Posts Tagged ‘elder care’

Elderly Americans are facing overly strict standards when they apply for skilled nursing home care and home health care through Medicare, two federal courts recently decided.

The two courts, one in Pennsylvania and one in Vermont, ruled that the Obama administration’s standards were too strict and that some seniors have been unfairly denied home care.

The courts ruled against the government position that seniors are only entitled to home care if they can verify that their condition will improve because of it. They said that these rulings were a “failure to apply the correct legal standard”, and determined that seniors are entitled to Medicare coverage of home care if it will keep their condition from deteriorating or allow them to live life as they had been.

Before this ruling, elderly Americans with deteriorating conditions such as Alzheimer’s and Parkinson’s may have had trouble receiving Medicare for home care, as their conditions often do not allow them to improve.

The court cited past rulings that decided Medicare law should be interpreted to best favor beneficiaries. In response, 17 Democrats from the House of Representatives sent the Obama administration a letter arguing against its Medicare policies.

The government has not yet responded to the case.

If you or a loved one has been denied Medicare coverage of home care, contact an experienced elder law attorney for assistance.

To learn more about New York elder law, New York estate planning, visit http://www.elderlawnewyork.com


Read Full Post »

Losing a spouse is never an easy thing to deal with – emotionally or financially. Many people who have lost a spouse feel adrift in a sea of doubt, without an anchor. Simple interactions may suddenly appear too daunting because their “other half” is missing.

The emotional loss, though, is only the beginning.

If the deceased spouse was the primary source of income, or handled all the family finances, it gets worse, especially if discussions about death and finances weren’t comfortable topics. It’s typical for the survivor to attempt to continue living in an accustomed lifestyle, but this may not be feasible or even possible. Effective coping begins with regaining a sense of organization. The surviving spouse should seek the services of an elder law attorney to administer the estate of the deceased, and to update his or her own estate plan.

Learn more about New York elder law and New York estate planning visit http://www.elderlawnewyork.com.

Read Full Post »