King & Wood, P.A.

Act Quickly to Protect an Estate

“When dealing with the emotional pain of the loss of a loved one, family members also have to address daunting administrative tasks.”

For most families, the process of estate administration or the probate of a will starts weeks after the death of a loved one.  However, before that time, there are certain steps that need to be taken immediately after death, according to a recent article “Protecting an estate requires swift action” from The Record-Courier. It is not always easy to keep a clear head and stay on top of these tasks but pushing them aside could lead to serious losses and possible liability.

The first step is to secure the deceased’s home, cars, and personal property. The residence needs to be locked to prevent unauthorized access. It may be wise to bring in a locksmith so that anyone who had been given keys in the past will not be able to go into the house. Cars should be parked inside garages and any personal property needs to be securely stored in the home. Nothing should be moved until the trust administration or probate has been completed. Access to the deceased’s digital assets and devices also need to be secured.

Mail needs to be collected and retrieved to prevent the risk of unauthorized removal of mail and identity theft. If there is no easy access to the mailbox, the post office needs to be notified, so mail can be forwarded to an authorized person’s address.

Estate planning documents need to be located and kept in a safe place. The person who has been named as the executor in the will needs to have those documents. If there are no estate planning documents or if they cannot be located, the family will need to work with an estate planning attorney. The estate may be subjected to a probate proceeding.

One of the responsibilities that most executors don’t know about, is that when a person dies, their will needs to be admitted to the court, regardless of whether they had trusts. If the deceased left a will, the executor or the person who has possession of the will must deliver it to the court clerk. Failing to do so could result in large civil liability.

At least five and as many as ten original death certificates should be obtained. The executor will need them when closing accounts. As soon as possible, banks, financial institutions, credit card companies, pension plans, insurance companies, and others need to be notified of the person’s passing. The Social Security Administration needs to be notified, so direct deposits are not sent to the person’s bank account. Depending on the timing of death, these deposits may need to be returned. The same is true if the deceased was a veteran—the Veteran’s Affairs (VA) needs to be notified. There may be funeral benefits or survivor benefits available.

It is necessary, even in a time of grief, to protect a loved one’s estate in a timely and thorough manner. Your estate planning attorney will be able to help through this process.

Reference: The Record-Courier (Oct. 17, 2020) “Protecting an estate requires swift action”

Naming an Advance Designee for Social Security

 

“Now you can actually have a voice in who is chosen, but you need to do it while you have capacity.”

For many years, people have had the right to designate an agent to handle a number of different legal, business and medical matters. That includes finances, medical decisions, wills and even funerals. What Americans have not been able to do until now, says the article “Social Security and you: New Advance Designation for Representative Payee” from The Dallas Morning News, is designate an agent to handle Social Security benefits.

As of April 6, 2020, the Social Security Administration announced that there is a new option that lets a recipient make an Advance Designation that names a person to serve as your “representative payee.” This is a really big deal, but it hasn’t received too many headlines.

Maybe that’s because under this law, anyone could apply to be a representative payee, receiving someone else’s Social Security payment and using it to pay the recipient’s living expenses. There’s a lot of room for abuse.

The best way forward? Make a decision and name a person while you have capacity. The Advance Designation option is only available to “capable” adults and emancipated minors who are applying for or receiving Social Security benefits, Supplemental Security Income (SSI) or Special Veterans Benefits.

A Social Security recipient can name as many as three people, who could serve as a representative payee if the need arises. There’s a lot of flexibility: you can withdraw your choices, change the order of the three people and name new people at any time. Just in case anyone forgets who they named, Social Security is going to send a notice each year, listing advance designees for review.

How will it work? When the SSA believes a person needs help managing benefits, they will contact the advance designees. The SSA reserves the right to discard your choices and make its own appointment.

How do you make the designation? Go online to the SSA website, especially now when phone, in-person and in writing are all either backlogged or not possible to do right now. After you’ve created and successfully logged into the mysocialsecurity website, you’ll see a box titled “Advance Designation of Representative Payee.” It will be towards the bottom of the page. You’ll need the name, phone number and a description of the relationship you have with the person.

Who should you name? The SSA prefers family members, friends or qualified organizations. Your choices should be made carefully. The people you name need to be trustworthy, good with finances, organized and have no prior felonies. They will need to be able to maintain good records and receipts and be available and responsive, if the SSA requests an audit or an in-person visit.

When should you do this? How about now? Like having a will and an estate plan, this is not something that you should put off. And as you are likely at home, there’s no reason not to!

