Blog: News & Insights

On September 3, 2014, Secretary of Defense Chuck Hagel issued supplemental guidance to the Correction of Military/Naval Records (BCM/NR) for veterans seeking discharge upgrades when the underlying misconduct may have a relationship to service-related Post Traumatic Stress Disorder (PTSD).  Service secretaries have been directed to implement the guidance within 45 days. A copy of the directive...

The NY TImes reported on August 31 that the American Medical Association (AMA) has created billing codes for doctors to use when they spend time with a patient discussing and explaining the options for medical treatment at the end of life. http://www.nytimes.com/2014/08/31/health/end-of-life-talks-may-finally-overcome-politics.html The billing codes have been submitted to the Centers for...

The federal Centers for Medicare and Medicaid Services (CMS) has recently published a terrific FAQs sheet (Frequently Asked Questions) to help people understand the interplay between Medicare and the Affordable Care Act (ACA). take a look at http://www.cms.gov/Medicare/Eligibility-and-Enrollment/Medicare-and-the-Marketplace/Downloads/Medicare-Marketplace_Master_FAQ_8-1-14.pdf Section 1882(d)...

Are you thinking about starting to collect your Social Security retirement benefits soon?  When the parent of an SSI recipient retires, there may be an opportunity for the child to apply for Social Security Disabled Adult Child Benefits (DAC) based on the earnings record of the parent. This can be highly beneficial because (1) the benefit may be higher than SSI, (2) the child can receive...

Since the Department of Veterans Affairs released the standardized Notice of Disagreement (VA Form 21-0958) in February 2013, hundreds of veterans have contacted me because they have been unable to download the form through the VA website at http://www.va.gov/vaforms/form_detail.asp?FormNo=21-0958.  In turn, I’ve been happy to provide the Notice of Disagreement form via email.  From my...

Over the years in my practice I have encountered many situations in which a discretionary trust was written into a Will to receive the inheritance of a person who had disabilities. Often the testator (person who was signing the Will) specifically wanted to protect the funds becuse they knew the person with disabilities relied on government programs like Medicaid or SSI. However, since the...

When an individual moves into a nursing home for long-term care, there are an array of admissions documents that get signed. These include everything from personal preferences information to insurance and financial disclosures, medical releases, selection of physicians etc. One of these documents contains the contract for payment for the services being rendered. Typically, the contract...

Recently, the VA announced an interim rule (effective August 4, 2014), and proposed final rule, which incorporates the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) criteria into Title 38.  More information about the changes can be found at...

I recently had the occasion to make a house call to meet with a client who had stopped working about 4 years ago in his early 50’s. He became gravely, permanently  ill and eventually needed to apply for Social Security Disability benefits, which were approved. He had to endure the two-year wait until he could receive Medicare. As he got caught up in the throes of his illness, with...

As you begin making your plans for retirement, don’t neglect to prepare or update your estate plan. Your plan may be decades-old, or maybe you never even signed any documents for a plan. It’s a good idea to start thinking about a variety of issues at this time. Here are some of them. It’s important to sign  a Durable Power of Attorney and Health Care proxy to designate the...