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May 28, 2010 by bob mason Leave a Comment

Our Newest Ad – A Sneak Peek!

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Filed Under: Miscellaneous

February 15, 2010 by bob mason

Ask anyone with a Social Security disability determination for a quick description of the process and be prepared for something like: Agony. Or glacial. Or maddening.

There may be a glimmer of hope for some. On February 12 the Social Security Administration added to the list of conditions that will be considered under the compassionate allowance program, which is a fast track approach to making disability determinations. Among those conditions is early (young age) onset Alzheimer’s disease. More on that below.

Why This Might Be Important

Social Security disability determinations are important for a number of reasons. As most know, all those years of payroll taxes fund a mandatory federal retirement benefit called Social Security. Work enough, turn 62 or so, stop working and collect retirement benefits. But what of the younger worker who becomes disabled?

Social Security Disability Income benefits are essentially an advance payment of retirement benefits for the younger disabled (former) worker. The extra income is nice, but the added bonus is that two years after Social Security says the disability began the (former) worker also collects Medicare. (Why a two year wait? It’s a mystery.)

Medicare is the mandatory federal health insurance program that normally goes along with the Social Security retirement benefits. That can be a godsend for the disabled individual who is no doubt racking up medical bills and may have no other health insurance (remember, she hasn’t been working a few years).

A Social Security disability determination vicodin prescription online is also important for the younger disabled person who is truly destitute (she can’t work, she’s disabled, and she doesn’t have any significant work history). Supplemental Security Income is a small benefit with all sorts of strings attached. But it has one very important feature: The doors to Medicaid instantly swing open. Medicaid is the federal health insurance program for the poor disabled.

Getting One Is Another Matter!

Getting the determination is another matter and not for the faint hearted. Years of budget cuts and under staffing have taken a toll. Overworked and under trained caseworkers make erroneous decisions and often do not understand what they are doing.

Good administrative law judges (the ones who straighten out the decisions made by the overworked and under trained caseworkers) are overwhelmed. Getting on a judge’s docket can take months . . . up to a year.

A final decision can take years. The process is so complex that lawyers can actually make a living at it . . . why else are all those ads on TV?

Cutting Through The Mess . . . For Some

That is why the compassionate allowance program can make such a difference to someone with a listed condition. Social Security Administration has determined that the conditions shown are easy to prove with a simple records review. Experience has also shown that people suffering from the listed conditions always win . . . eventually . . . a determination.

So, the thinking goes, why not fast track those conditions. Early onset Alzheimers disease is now one of those conditions. A break for those with a heartbreaking condition.

For a full list of the listed conditions go to www.ssa.gov/compassionateallowances. There are 88 conditions listed. Someone lucky (or unlucky) enough to be on the list may be on the way to a speedy determination.

Filed Under: Medicaid, Medicare, Special Needs Planning Tagged With: disabilities, disability determinations, Social Security

February 10, 2010 by bob mason Leave a Comment

ASHEBORO, NC — Feb. 11, 2010: Minneapolis-based Law & Politics, publishers of Super Lawyersmagazines, announced that Asheboro, NC, elder law and special needs law attorney Robert A. Mason has been named to the 2010 edition of North Carolina Super Lawyers. Each year, no more than 5 percent of the lawyers in the state receive this honor. Mason was also named in the 2009 edition of North Carolina Super Lawyers.

Mason has been selected for inclusion in Super Lawyers and was listed in the January edition of Charlotte magazine, and his profile and was be included in The New York Times (Charlotte edition), as well as the 2010 edition of North Carolina Super Lawyers magazine, which is distributed to attorneys in North Carolina and ABA accredited law school libraries.

Mason is the owner of Mason Law, PC, Asheboro, NC, and a partner in MasonCerbone, a Savannah, Georgia firm. Both firms are devoted to meeting the legal challenges of seniors, the disabled and their families, using an array of sophisticated legal techniques.