Reference: The Dallas Morning News (April 19, 2020) “Social Security and you: New Advance Designation for Representative Payee”

Will Vets Get to Train Service Dogs to Help with Mental Health Issues?

 

“A bill introduced two months ago that would give veterans the opportunity to train service dogs to reduce the effects of mental health issues has yet to come to a vote, even though it should be a “no-brainer,” one of the Republican co-sponsors said Tuesday.” “It’s really simple: these service dogs can save lives, they can improve the veterans’ health, lower their incidence of mental health issues, reduce their amount of medication, give them their mobility back and give them their lives back,” Ohio Republican Representative Steve Stivers said at a news conference. Military Times’ recent article, “Should veterans be able to train and adopt service dogs at the VA’s expense?” says the bill has 136 co-sponsors, 45 Democrats and 91 Republicans. The grant program is devised to defray costs from veterinarian appointments, medical procedures, diagnostic tests and medications. The legislation was introduced in September to instruct the Department of Veterans Affairs to execute a pilot program on dog-training therapy, pairing veterans diagnosed with PTSD with service dogs and encouraging them to train the dogs themselves. When the program is concluded, the vets would be able to adopt their dogs to continue the therapy. Representative Michael Waltz, R-Fla., another co-sponsor of the bill and an Army veteran, questioned why the VA doesn’t cover the costs of getting and training a service dog. “This should be part of the menu of what the VA provides. […] The benefits are clear,” Waltz said. “Our veterans right now are finding [service dogs] through their own means or through wonderful veterans services.” Nonprofit organizations associated with providing and training the dogs would be responsible for the training cost and some of the food, while the dogs are being trained. Last summer, Joint Base San Antonio-Lackland announced that retired military working dogs are in search of families, homes and couches. According to the 2019 National Veteran Suicide Prevention Annual Report, more than 6,100 veterans died by suicide in 2017. That accounted for 14% of all deaths by suicide among adults. The report said almost 60% had been diagnosed with a mental health disorder or substance abuse. Reference: Military Times (November 19, 2019) “Should veterans be able to train and adopt service dogs at the VA’s expense?” 

What Should I Know About Getting Veterans’ Disability Benefits?

 

“Military personnel make many sacrifices to protect our country, sometimes giving their lives. Veterans often give up their good health, even after they return home.”

Individuals who have medical conditions from service are eligible for disability benefits. However, there are a number of myths that make many veterans reluctant to claim them. The process of receiving benefits is also lengthy, confusing and—at times—discouraging.

patch.com’s recent article, “What Every Vet Should Know About Receiving Disability Benefits,” tries to dispel the myths and explain five facts that every veteran should know about disability benefits.

1. Your Claim May Be Denied. Don’t assume because a claim was denied it has no merit, because local offices can reject up to 71% of their claims because of processing errors. Even without errors, denials are frequent. If your claim was unfairly denied, file a Notice of Disagreement Form and consider hiring an attorney.
2. You Can Claim Disability at Any Time. Many vets don't realize a condition was caused by their service, until years after the incident. Many vets also assume they won't require benefits, until their condition worsens. No matter how long ago they served, veterans are allowed to file a claim for disability provided they meet basic requirements. There’s often an issue in demonstrating a connection between a soldier's disability and his or her time in service, because the evidence can be harder to provide years afterwards.
3. Vets Only Have a Year to Dispute a Rating Claim. Unlike filling a claim itself, veterans have only a year to dispute a rating provided by Department of Veterans Affairs. The VA determines ratings by considering any evidence provided, along with required exams and federal data and information from other sources. Ratings for individuals with more than one condition are calculated using a combined ratings scale.
4. Some Vets Are Entitled to Presumptive Service Disabilities. The government has accepted presumptive service disabilities for many veterans who were in particular situations. Presumptive conditions are chronic medical conditions that the government recognizes were most likely due to service. Those who experienced imprisonment, the Vietnam War, the Gulf War and ionizing radiation may have a presumptive condition.
5. Additional Benefits. In addition to disability services, vets can also obtain other benefits, which can include federal hiring preference, health care and prescription costs, VA home loan waivers, job training and an increase in benefits for dependents. Other supplemental options can help vets find jobs, support their families and afford medicine.

Although the process of fighting for disability benefits can be discouraging, veterans deserve these benefits. They earned them and deserve compensation for their duty to their country.

Reference: patch.com (October 7, 2019) “What Every Vet Should Know About Receiving Disability Benefits’

Will Veterans Get a Cost-of-Living Increase?

