BIG increase in ’09 benefits
SS COLA for 2009: 5.8%Monthly Social Security and Supplemental Security Income benefits for more than 55 million Americans will increase 5.8 percent in 2009, the Social Security Administration announced today. The 5.8 percent increase is the largest since 1982. Social Security and Supplemental Security Income benefits increase automatically each year based on the rise in the Bureau of Labor Statistics’ Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), from the third quarter of the prior year to the corresponding period of the current year. This year’s increase in the CPI-W was 5.8 percent. The 5.8 percent Cost-of-Living Adjustment (COLA) will begin with benefits that over 50 million Social Security beneficiaries receive in January 2009. Increased payments to more than 7 million Supplemental Security Income beneficiaries will begin on December 31. Some other changes that take effect in January of each year are based on the increase in average wages. Based on that increase, the maximum amount of earnings subject to the Social Security tax (taxable maximum) will increase to $106,800 from $102,000. Of the estimated 164 million workers who will pay Social Security taxes in 2009, about 11 million will pay higher taxes as a result of the increase in the taxable maximum.Should you have any questions on this or other topics affecting our aging population, please contact me at fniemann@hnlawfirm.com.
Archive for November, 2008
Parents push for autism insurance changes
Friday, November 21st, 2008Massive move to change state insurance law
In Washington state, Reza and Arzu Forough pay more than $1,000 a week for behavior therapy for their 12-year-old autistic son. In Indiana, Sean and Michele Trivedi get the same type of therapy for their 11-year-old daughter. But they pay $3,000 a year and their health insurance covers the rest. Two families. Two states. Big difference in out-of-pocket costs. If autism advocates get their way, more states will follow Indiana’s lead by requiring health insurers to cover intensive and costly behavior therapy for autism. In the past two years, six states — Texas, Pennsylvania, Arizona, Florida, South Carolina, Louisiana — passed laws requiring such coverage, costing in some cases up to $50,000 a year per child. The powerful advocacy group Autism Speaks has endorsed bills in New Jersey, Virginia and Michigan and is targeting at least 10 more states in 2009, including New York, California and Ohio. Other states, including Illinois, have similar bills in the works but aren’t working directly with Autism Speaks. “This is the hottest trend in mandates we’ve seen in a long time,” said J.P. Wieske, a lobbyist for an insurance coalition that argues that these state requirements drive up insurance costs for everyone. “It is hard to fight them.” For lawmakers, voting against these measures means voting against parents who are struggling to do the best for their children. Parents tell moving stories about how behavior therapy works better than anything they’ve tried. In two states, bills got nicknames like “Steven’s Law” and “Ryan’s Law,” so voting against them was tough.
Dealing with the Sudden Crisis of Eldercare
Friday, November 14th, 2008Eldercare providers and advisers who deal with the public, know from experience that desperate caregivers are often frantically trying to find help for their loved ones with unexpected long term care needs. The National Care Planning Council has discovered an answer to help desperate caregivers find the one-stop shop support they need. A 2004 study by the National Alliance for Caregiving and AARP estimates nearly six in ten (59%) caregivers are currently employed. Many of these working caregivers will use their Internet access at work to find the caregiving support they need. The National Care Planning Council is currently seeking qualified individuals to be Directors and oversee geographic service areas of state care planning councils. If you are a professional care provider or eldercare advisor please contact us about this opportunity to help the community and at the same time expand your services by becoming a Director of a Service Area. Contact the National Care Planning Council at 800-989-8137 or by email at inquiry@longtermcarelink.net. To read more detailed information about care planning council service areas, please go to www.longtermcarelink.net/council.pdf.
Please CLICK HERE for the entire article and previous articles, or copy and paste the following into your browser: http://www.planforcare.org
New Landlord Requirements Under New Jersey’s Predatory Towing Act
Friday, November 7th, 2008By Christopher J. Hanlon, Esq.
The new Predatory Towing Act which became effective October 18, 2008 prohibits non-consensual towing, including towing of motor vehicles from private properties (your community) without the consent of the owner or operator of the vehicle, except in compliance with the Act.
The Act requires either the consent of the vehicle owner (which consent might be secured in a lease or rules and regulations) or towing only after the posting of a sign “in a conspicuous place at all vehicular entrances to the property. . .no smaller than 36” high and 36” wide,” which lists all of the following:
1. The purpose for which parking is authorized;
2. That unauthorized parking is prohibited and no authorized vehicles will be towed at the owner’s expense;
3. The name, address and telephone number of the towing company;
4. The charge for towing which will not exceed the fee specified in the tariff which is on file with the Director (filed there by the towing contractor) for both the towing and storage of the towed motor vehicle; and
5. The street address of the storage facility where the towed vehicles can be redeemed by payment of the posted charges and times when redemption is possible.
