security, and Elder Law. She co-authored a complete reference guide on advising elderly and disabled clients. David Belden was admitted to practice in California in 1978 and has represented injured workers in their workers’ compensation cases for over 25 years. Christine Craft was admitted to the California Bar in 1995 and represents clients in their Social Security disability claims.
TRACK RECORD
You hire an attorney for one reason and one reason only: to get results you wouldn’t get if you were unrepresented. It doesn’t matter how well liked your attorney is if you don’t get the benefits to which you are entitled or a resolution you desire. And it doesn’t matter how many certificates, diplomas, or awards your lawyer has if he or she can’t deliver for you.
Ask your potential lawyer’s office about how many cases they have resolved to the clients’ favor during the past year. Treat the initial consultation (which many attorneys offer at no cost to you) with the attorney as a job interview; after all, you are considering a hiring decision. At Farrell, Fraulob & Brown, our attorneys win the hard cases. We take pride in going the extra mile, finding the “hidden” or lesser-known benefits, and not backing down from a fight to secure what is rightfully yours. As a result, over 90% of our Social Security disability cases end in a favorable decision to the client, meaning they collect the benefits they so greatly need. In workers’ compensation cases, our attorneys turn down settlements other attorneys would jump at, because they know how much more the case is worth. Put your future in competent, caring hands.
ACCESSIBILITY
Being injured or disabled is scary. Insurance companies, employers, and doctors can be intimidating. You need someone who understands your concerns and can provide useful information to reassure you. Your lawyer should take the time to listen to you when you make reasonable requests. At FF&B, our attorneys and their staff are courteous, friendly, and patient. We try to assist you in any way we can, but we also ask that you do the same. Together we can succeed!
Finding the right attorney can be challenging if you are looking for excellent representation. Take into account the items mentioned above to find the lawyer who is best for you.
Sprains and strains most common workplace injury
Tuesday, May 4, 2010
Sprains and strains, most often involving the back, accounted for 43 percent of the 1.3 million injuries and illnesses in private industry that required recuperation away from work beyond the day of the incident in 2003.
When sprains and strains, bruises and contusions, cuts and lacerations, and fractures are combined, they accounted for nearly two-thirds of the cases with days away from work.
Sprains and strains were the leading nature of injury or illness in every major industry sector in 2003, with 33 percent of these cases occurring in the trade, transportation, and utilities major industry sector and an additional 19 percent in the education and health services major industry sector.
The three occupations with the overall greatest number of injuries and illnesses were laborers and material movers; heavy and tractor-trailer truck drivers; and nursing aides, orderlies, and attendants. Laborers and material movers, and heavy and tractor-trailer truck drivers often suffered sprains and strains to the trunk or lower extremities, stemming from overexertion or contacts with objects or equipment. Nursing aides, orderlies, and attendants predominantly suffered sprains and strains to their trunk (typically their back), due to overexertion related to lifting or moving patients.
These data are from the Injuries, Illnesses, and Fatalities program. To learn more about workplace injuries and illnesses, see “Lost-Worktime Injuries and Illnesses: Characteristics and Resulting Days Away From Work, 2003” (PDF) (TXT), news release USDL 05-521. The 2000 Standard Occupational Classification (SOC) Manual is now used to classify workers by occupation. Prior to 2003, the survey used the Bureau of the Census occupational coding system. Substantial differences between these systems result in a break in series for occupation data. Users are advised against making comparisons between the 2003 data and the results from previous years.
From http://www.bls.gov/opub/ted/2005/mar/wk4/art05.htm
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