“Veterans will see a cost-of-living increase in their benefits payouts later this year, but it likely won’t be as big as the last one they received.”

President Donald Trump recently signed into law the annual Veterans’ Compensation Cost-of-Living Adjustment Act. This measure guarantees that several veterans benefits will see the same annual boost as Social Security recipients.

The Military Times’ recent article asks the following: “Veterans benefits will see a cost-of-living bump this year, but how much?” According to the article, the veterans benefits covered include disability compensation, compensation for dependents, clothing allowances, and dependency and indemnity compensation checks.

The measure is typically merely a formality—it passed Congress again this year with no opposition. However, the bill is required annual work for lawmakers, because federal statute doesn’t link annual COLA increases for the two separate payouts.

Legislative efforts in recent years to make the increases automatic for veterans haven’t been successful.

Navy veteran Elaine Lauria, D-Va., sponsored the measure. She termed it an important way for lawmakers to honor their commitment to individuals who served honorably in the armed forces.

“Providing quality benefits to our veterans and their dependents can change lives,” she said.

The official cost-of-living boost for Social Security beneficiaries won’t be announced, until next month. However, multiple analysts have said they expect it to be below the 2.8% adjustment awarded last year.

The annual COLA calculation is based on a series of economic indicators. This includes the private sector wage growth.

In the last 10 years, Social Security recipients (and those getting veterans benefits) have had no annual increase three times. It has only gone above 2% twice in that time.

In many instances, lawmakers don’t finalize the link between the veterans’ cost-of-living increase and the Social Security one, until later in the fall after the figure has been announced.

However, due to the timing of check distribution and the federal calendar, the increases in veterans’ benefits will be seen in individuals’ December payouts.

Reference: Military Times (September 30, 2019) “Veterans benefits will see a cost-of-living bump this year, but how much?”

How Does a Federal Court Decision on The Department of Veterans Affairs Impact Vets?

“The Department of Veterans Affairs must reimburse veterans for emergency medical care at non-VA facilities, a federal appeals court ruled Monday—a decision that could be worth billions of dollars to veterans.”

The U.S. Court of Appeals for Veterans Claims said the VA has been wrongfully refusing to reimburse veterans, who sought emergency medical care at non-VA facilities, MSN reports in its recent article, “Court rules VA must pay veterans' ER bills, a decision that may be worth billions to vets.” The Court also struck down the VA regulation that blocked those payments.

"All of this is unacceptable," said the ruling, which ordered the VA secretary to "re-adjudicate these reimbursement claims."

Plaintiffs' attorneys say that, based on past estimates by the VA, the department is now responsible for between $1.8 billion and $6.5 billion in reimbursements to hundreds of thousands of veterans who’ve filed or will file claims between 2016 and 2025.

Former Coast Guardsman Amanda Wolfe, who is one of the plaintiffs in the case, told NBC News "I'm just overjoyed. I think it means change, it means that veterans don't have to be afraid of receiving care, emergency care. They can have that sense of security that sense of peace knowing they are covered if they have emergency care."

"I served side by side with some of these veterans who were impacted and to think that this is going to make a difference for them is what is most important to me."

In 2015, the court struck down a previous version of the internal VA rule that denied coverage for an emergency claim when another form of insurance covered, even a small portion of the bill. The court said the regulation violated a 2010 federal law.

The recent ruling held the department violated the same federal law with its revision of the reimbursement regulation. The Court said the new rule, issued last year, actually created another issue for vets, by forbidding the VA from reimbursing medical expenses for emergency services at non-VA facilities.

In 2016, Wolfe went to the ER because her appendix was about to burst. After a quick recovery, she figured she was okay because she had two kinds of insurance, a private plan she paid for and her VA benefits.

Wolfe’s private insurance covered most of the more than $20,000 bill for her hospital stay. However, six months later, the VA denied her claim for the remaining $2,500. This put her in an unexpected financial bind. She paid off the bill in 2017 but has been fighting for reimbursement ever since. This year, her case made it all the way to the Court of Appeals for Veterans Claims.

A VA's Inspector General released a report in August that found that in just one recent six-month period, the VA left roughly 17,400 veterans to pay out-of-pocket for $53 million in emergency medical treatment the government should have covered.

"The Court's decision rights a terrible injustice and its order ensures that veterans who were unjustly denied reimbursement for critical emergency treatment at non-VA facilities will finally be reimbursed," said Bart Stichman, executive director of the National Veterans Legal Services Program, which represented Wolfe in the case. "It is a hard-won victory for hundreds of thousands of veterans."

