Arizona Senior Law

Outreach and education are so important when it comes to identifying benefits for those who may be eligible. ALTCS (Arizona Long Term Care System) and the VA (Veteran’s Administration) Pension program are two benefits that I frequently discuss. Most of the time I get a statement of, “well, I know I can’t have both ALTCS and pension, so how do I choose?” This is when I can surprise the person by asking, “Who told you that you cannot receive both benefits?” Most of the time this is just what they, “heard,” and are not really sure where they heard such a thing. So, if you or someone you know are looking into potential benefits, get the facts first, and know that a person can absolutely receive both a VA pension and ALTCS benefits. If you have questions about either of these programs and how they can work together, please call one of our Elder Care Coordinators at (480) 464-1111.

Tags: benefits, eligibility criteria, Long-Term Care, pension

The IRS is quite liberal when it comes to granting 6-month filing extensions for federal income taxes. While this extension does not provide taxpayers with additional time to pay tax liability, it does provide extra time in which to submit tax returns. Taxpayers must file extensions in a timely fashion if they are to avoid fines and penalties from the IRS.As taxpayers know, taxes are due at both the state and federal level. Many taxpayers find it necessary to request an extension to file their state taxes. Those who file for an extension at the state level only must submit a Form 204 to the Arizona Department of Revenue. However, Arizona residents who submit a filing extension for federal income taxes are not required to submit Form 204 to effectuate a state extension. This is clearly illustrated on Form 204 itself, which states in relevant part: “Arizona will accept a valid federal extension for the period covered by the federal extension. This includes the automatic six month federal extension.”

Despite the clear language of Form 204, the Arizona Department of Revenue issued late filing penalties this year to many Arizona residents who submitted timely federal extensions. Many taxpayers were issued penalties for hundreds of dollars without cause. This no doubt came as a shock to those who filed federal extensions in the past without raising issue with the Arizona Department of Revenue. Likewise, those who relied on Form 204 have good reason to be dismayed by the late filing fees. The fact of the matter is that the Arizona Department of Revenue must abide by its standing policy of extending state filing dates by the length of the extension granted at the federal level.

Arizona residents cannot be fined by the Department of Revenue for late filing if they submitted a timely request for a federal extension. If the IRS granted you an extension and you nevertheless received a penalty from the Department of Revenue, contact JacksonWhite to determine your best course of action. If you have already paid a fine to the Department of Revenue, which you believe was without basis, redress may be available. Contact JacksonWhite to discuss the facts of your situation in detail.

Evercare Hospice is offering a free 6-week support workshop for those who have lost a loved one.  Coping with the death of a loved one during the holiday season can be very difficult especially for the first holiday they experience without them. 

The Holidays Without You
September 28^th  – November 2^nd
6:00 p.m. – 8:00 p.m.
Foundation for Senior Living (Caregiver House)
12^th Street and Thomas Rd
Phoenix, AZ  85014

 Registration or questions: please call Ellie Isaacson or Cheryl Askew at 602-749-5900

Tags: Add new tag, care giver, coping, End-of-Life, Event, grief counseling, Hospice, workshop

In partnership with C.A.R.E.S., JacksonWhite is pleased to announce the release of the new Social Services Toolkit.  This Toolkit contains everything from power of attorney forms to cognitive assessment tools and long-term care financial documents.  If you are a social worker or health care facility staff, you now have access to all the guidance you need in one easy to use binder!

Every skilled nursing facility in the state of Arizona will receive one free copy.  Other health care facilities and organizations can order copies online at clinicaladvisorsllc.com.  Forms and resources in the Toolkit serve as the master copies; staff can make copies of the forms as needed. Click here to learn more information and to order your Toolkit today!

Tags: C.A.R.E.S., Health care professionals, JacksonWhite, Social Services Toolkit, Social Workers

The Jackson White intake team recently fielded a call from a son whose father is in need of ALTCS services. The son stated that he is in the process of “assuming” dad’s mortgage. The home has about a $100,000 mortgage and the estimated Fair Market Value of the home is $240,000.

Question: Will assuming my dad’s mortgage pose a potential problem with ALTCS eligibility?

Answer: YES! ALTCS will see this as a transfer of the difference, or $140,000.
Therefore, dad is ineligible due to the assumption of the loan. They see this transaction as dad essentially giving away $140,000. In doing something that they thought was right for dad, it is now clear that they have actually caused major issues with eligibility and potentially some very severe penalties.

