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Protecting Veterans Pensions Act

admin — Mon, 24 Jun 2013 14:47:38 +0000

Protecting Veterans Pensions Act comes in response to excessive scams targeting retired veterans.

Protecting Veterans Pensions Act addresses concerns of veteran’s targeted in scams.

Legislation has been reintroduced by U.S. Representative Tom Rooney to combat scams directed at retired veterans and improve the Veteran’s Affairs pension program. Rooney was joined by U.S. Reps. Kurt Schrader, Gus Billirakis and Ron Barber as original cosponsors of the Protecting Veterans Pensions Act.

“As a veteran myself, I am outraged by the actions of those who would prey on America’s elderly and disabled veterans,” Rep. Rooney said. “These financial predators are scamming elderly veterans out of their life savings, while undermining the VA pension program for the veterans who rely on it. By creating a three-year look-back period, we can put an end to this fraud against our nation’s heroes while strengthening the VA pension program.”

The bipartisan bill addresses a common scam called “pension poaching,” in which:

Unethical financial advisors and firms prey on elderly and disabled veterans by promising to help them qualify for VA pension benefits if they divert their assets into trusts or annuities.
The firms profit from those trusts or annuities, but they are often poor investments for seniors. As a result, victims lose access to their savings in exchange for a small pension. Meanwhile, the pension fund is drained for veterans in need.
These firms further profit by charging veterans exorbitant fees and selling them additional, costly services.

Because the VA only considers net worth at the time a veteran applies for benefits, the Department is unable to determine if an applicant has diverted their assets in order to qualify. The Protecting Veterans Pensions Act would eliminate this loophole, end pension poaching and shore up the VA pension fund by creating a three-year “look-back” period to determine eligibility.

“This bipartisan legislation would safeguard veterans and their families from predatory financial advisors, who are abusing taxpayer money and selling veterans unnecessary and costly financial products. These scams have no place in our society and by closing this shameful loophole we can show both veterans and taxpayers that we stand with them in protecting their best financial interests,” Rep. Schrader said.

“As Vice-Chairman of the Veterans’ Affairs Committee and Co-Chairman of the Military Veterans Caucus, I am working to ensure our veterans receive the benefits, care and opportunity they’ve earned. I am proud to join my colleagues in reintroducing this legislation that will better protect our nation’s heroes from scams and those who try to take advantage of or mislead them,” Rep. Bilirakis said.

“I am honored to represent a district in which more than 80,000 veterans live. But I understand that with that honor comes the responsibility to ensure that veterans who stepped forward to serve our nation are not defrauded when they become civilians. I will not allow ‘pension poachers’ to take advantage of our veterans,” Rep. Barber said.

The legislation comes as a result of the concerns expressed to Congressman Rooney from local veterans after he urged them to report scams targeting veterans.

Read more: http://rooney.house.gov/index.php?option=com_content&task=view&id=3517&Itemid=300084

Christopher J. Berry is a Michigan elder law attorney Dedicated to helping seniors, veterans and their families navigate the long-term care maze. To learn more visit http://www.michiganelderlawattorney.com/ or call 248.481.4000

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Family Caregiving Demands Modernizing Leave for Caregivers, Says Latest AARP Report

admin — Fri, 21 Jun 2013 14:06:48 +0000

Michigan Elder Law Attorney Chris Berry is a long-term care expert and understands the importance for family caregivers.

Family caregiving must improve affordable leave options for caregivers.

A recent report from AARP argues for improving family leave for working caregivers, citing the growing population of older american, increasing numbers of family caregivers on the job, and escalating demands and stress on caregivers.

Keeping Up with the Times: Supporting Family Caregivers with Workplace Leave Policies identifies three policy solutions to ease the burden of both caregivers and employers: unpaid family and medical leave, paid family and medical leave insurance, and earned sck time.

