ELDER LAW: Veterans Benefits, Medicaid, and Long-Term Care Planning
Help Your Clients Prepare for Future Continuing Care Needs
With growing numbers of baby boomers entering retirement age and thousands of U.S. soldiers returning home, there are both the need and new opportunities for long-term planning for health and continuing care benefits. Are you up to date on the latest and most effective elder law procedures and strategies? Our faculty offer their experience-wrought techniques for qualifying clients for benefits while preserving their wealth. Don't miss this opportunity to get up to speed - register today!
- Make the best use of LTC funding options and strategies, including Medicaid, insurance and veterans benefits.
- Get the knowledge you need to represent your clients before the U.S. Department of Veterans Affairs.
- Consider age and health factors for deciding when to buy long-term care insurance.
- Find out how to interpret current Medicare rules and limitations.
- Learn how to handle various asset transfers to protect your clients' interests while still qualifying them for Medicaid.
- Identify when to use private or commercial annuities in Medicaid planning.
- Explore effective ways of protecting your client's home.
- Understand the rights of returning veterans as well as long-term disabilities that can affect their return to civilian life.
- Get an experienced guide to help you navigate the VA benefits system from initial claim through the U.S. Court of Appeals for Veterans Claims.
- Help both veteran and employer clients in avoiding the minefields of USERRA and SCRA.
- Keep up to date with the latest opinions for long-term care funding - and help your clients live fulfilling lives.
MORNING SESSION: TOP ELDER CARE PLANNING STRATEGIES
- How to Pay for Long-Term Care
9:00 - 9:25, Jan Sedlacek
- Private Pay
- Long-Term Care Insurance
- What is LTC Insurance?
- LTC Insurance Options
- DRA Partnership Policy Provisions
- Limitations on the Medicare Program
- Medicaid Benefits
- Lifestyle Issues
- Medicaid Eligibility Requirements and Exceptions
9:25 - 9:50, Mark Levin
- Basic Medicaid Eligibility Rules
- Exempt Assets
- The Five Year Look-Back
- How to Calculate the Medicaid Penalty Period
- Treatment of IRAs and Retirement Accounts
- Estate Recovery Considerations
9:50 - 10:15, Mark Levin
- Planning for Long-Term Care after the DRA
10:30 - 10:55, Mark Levin
- Exempt Transfers
- Purchase of Exempt Assets
- Planning with Promissory Notes and Annuities
- "Rule of Half" Planning
- How to Protect the Community Spouse
- Outright Gifts
- Gifts to Trusts
- Tax Considerations
10:55 - 11:30, I. Richard Ploss
- Impact of EGTRRA Sunset Provisions
- Exemptions from Federal Estate Taxes
- Impact on Step-Up in Basis for Capital Gains Taxes
- Sensible Planning for Elderly Individuals to Avoid Estate Taxes
- Gift Taxes
- Protecting the Family Home
11:30 - 12:00, Mark Levin
AFTERNOON SESSION: OBTAINING VETERANS BENEFITS
- VA Law, Benefits and Practice in a Nutshell
1:00 - 2:00, William S. Greenberg
- Practice Before the U.S. Department of Veterans Affairs
- Relevant Statutes and Regulations
- Uniform Services Employment and Re-Employment Rights Act
- Federal Tort Claims Act
- Servicemembers Civil Relief Act
- Typical Clients and Common Medical Conditions
- VA Benefits
- Disability Compensation
- Benefits for Families of Living or Deceased Veterans
- VA Health Care and Home Assistance
- Other VA Benefits
- The Interplay of Veterans Benefits and Social Security Disability Program
- Applying for Benefits: Claims Procedures and Tactics
2:00 - 2:30, William S. Greenberg
- Eligibility Criteria
- What to Look for in Your Client's File
- Filing Procedures and Timelines Step by Step
- Supporting the Claim
- Obtaining Records
- Medical Opinions: VA Physician vs. Private Expert
- What Can Go Wrong and How to Fix It
- Appealing the Denial of Benefits
2:45 - 3:15, William S. Greenberg
- Notice of Disagreement and the DRO (Decision Review Officer) DeNovo Process
- Appealing to the Board of Veterans Appeals
- Succeeding in a BVA Hearing
- Review and Analysis of the BVA Decision
- Taking the Claim to the U.S. Court of Appeals for Veterans Claims
3:15 - 3:35, William S. Greenberg
- Existing VA Benefits Adjustments, Record Correction and Discharge Upgrades
3:35 - 4:00, William S. Greenberg
- Attorneys' Fees Rules in the Veteran Law Practice
4:00 - 4:30, William S. Greenberg