Reference: MSN (September 11, 2019) “Court rules VA must pay veterans' ER bills, a decision that may be worth billions to vets”

What Types of Senior Care is Available for Veterans?

“If you served the United States of America as a member of the armed services, you may be entitled to certain benefits that could make some aspects of getting older a little easier.”

The U.S. Department of Veterans Affairs offers some funding programs that can help offset the cost of some types of senior care.

U.S. News & World Report’s recent article, “Veteran Benefits for Assisted Living,” explains that many senior living companies try to help many veterans maximize their benefits, which in some cases can significantly reduce the cost of senior living.

Note that the VA won’t pay for a veteran’s rent in an assisted living facility. However, VA benefits may pay for some of the extra services required, like nursing assistance, help with bathing and toileting, and possibly meals.

There are a variety of benefits that may help, based on a vet’s specific service history and eligibility. The most commonly used benefits are the Aid & Attendance Pension. Another common benefit is the Survivor’s Pension for spouses of a deceased veteran with wartime service.

The VA’s Aid & Attendance and Housebound program is part of the pension benefits paid to veterans and survivors. The VA says these benefits are paid, in addition to monthly pension. A vet must satisfy one of the potential conditions, including:

• Requiring the aid of another person to perform personal functions, like bathing, dressing, eating, toileting, or staying safe from hazards;
• Being disabled and bedridden, above what would be thought of as recovery from a course of treatment, such as surgery;
• Being a patient in a nursing home due to physical or mental incapacity; and
• Having very poor eyesight (5/200 corrected visual acuity or less in both eyes) or a field of vision limited to five degrees or less.

Vets may qualify for these benefits, which are added to the standard monthly pension, when he or she is “substantially confined to your immediate premises because of permanent disability,” the VA says. Eligibility for the program is based on a case by case basis and involves a review by the VA.

It’s important to begin the application process early, rather than waiting for a crisis to occur. Ask an experienced estate planning or elder law attorney to help you and to discuss your options.

Reference: U.S. News & World Report (August 12, 2019) “Veteran Benefits for Assisted Living”

Why Are Veterans’ Medical Claims Being Denied?

“In one recent six-month period, the VA left 17,400 veterans to pay out of pocket for emergency medical care the government should have covered.”
When a former Coast Guardsman had to go to the emergency room because her appendix was about to burst in September 2016, she thought her insurance would take care of the cost. This veteran had two kinds of insurance, a private plan she paid for and her Veterans Affairs benefits.
NBC News’ recent article, “VA wrongfully denied $53 million in veterans' medical claims in one 6-month period, says report,” reports that the emergency appendectomy went well. The vet made a quick recovery. Her private insurance covered the lion’s share of the $20,000 bill for her hospital stay. However, six months later, the VA denied her claim for the remaining $2,500. This placed the vet in an unexpected financial bind.
She has been appealing ever since.
"It's one of those things where you thought that they would be there and they're not," the Coast Guard veteran explained. She also adopted her nephew soon after the surgery and has been watching her budget to care for him.
The vet believed that she was living in her own private insurance hell, until a report from the VA's Inspector General showed many issues in the way that the VA reimburses veterans for emergency care at non-VA facilities. In one recent six-month period, the VA left about 17,400 veterans to pay out-of-pocket for emergency medical treatment the federal government should have covered. The report said that between April 1 and Sept. 30, 2017, veterans who received emergency care at non-VA facilities had to pay $53.3 million in medical bills.
Members of Congress, including the chairs of the House and Senate Veterans Affairs Committees want answers.
"No veteran should be afraid to seek care in an emergency room," said Rep. Chris Pappas, D-N.H., who signed the letter. "Clearly the bureaucracy is favoring speed over accuracy, it's favoring efficiency over the health of our veterans. We've got to make sure that we're putting veterans first."
The Inspector General found that the office that processes emergency claims had been prioritizing speed over accuracy. This happened as workers were offered incentives, like overtime pay, for processing claims quickly and without concern for accuracy.
The report said that 31% of denied or rejected emergency care claims had been inappropriately processed.
Reference: NBC News (August 16, 2019) “VA wrongfully denied $53 million in veterans' medical claims in one 6-month period, says report”

How Will New Legislation Help New Jersey Veterans?

“As part of a concerted effort in the Legislature to assist the military men and women who have sacrificed and served our nation, two measures to help New Jersey veterans were signed into law on Monday.”

TAPinto.net’s recent article, “New Law Will Assist NJ Veterans with Housing, Legal Services” reports that one of the laws in the Garden State that’s designed to assist vets, is the Securing Electronic Records for Veterans Ease (SERVE) Act. This law will require landlords to count federal military or veteran housing allowances as income, when evaluating a prospective tenant who is a military service member or veteran.