“The aging of the population, changing workforce demographics and increasing demands on family caregivers are colliding at the expense of working caregivers,” said Lynn Feinberg, Senior Strategic Policy Advisor with the AARP Public Policy Institute and author of the report. “Even as workforce participation and caregiving demands are increasing for caregivers, workplace policies protecting or supporting them have remained stagnant.”

Close to three out four women of prime caregiving age are in the workforce and seventy-four percent of adults with eldercare responsibilites have been in the workforce at some point in their caregiving. One in four retirees reports leaving the workforce sooner than planned to care for an ill spouse or other family member. One in five workers age 45 to 74 expects to take time off at some point in the next five years for caregiving.

The Family and Medical Leave Act limits leave for caregiving for elderly relatives to parents or spouses, effectively excluding those caring for in-laws, grandparents, or aunts and uncles. Because FMLA leave is unpaid, it is not applicable to low-income workers. Furthermore, it is unavailable to those working for small companies with fewer than 50 employees. Nearly two-thirds of workers eligible for FMLA who didn’t take it reported they couldn’t afford to take unpaid leave or were afraid of losing their job.

Ultimately, Keeping Up with the Times: Supporting Family Caregivers with Workplace Leave Policies recommends a series of approaches to improve options for family caregivers, among them:

Expanding relationships covered by the Family and Medical Leave Act,
Adoption of policies at the state level that exceed current federal eligibility requirements for the FMLA,
Optimizing worker productivity and retention at both the federal and state level by promoting access to paid family leave insurance.,
Public awareness campaigns to educate workers about existing family leave policies,
Employer implementation of family-friendly workplace policies, e.g., caregiver support programs in the workplace, referral to supportive services in the community and flexible workplace policies,
Improved data collection on working caregivers with eldercare responsibilities, especially by federal agencies, and
Further policy research into the interaction of workplace caregiver policies and healthcare access.

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Michigan House Approves Medicaid Expansion

admin — Mon, 17 Jun 2013 15:37:44 +0000

Michigan House approves medicaid expansion bill.

Medicaid expansion approved by Michigan House, headed to Senate.

In a Republican-led Michigan House vote, hundreds of thousands additional low-income adults became eligible for Medicaid.

Lawmakers approved expanding Medicaid eligibility in 2014 to 320,000 adults making up to 133 percent of the poverty line. According to estimates from Republican Gov. Rick Snyder, by 2021, nearly 500,000 Michiganders could enrol in the government-funded health insurance program.

“I believe it’s time for us to stop playing defense with something that is the law of the land and begin to play offense,” said Rep. Mike Shirkey, R-Clark Lake, who was an opponent of Medicaid expansion before changing his mind. “This is a very unique opportunity for us to negotiate from a position of strength to get reforms in what have been long-held entitlement reforms, real reforms that will help people and help taxpayers.”

The measure is now in route to Senate, where passage will be more difficult due to the Republican dominate chamber. Under legislative rules, the House had to vote this week if the Senate is to approve the bill before lawmakers break for the summer next week.

“The majority leader has listed Medicaid reform as one of the issues he’s interested in taking a hard look at before the session is done and he intends to talk to his caucus about further action on Tuesday,” said Amber McCann, spokeswoman for Senate Majority Leader Randy Richardville, R-Monroe.

By way of the federal health care overhaul, states can expand Medicaid to adults making up to 133 percent of the poverty level, or roughly $15,300 for an individual. The U.S. government is offering to cover the entire cost initially and 90 percent down the road.

New enrollees would be required to pay a portion of their medical expenses after being on the program for six months and to pay additional costs after receiving Medicaid for four years. Additionally, the newly eligible would no longer be covered if savings from the expansion do not cover the state’s costs in the future.

Michigan cannot proceed with its plan unless the federal government signs off on the bill.

“I think it’s a failed program, so why would we expand it? It’s as simple as that,” said Rep. Tim Kelly, R-Saginaw, who said his understanding is House leaders would not have called a vote without assurances of Senate passage.

Adults ages 21 to 64 and making between 100 and 133 percent of the poverty line would have two options after four years under the legislation: buy government-subsidized insurance through a new health insurance market or stay on Medicaid by paying more out-of-pocket costs.