If you are getting ready to apply for ALTCS for yourself or someone else, please call for a free benefits pre-screen. We can help you determine if there are any red flags before you start.

Tags: ALTCS, Arizona, Arizona Long Term Care System, Free Pre-Screen, Mortgage, Qualify for ALTCS, Transfer Penalty

We agree, at JacksonWhite, that there are many wonderful group homes that provide excellent care.  They meet a niche in the long term care continuum that is certainly a valued addition. However…

If your loved one is in a group home or you are a social worker referring to group home – beware. If the group home is an ALTCS approved home- this means they agree to accept their contracted rate for payment for care under ALTCS. They CAN NOT ask the family to pay more in order for the client to be in the facility under ALTCS.

Please see our latest addition of the Senior News – there is an article about Medicaid Fraud – it will explain Double Dipping and rules against it.

If the group home does not like their reimbursement provided by the Program Contractor or feel that it does not pay enough, the group home can either renegotiate their contract to better reflect their costs or decide to NOT take ALTCS clients.   Please do not be misled,  group homes that agree to take ALTCS recipients are agreeing to allow them to stay for their room and board amount, plus the difference of their contracted rate paid by the ALTCS program.   It is not the families responsibility to pay extra…. ONLY if the client is paying for something outside of the contract terms ( i.e.; private room) can they pay extra.  It CAN NOT be a condition of admittance.

For those Social Workers referring to group homes, please do your clients a favor and check into this before you refer – dont let your clients be misled.  It may be that another type of setting may be better financially – and ethically – for the client.

Check out our newsletter or call JacksonWhite if you need more information!!!

Tags: ALTCS, Arizona, Arizona Long Term Care System, Families, Group Home, Long-Term Care, Medical Fraud, Program Contractor

Are you thinking about applying for Arizona Long Term Care but are unsure if you or your loved one will qualify?  Jackson White offers a free phone analysis.  Our Elder Care Coordinator’s are available to answer any questions you may have about the benefits of the program and eligibility criteria.  Please don’t hesitate to call us today with any questions.  We can be reached toll free at 1800-243-1166.

Tags: ALTCS, Arizona Long Term Care System, Elder Care Coordinator, Free Pre-Screen, JacksonWhite, Public Benefits

The VA’s own website (www.va.gov) confirms 75% of all applications for VA pension are denied the first time.  Is this a conspiracy by the VA?  Does the VA have a “quota” for approvals?  Are they trying to save federal money?  Do they know the proper regulations? In my 34 years with the VA, I even heard “that pension applications are only approved the last 10 days of the month”.  NONE OF THESE ARE TRUE!

VA applications for pension are disapproved because they are not complete and well-documented.  Yes, now that pension claims are worked in the St. Paul and Philadelphia Pension Centers only, the atmosphere for help and approval is far better, and applications are resolved more quickly (4 months instead of 9 months).  Gone are the days when certain individuals in local Regional Offices (RO’s) WOULD DENY everything.  Those of you who were forced to deal with the Phoenix and Alburguergue RO’s in the past know this is true.

I hope the following 5 reasons for denial will help you navigate the VA process.  Yes, the VA’s “duty to assist” exists, but this is the one area where the VA responsibility continues to fail.  If you are not inform, our represented by Elder Law Firms like JacksonWhite, you may be unprepared to deal with the VA and perfect your benefits.

Reason Numer 5: MISSING OR INCOMPLETE INFORMATION.  The VA applications, VA form 21-526 (veterans) and 21-534 (widows), are multiple-paged and have many, many questions.  Address and answer everyone of them.  If the question is “non-applicable”, answer “N/A”; if the income is zero, answer with a “0″; and if you are tempted, NEVER, NEVER leave a space “blank”.  Every blank space means a question & a letter from the VA, which delays the claim.  If you do not have a copy of the veteran’s discharge, DON’T WORRY!  Attach what you have, because the VA will ask the military for confirmation of the veteran’s service.

Reason Number 4: Failure to Respond to Clarifications.  There are many areas on an application where the VA MUST clarify what you submitted or what you meant (REMEMBER: you can never tell the VA too much about a situation).  ALWAYS answer their letters or phone calls as soon as possible, and if you need time to do so, send them a letter saying “I’m working on it”.  Do not panic when they say “respond within 30 days”.  You have at least 60 days by law, and can supply the information within 1 year and still have a valid claim.  If you DO NOT know where to get any clarification, tell the VA and asked their advise (the duty to assist).  There are always alternatives!!

