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            A few weeks ago (1-11-16 post) I was discussing what happens to Social Security benefits when someone dies.  Specifically I am talking about the entitlements of a surviving spouse. These benefits are commonly referred to as survivor benefits.  Other family members, such as disabled children (provided  the disability began before age 22), may be entitled to survivor benefits but this post will focus on the surviving spouse.             Generally, the surviving spouse is entitled to 100% of the deceased spouse’s Social Security benefit provided it is greater than his/her own benefit.  In other words, the surviving spouse will receive either his/her own benefit or the deceased spouse’s benefit, whichever is greater, but not both.  The surviving spouse will also receive a one-time death benefit payment of $255.             Additionally, the surviving spouse must be age 60 or older or 50 or older provided he/she is disabled from a disability that began no later than 7 years after the deceased spouse’s death.  The surviving spouse must also have been married to the deceased spouse at least 9 months and is not currently remarried where the marriage occurred before he/she turned age 60.             An ex-spouse may also collect survivor benefits under certain circumstances.  The

               Two weeks ago (1/4/16 post) I was pointing out that while the holiday season is a time when we reconnect with family who we may not have seen for some time, health and behavior changes in the elderly may also become more noticeable.               So what can or should you be doing? A physical and neurological exam should identify any medical issues.  A Geriatric Care Manager (GCM) can help assess the options available that will allow your loved one to continue to live a full, fruitful and safe life.  Suggestions may include a home health aide, adult day care, and personal organizer to help with money management.               If your loved one can no longer live alone, possible alternative living arrangements include another family member’s home, assisted living, senior housing or nursing home. Each choice has pros and cons and expense is often an issue.  Planning should be done as early as possible to determine what government benefits can be tapped to help pay the cost, such as Medicare, Medicaid and Veteran’s benefits.                 Because the family is together once again, the holidays  are a good time to begin discussing these difficult decisions.  For example, if one child lives nearby an aging parent and sees

               It’s a common question we get all the time.  How do I handle Social Security since Dad has died?  The Social Security Administration must be notified as soon as possible when a recipient dies.                Usually notification is handled by the funeral director, however, if the funeral home doesn’t provide this service then the surviving spouse or other family member must contact Social Security. It cannot be done online but you can make a phone call to your local Social Security office or to 1-800-772-1213.                Any benefits received for the month of death or any months after that must be returned. For example, if Dad died in January you must return the benefits paid in January and after.  If benefits are paid by direct deposit you will need to contact your bank and request that any funds received for the month of death or later be returned to Social Security.  If the benefits are paid by check then do not deposit the checks but return them to Social Security as soon as possible.                 Next month we’ll address the question of how much Mom will receive in survivor benefits after Dad's death.

          The holiday season is a time to connect or reconnect with family.  We might visit with parents or other family members that we haven’t seen in some time and that’s when changes in their health become more noticeable such as: Weight loss Deterioration in personal hygiene Unusually dirty or messy home Unusually loud or quiet, paranoid or agitated behavior Local friends and relatives noticing changes in behavior Self-imposed isolation, stops attending activities Signs of forgetfulness such as unopened mail, piling newspapers, missed appointments, unfilled prescriptions Signs of poorly managed finances, such as not paying bills, losing money, paying bills twice Unusual purchases             Then once the new year begins we go back to our daily routines.  But, what can or should you do if you see any of these changes?  There’s a lot actually that you can do.  Next week we’ll go over some of the options available to you.  

                Each year, many of the programs that, as elder law attorneys, we deal with daily, such as VA Aid and Attendance and Medicaid, are adjusted for inflation through a cost of living adjustment.                 For 2016, the Social Security Administration announced that Social Security recipients will receive no increase, the third time this has occurred in the past decade. Because Medicaid and the VA Aid and Attendance program adjustments are tied to the same percentage increase, this means that those benefits will also have no cost of inflation adjustment.  Here are the numbers you need to know for 2016.                 The Medicaid income cap will remain at $2199 per month.  This number is the limit on income per month needed to qualify for most Medicaid programs.  For Medicaid recipients whose income exceeds this limit a Qualified Income Trust (commonly known as a Miller Trust) must be used to achieve and maintain eligibility.                  The Community Spouse Resource Allowance (CSRA) will remain at $119,220. That is the maximum amount a healthy spouse may keep in countable assets (provided the married couple have at least that amount times 2 at the time the “snapshot of assets” is taken).   The minimum CSRA is $23,844, meaning

            The Centers for Medicare and Medicaid has announced 2016 numbers for Medicare premiums, deductibles and coinsurances. Once again, the basic Medicare Part B premium will remain the same at $104.90.  That number has not changed for the past 3 years.             However, approximately 30% of beneficiaries will receive an increase in their premiums. They include people enrolled in Medicare but not yet receiving Social Security #SocialSecurity2016, new Medicare enrollees, seniors who have greater than $85,000 of income per year and those who are eligible for both Medicare and Medicaid.             In 2016 the Part B premium will increase to $121.80 per month for those individuals not subject to the rate freeze.  Individuals with income between $85,000 and $107,000 will pay $170.50, those with income up to $160,000 will pay $243.60, those with income up to $214,000 will pay $316.70 and those over $214,000 will pay $389.80 per month.             Income is based on 2014 income tax returns and specifically the modified adjusted gross income number.  If you have taken a lump sum from your IRA or otherwise received a one time amount that is counted as income and that has pushed your income to a higher level than normal, you can expect