The four-year provision would not apply to those earning under the poverty level.

Believed benefits of the bill include saving money by improving the health of more poor people and minimizing their trips to the emergency room, and helping businesses meet the requirements of the Affordable Care Act. The state would save $200 million annually as a result of more people being covered by federal Medicaid dollars.

Opponents contend that federal money is derived from taxpayers and question large government expansion when the U.S. is trillions of dollars in debt. A group of tea party and conservative activists have voiced their opposition of Snyder’s expected re-election bid due to his push to expand Medicaid coverage.

Expanding Medicaid eligibility could cut Michigan’s uninsured by nearly half. Uninsured residents with higher incomes will be covered by a new federal insurance market offering taxpayer-subsidized private plans.

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Michigan Finally Steps Up for Veterans

admin — Wed, 12 Jun 2013 17:57:54 +0000

The 2014 budget, which still needs Snyder’s signature, includes $1.5 million to improve a program connecting veterans with jobs.

After years of neglect, Michigan veterans’ issue in the public policy realm are being adequately addressed.

“By and large, the veteran issues for many years haven’t had a champion,” said Rep. Harvey Santana, a Democrat from Detroit who served in the Navy.

His Republican colleague and fellow veteran Greg MacMaster, of Kewadin, agrees: “The state wasn’t as friendly to veterans, and now we’re turning that around.”

A veterans’ agency was created by Gov. Rick Snyder with a cabinet-level director. Additionally, lawmakers on both sides of the aisle are pushing a number of bills aimed at assisting those who served their country.

“I’m very happy to see that there’s been a change of heart. It appears that the legislature is more in tune to the needs of veterans now,” said Doug Williams, legislative affairs chairman for the American Legion Department of Michigan.

“The governor views it as a special duty and responsibility to ensure that we’re connecting our veterans with education and employment opportunities as well as their veterans’ benefits and services,” said Snyder spokeswoman Sara Wurfel.

Last month, Reps. Santana and David Knezek announced that they are leading a Democratic task force to identify ways to better serve veterans. They will travel the state and speak with veterans to identify the biggest areas of concern, and turn those into legislation.

Michigan has historically failed in serving its veteran population, which ranked 11th largest nationwide in 2010. The latest estimates by the federal government peg the state’s veteran population at more than 680,000 as of September 2012.

In 2010, Michigan ranked dead last for per-capita utilization of federal veterans’ benefits. The state showed a slight improvement last year, rising to fourth-lowest. State veterans affairs officials warn that the report is deceiving because it includes high-cost capital expenses for VA centers or federal settlements with other states.

Post 9/11 veterans in Michigan faced an unemployment rate of 29.4 percent in 2010, the highest in the U.S., according to the U.S. Congress Joint Economic Committee. That rate lowered to 14.4 percent in 2011 and 6.8 percent in 2012, but the JEC notes that the relatively small veterans’ population makes it difficult to compare unemployment rates across states and over time.

The 2014 budget, which still needs Snyder’s signature, includes $1.5 million to improve a program connecting veterans with jobs. It would link the federal Hero 2 Hired(H2H) program with the state’s online job portal to help translate military occupational terms to comparable skill sets for civilian positions.

“Veteran interviews with human resources departments sometimes are like an English as a second language interview, because there’s such a disconnect with acronyms, jobs, duties, responsibilities,” said Jeff Barnes, Director of the freshly minted Michigan Veterans Affairs Agency.

Michigan is the first state to link H2H with a separate workforce development program; it should be fully operational within a year.

The state struggles with attracting veterans to use the GI Bill to pay for higher education or vocational training, even though schools like Central Michigan University and Ferris State University are recognized as being military and veteran friendly.

Christopher J. Berry is an elder law lawyer in Michigan Dedicated to helping seniors, veterans and their families navigate the long-term care maze. To learn more visit http://www.michiganelderlawattorney.com/ or call 248.481.4000

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