Reason Number 3: Documenting Dependents.  Who is a “dependent” for VA pension is often misunderstood.  A “dependent” is less than 18 years old, where the veteran is the father, or the veteran is married to the mother, so step-children are fine.  Grandparents MUST have court-issued adoption decrees.  If dependents are under 23 years old, they MUST be in school full-time.  Spouses are dependents, but their income also counts, as well as their Unreimbursed Medical Expenses.  If the veteran or their spouse has previous marriages, document them with a death certificate, an annulment decree or a divorce decree.  The VA MUST assure a “valid marriage”.  HINT: divorce decrees are available from the County where the divorce was granted.

Reason Number 2: Documenting “Shortfalls“.  If your Unreimbursed Medical Expenses, especially your Room & Board (R&B) figure for a facility, exceed your income, the VA WILL ALWAYS delay your claim to clarify this.  So, you are going to anticipate this question!!  If you are using “savings or assets” to meet this shortfall every month, explain this as an attachment to your application.  If your assets are depleted, and a friend, sibling or family member is supplementing your R&B, explain this.  To be absolutely sure the VA understands this, write a simple “loan agreement” and submit it, showing you are “borrowing” this shortfall every month, expecting to pay it back when pension starts.

And Finally, Reason Number 1: Failure to Document Income and Unreimbursed Medical Expenses.  On the application, the VA can ONLY confirm the amount of your Social Security benefits independently.  EVERYTHING else should be documented with a written explanation, this year’s award letter, or an annuity agreement.  The VA can’t even confirm your Federal or Military Retirement without a letter.  WHEN IN DOUBT, document it.  Unreimbursed Medical Expenses should be documented on the VA form 21-8416.  For most widows and veterans, their largest expense is the R&B they pay for a Group Home, Assisted Living or a Nursing Home.  Simply provide the VA a letter from the facility confirming your Room & Board monthly figure.  If you have any other “recurring, ongoing or continous” Unreimbursed Medical Expenses, document them.

With the VA, you CAN NEVER provide too much information.  If they have to write you for clarification of any ONE point on the application, your claim will be delayed or denied.  ALWAYS include your phone numbers, an EM address if you have one, and a Next-of-Kin’s contact information with every application.

If you have any questions, please contact us directly at (480) 464-1111, or pose a question to our blog.

Tags: VA, VA Aid & Attendance, VA Pension, VA Pension Denial

It’s that time of year again! Please join us in the fight against Alzheimer’s Disease. You can form your team now for the 2009 Memory Walk through the Alzheimer’s Association at www.alz.org. This is a family-friendly event and your four-legged friends are invited to join as well through the dog registration. There are five Memory Walks throughout Arizona listed below. If you are unable to attend a walk, you can still show your support and help raise funds or volunteer your time. In addition, several memory care facilities throughout the state are hosting their own mini-walks so that their residents and families can participate together and enjoy the festivities. For more information, contact the Alzheimer’s Association at 1-800-272-3900.

Phoenix Memory Walk – 11/14/09 – Wesley Bolin Plaza

Registration at 7:30am – Walk at 9:00am

Prescott Memory Walk – 10/3/09 – Downtown Courthouse Plaza

Registration at 8:00am – Walk at 9:00am

Sedona Memory Walk – 10/17/09 – TEQUA The Village of Oak Creek

Registration at 8:00am – Walk at 9:00am

Sun City West – 10/24/09 – Beardsley Recreation Center

Registration at 7:30am – Walk at 9:00am

Tucson – 10/17/09 – Gene C. Reid Park

Registration at 7:30am – Walk at 9:00am

Tags: Alzheimers Association, Alzheimers Disease, Arizona, Events, Memory Walk

Group homes are an alternative setting for those who do not want to look into larger communities such as Assisted Living or Nursing Homes. Many group homes are now licensed for directed care, meaning that they are able to care for those with a higher level of care. If you are ever told that you or someone you know needs a group home, you might be scratching your head and wondering where to start. My advice would be to ask for a referral to a placement agency. They are agencies that offer services free of charge. They will do the ground work for you and find several appropriate group homes for you to tour, based on location, cost, and level of care. Many of them will even drive you around from place to place! If you ever find yourself in this situation, please call us and ask to speak to one of our Elder Care Coordinators. We would be happy to give you a few names of placement agencies we have worked with and had great success.

Tags: Assisted Living, Elder Care Coordinator, Group Home, Nursing Home, Placement Agency, Senior Living