In addition, no towing company may remove the motor vehicle without the written authorization of the property owner (or presumably an authorized representative) who must be present at the time of removal.
It is recommended that each lease now contain a generic authorization for towing of any car owned by any tenant who signs a lease. Since the consent must be provided by the vehicle owner, it would also be advisable to have a consent signed by any authorized occupant. However, lacking any such signed consent from any other person who might own a car parked on your property, considering the likelihood that such signatures might not be obtained from guests or other visitors, and the possible uncertainty concerning vehicle ownership under any circumstance, any property owner who wishes to maintain the option of towing unauthorized vehicles or vehicles parked in unauthorized areas from the premises (as opposed to enforcing parking regulations through eviction measures) should comply with the law by hanging appropriate the sign, which is in compliance with the guidelines set forth above where required by the law.
For more information about New Jersey’s Predatory Towing Act, please contact Christopher J. Hanlon at chanlon@hnlawfirm.com.
Avoiding Foreclosures Through Short Sale
Friday, November 7th, 2008The intelligent alternative to bankruptcy or to foreclosure proceedings
There has been an unprecedented explosion in demand for attorneys who specialize in representing homeowners who must dispose of their homes through “short sales”.
Short sales are defined as sales where one or more mortgage holder agrees to discount its debt so that the property can be sold at its current market value to a willing buyer. Currently, short sales account for more than 40 percent of residential transactions and the numbers appear to be increasing.
Short Sales a Market Force
More and more homeowners find themselves overwhelmed by their mortgage debt. For owners who can no longer afford to keep mortgage payments current, a short sale is the intelligent alternative to bankruptcy or to foreclosure proceedings. Short sales can preserve a homeowner’s creditworthiness and can help homeowners avoid the harsh long-term consequence of a foreclosure.
Mortgages have become extremely anxious to offer short sale discounts in an effort to minimize their own potential losses and to avoid the protected process of foreclosing. Qualified buyers, many of whom are prepared to invest significant down payments, are holding out for the lowest possible price. Mortgage holders agree to absorb the short sale discounts, enabling such qualified buyers to buy “discounted deals”.
For a seller in a short sale, the process tends to be both unique and complex. It usually involves intermediation between first and second mortgagees as well as the need for extensive drafting of agreements and releases. Real estate agents can often act most effectively as the preliminary negotiators. They initiate the short sale process by opening communication with loss mitigation officers, which in itself, is often a cumbersome process. Agents can provide property specific data to the lender and they can arrange for the homeowner to provide proofs of hardship which are required by mortgagees before they will consider the terms of short sale. While it is the real estate agent’s work that positions the loan for discounting by the lender, it is ultimately a skilled short sale attorney, representing the seller, who secures meaningful protection for his clients and who brings the short sale to a successful conclusion.
In a market where an increasing number of homes are no longer worth as much as the liens which encumber them, many consumers are no longer able to afford their scheduled monthly mortgage payments, and judicial foreclosures are taking longer and longer to complete, ultimately increasing the number of short sales transactions.
Loss mitigation officers, who negotiate short sales on behalf of the lenders, are besieged with applications for short sales, from all over the country without having adequate knowledge of the differences among applicable state laws. As a result, bottlenecks in the negotiation process occur and negotiations extend for several months. It is among these bottlenecks that attorneys with intimate knowledge of the “workout” process find themselves able to bring order out of chaos and to propose practical and effective short sale formats that can satisfy the needs of both the loss mitigation officer and the homeowner.
Looking Forward
The trend in short sales is expected to continue well into 2010. this is attributable to the recent failures of major mortgagees and to the fact that more adjustable mortgagors will experience the shock of payment “resets” in the first half of 2009. Reportedly, more such resets will occur in the first six months of 2009 than have occurred in any one full year period in American history. These resets are expected to generate a tidal wave of short sales. In response to the current number of defaults, and in anticipation of even more in coming months, the holders of securitized mortgages are increasingly opting for loan discounting as their alternative to protracted, and ultimately costly, judicial foreclosures. Simply put, short sales are cheaper and faster.
The increasing willingness of residential mortgages to grant discounts shows a preference for short sales as a practical means to cut their losses and to quickly purge their portfolios of at-risk loans. Homeowners and real estate agents find a shortage of attorneys who are specifically trained in the specifics of short sales – including the ability to make a case for mortgagees to discount their loan balances – enabling the homes to be sold. Eroding home prices have left many owners with mortgage debt that far exceeds selling prices of the mortgaged properties. While institutional mortgages have redeployed personnel into newly created, massive loss mitigation departments, there has not been a corresponding expansion among attorneys who clearly understand the protocol.