Mason, one of the first attorneys in North Carolina to be designated a Board Certified Specialist in Elder Law by the NC State Bar Board of Legal Specialization, is also a Certified Elder Law Attorney by the National Elder Law Foundation, past Chairman of the Elder Law Section of the North Carolina Bar Association, Chairman of Hospice of Randolph County, North Carolina, and a frequent speaker on elder and disabilities law issues. Mason especially focuses his practice on advanced asset protection techniques, trust law issues, and special needs trusts.

Mason has a Bachelor of Science in Communications from Northwestern University, Evanston, Illinois, and a Juris Doctor cum laude from Mercer University’s Walter F. George School of Law, Macon, Georgia.

Filed Under: Featured, News / Press

February 3, 2010 by bob mason Leave a Comment

This from Ann:

Today is my TEN YEAR SURVIVOR ANNIVERSARY!! It is so incredible acomplia rimonabant that in 2000, Bob and I were told that my colorectal cancer came with a 50% five year survival rate. Well we beat those odds – and then some.

So thank you – for everything you did. No matter how small it may have seemed to you at the time, it was important to us.

Ann & Daddy

Some very special thanks. To the good Lord above who always, always provides for our needs. To Bob and Bobby who each and every day give me love and motivation. To Mom – as a mother I have tried to put myself in your shoes during those days – impossible. To my MDs and PA – for the expertise, absolutely – but also for the compassion. Finally – to my personal chemo chauffeur – your journey on this same path was short, but for you every day now is a celebration beyond anything we can imagine – miss you so much, Daddio*.

So raise a glass!! Slainte!

Ann

* Note from Bob: Colon cancer took Ann’s Dad, Harry Haslam, Sr., in August 2008.

Filed Under: General

January 10, 2010 by bob mason

Coastal Senior is a monthly periodical covering the South Carolina and Georgia low country.  Bob Mason is its legal columnist.

For many people, Medicaid may be the only financing option for nursing home level of care. Medicare has limited benefits. Most people do not own long term care insurance. And for most, private paying $6,000 a month is not an option.

Qualifying for Medicaid is another matter. It can be difficult . . . or it can be easy. Here is the easy answer along with some free legal advice. Fix up the house, buy a new car and simply spend the rest down on the spouse’s nursing home care. When everything has been spent down, go apply for Medicaid.

Is that the smartest approach? No. But the advice was “free”! Also, the nursing home and the Medicaid people in Atlanta will love you.

The better way just may be a bit more difficult. While every case is different, many strategies can save a tremendous amount of money, not to mention aggravation and worry.

The answers do not come easily. As the United States Supreme Court observed in the Schweiker v. Gray Panthers case, the “Byzantine construction” of the Social Security Act (of which Medicaid is a part) makes the rules and regulations “almost unintelligible to the uninitiated”.

You’ll need a guide with the knowledge and experienced to shepherd you through the process.

In addition to a thorough understanding of the nuances of the Medicaid rules, many of the successful strategies require an advanced understanding of trust law, taxation, real property law and the interconnections among Medicaid and other programs (VA benefits, for example).

Is it necessary to hire an attorney to complete a Medicaid application? No, not if the “easy” answer mentioned above will suffice.

Will people advise that it is not necessary to hire an attorney? You bet! Occasionally it is someone with a local Department of Family and Children’s Service office. More often it is a nursing home.

The problem with that sort of advice is both parties have a vested interest in keeping someone on “private pay” as long as possible. It is not in their interest to move someone to Medicaid.

Further, many, if not most, nursing home business office staff who offer to complete (sometimes they’ll insist on completing) a Medicaid application do not have more than a basic understanding of the complex rules and advantageous strategies available.

Also, neither has the knowledge, skills and ability, much less a law license, required to draft trusts, devise appropriate estate plans and stand by to advocate for you (in court if necessary) should the need arise.

Finally, if a lawyer is “the way to go” keep in mind that lawyers, like doctors, are not all the same. A great attorney in one area of the law may not have any idea of what to do with Medicaid rules that are “unintelligible to the uninitiated”. Ask for references, ask how many similar cases have been handled, ask for credentials and certifications and satisfy yourself they know what they’re talking about and are ready to get on your side.

Filed Under: Coastal Senior, Medicaid, Nursing Homes Tagged With: Georgia, Medicaid

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