“The benefit of this law is that it will help veterans secure rental housing,” said John Armato (D-Atlantic). “It is also beneficial to those military service members or veterans that are full-time students who often have limited or no income.”

“Our veterans have made so many sacrifices for our country,” said Assemblyman Vincent Mazzeo (D-Atlantic). “We should always look for ways to make their lives easier. They have earned and deserve such consideration.”

The second law modifies the current law for the New Jersey Homeless Veterans Grant Program. It directs the Adjutant General of the Department of Military and Veterans’ Affairs (funds permitting) to enter into contracts with public or private entities to fund some of the legal services that these entities provide to homeless veterans and veterans at risk of homelessness.

“New Jersey has between 1,500 and 2,000 homeless veterans,” said Armato, a U.S. Air Force veteran, who served in the Philippines Islands and Korea. “These statistics are unacceptable, and this law looks to correct such disturbing figures by helping these veterans get the services that they need and deserve.”

The Adjutant General would make certain that, to the extent practicable, contracts signed under this section are made with entities located in the northern, central, and southern regions of the state. The legal services would include legal services for the following:

• Housing issues, including eviction defense, representation in landlord-tenant cases and representation in foreclosure cases;
• Family law, including assistance in legal proceedings for child support, divorce, estate planning and family reconciliation;
• Income support including assistance in obtaining public benefits; and
• Criminal defense, including for matters symptomatic of homelessness, like outstanding warrants, fines and driver’s license revocation.

The bill also calls for helping vets with any other legal services, as the Adjutant General deems appropriate.

“Sadly, our veterans comprise some of the highest rates of unemployment, homelessness and suicide in our communities,” said Assemblyman Joe Danielsen (D-Middlesex, Somerset) who served in the U.S. Army Reserves’ 78th Division here in New Jersey and comes from a long line of veterans in his family. “We must continue looking for ways to better serve our veterans, and this legislation is a step in the right direction.”

Both laws will take immediate effect.

Reference: TAPinto.net (August 5, 2019) “New Law Will Assist NJ Veterans with Housing, Legal Services”

What Bills Has Congress Introduced to Help Veterans?

“While the House was busy passing its defense spending bill last week, other members of Congress were introducing other legislation aimed at helping veterans.”

radio.com’s article “Congress introduces bills to increase veteran benefits, refund home loan fees, help women veterans,” lists all of the legislation that’s been introduced in Congress aimed at helping veterans.

Cost of living adjustment (COLA). Senators Johnny Isakson, R-Ga., and Jon Tester, D-Mont., chairman and ranking member of the Senate Committee on Veterans Affairs, introduced the "Veterans Compensation Cost-of-Living Adjustment Act," which aims to increase veteran disability benefits from Veterans Affairs.

The COLA for veterans will mirror the increases to Social Security recipients and is decided by the Bureau of Labor Statistics' Consumer Price Index annually.

“My top priority is to ensure that veterans and their families receive the benefits they earned while serving our country,” Isakson said. “I’m proud to introduce this legislation to increase benefits for disabled veterans in keeping with rising costs of living.”

Home loan fee refunds. Tester and Sen. John Boozman, R-Ark., introduced a bill to make certain that the VA repays disabled veterans for home loan fees wrongfully charged.

An Inspector General report revealed that the VA wrongfully charged nearly 73,000 disabled veterans $286.4 million in home loan fees. The VA has been aware of the fact that it owes those veterans the money since at least 2014.

"The (VA's) failure to uphold this responsibility has unduly burdened disabled veterans. This bill ends the VA’s practice of unlawfully charging veterans who qualify for funding fee waivers. Ensuring the VA implements a process to reimburse veterans who weren’t required to pay in the first place and prevent veterans from unfair penalties in the future must be a priority,” Boozman said.

Care for women veterans. Rep. Lauren Underwood, D-Ill., introduced the Caring for Women Veterans Act, which would create an annual VA report to make certain that women veterans receive quality healthcare from VA hospitals.

The population of women veterans will nearly double by 2043, and advocates say the VA must modernize to ensure that all VA facilities are equipped to provide comprehensive services for all veterans.

Veteran burials. Another bill from Boozman and Tester is designed to assist state cemeteries in meeting federal standards for veteran burials.

Reference: radio.com (July 15, 2019) “Congress introduces bills to increase veteran benefits, refund home loan fees, help women veterans”