Hanlon Niemann has developed real experience to become aggressive short sales negotiators and are currently in strong demand as residential real estate values continue to decline. The short sale attorney’s role is pivotal to the success of most short sales. For more information, contact our managing partner, Fredrick P. Niemann at fniemann@hnlawfirm.com.
ATTENTION SENIORS October 15, 2008
Friday, November 7th, 2008Medicare Enrollment Starts November 15, 2008
If you work with individuals over the age of 65, you may be getting phone calls requesting help with Medicare questions. It’s that time, once again, to make changes to Medicare options. According to CMS, which is the government entity that oversees Medicare, the six weeks from November 15, 2008 through December 31, 2008 is a hectic time of the year otherwise known as the Annual Election Period (AEP.) Once a year, Medicare allows enrollees to opt in or out of Medicare Part D and Medicare Part C — otherwise know as Medicare Advantage Plans. Before we get into what that means, some background is in order.
Medicare consists of four parts — Part A, Part B, Part C and part D. The majority of Medicare enrollees have Part A and Part B. In addition they may have an employer-sponsored supplement or a Medigap policy to go along with Part A and Part B. The fourth part of Medicare is Part D or prescription drug coverage. Most people think that the “D” in Part D is because of the word “drugs.” Actually it’s because there is a Part C. Part C is the Medicare Advantage program. It was started in 2003 as part of the Medicare Modernization Act — the same Act that created the Medicare Part D prescription drug coverage. Medicare Advantage Plans have been around for some time. Before 2003 they were known as Medicare + Choice Plans. With Medicare Advantage, Medicare pays a private insurance company to take over and administer someone’s Medicare benefits. That person is still a part of the Medicare system. He or she doesn’t leave the system. A person is simply now receiving his or her benefits from a Private company not the Government.
Medicare will be getting a massive stack of mail over the next few months. From November 15, 2008 through December 31, 2008, those eligible for Medicare have the option to change existing Medicare Advantage Plans and/or Medicare Part D. This period is called the Annual Election Period or AEP.
There is also another period of time from January 1, 2009 through March 31, 2009 that is called the Open Enrollment Period or OEP. During OEP, a person can enroll in Advantage but cannot change Part D status, meaning if there is just a Part D, a change or cancellation to the drug Plan cannot occur at this time. If there is a Medicare Advantage Plan which includes Prescription Drug Coverage (MAPD), a change can be made by purchasing another MAPD. Or, if there is just prescription coverage, an MAPD can be purchased. Going the other direction from an MAPD to prescription coverage only, is not allowed.
On April 1, 2009 and thereafter, Medicare institutes a lock-in period. During this time, no changes to drug coverage or an MAPD are allowed. As with most government programs there are a few exceptions to the rule. If a person has moved out of the area the plan operates in, or if a person becomes a resident in any long term care facility, or if a person involuntarily loses coverage, that person can enroll for new coverage under a Special Election Period or SEP. Finally, most people who are eligible for or who are on Medicaid can change coverage whenever they choose.
So why the big deal? Why does someone need to be aware each year of what is going on? The reason is the insurance companies that sponsor the Medicare Advantage and the Part D Plans have the option to change what they offer each year. Changes may come as a result of directives from Medicare, from previous years’ claims experience, or from a multitude of other issues. Asking 10 people if there are pending changes to the plans they are in will result in 9 of them replying they have received notice of adjustments or premium changes. However, not all changes are for the worse. There are some instances where the plans have gotten better. Nevertheless, from year to year most plans will have changes. Sometimes a plan may pull out of an area thus forcing an individual to make an unwanted change.
Medicare allows the Advantage companies to start marketing their plans to the public on October 1 and the companies can release information on intended changes to existing plans. For any pending changes, a beneficiary should receive an Annual Notice of Change (ANOC.) Most people will receive this document in November. People need to take the time to review changes. They need to be aware of the plan they are in and the benefits it provides when they might need to use the coverage.
Medicare Advantage Plans can be a great fit for many Medicare enrollees. As with anything, one size does not fit all. During the six-week period when changes can be made, people owe it to themselves to evaluate their options. In the past, many Advantage Plan companies made a big push during this change period to move people out of existing plans and into new ones. Medicare has changed the rules on how companies can induce people to change. In the past, seniors were invited to attend presentations where they received free meals as an inducement to attend. Starting in 2009, only snacks can be provided. Preliminary indications are that pie and coffee are on the menu. Personally we like Pecan pie and free pie is good pie.
On the National Care Planning Council website, at www.longtermcarelink.net, is a link to all medicare approved advantage plans in every state. All the plans listed in an area can be found there. Finally, those people who need help or who are facing changes should contact Ms. Kim Wellington, Director of Community Outreach at Hanlon Niemann at kwellington@hnlawfirm.com, or Fredrick P. Niemann, Esq. at fniemann@hnlawfirm.com.