How the New Health Care Reform Will Affect Seniors

Posted on July 30, 2010, by Joseph E. Balmer

health_reform.jpgThere remains great concern among seniors about how the new Health Reform Law will affect them, and it will be years before the true effect of the law among this group of citizens is known.  However, some aspects of the law are clear, and the hope is that the overall positives will outweigh the negatives when all is said and done.

Among the negatives are broad cuts in projected Medicare payments to insurance plans, hospitals, nursing homes, and other service providers.  Although many projections have been made, this is one area in which it is too early to evaluate the size of reductions or its effect.  Another negative is that those seniors enrolled in private insurance plans under Medicare Advantage will likely face higher premiums and reduced benefits.  Prior to passage of the new law, private insurers were subsidized by the government to manage Medicare programs on the government’s behalf.  The government will begin lowering the subsidies to these private plans likely resulting in higher premiums to the insured.  Also, although basic Medicare benefits will not be reduced, extras such as eyeglasses may be reduced or eliminated.

There are also significant benefits for seniors in the new health reform law.  One is the elimination of the drug prescription “doughnut hole”.  The “doughnut hole” is a gap in Medicare prescription coverage that begins when an individual has spent the first $2,830 of prescription expense in a year and continues until he/she has spent $4,550 when Medicare begins paying 95% of the expense.  This year, seniors will receive $250 to fill the “doughnut hole”.  Next year, seniors who reach the “doughnut hole” will receive a 50% discount on brand-name prescriptions and 7% on generics.  The gap will narrow each year until 2020, when the “doughnut hole” will disappear entirely.

Another benefit for seniors is expanded wellness and preventive care coverage.  Beginning in 2011, many preventive services will be available at no charge for seniors who receive Medicare.  Mammograms and other cancer and diabetes screening will be available at no charge. Also available at no charge will be annual wellness visits, allowing for individuals to receive health risk assessments and personalized prevention plans.

Other highlights of the plans, which will or may affect seniors are as follows:  basic Medicare benefits will not be cut; those with preexisting conditions will be able to get insurance coverage through the government until 2014, at which time all insurance plans must cover pre-existing conditions; makes health insurance more affordable for some-starting in 2014, many individuals and families will get tax credits to help them purchase insurance coverage.

It is still very unclear how Medicare cuts will affect the quality of as well as the cost of private health insurance.  Chris Pulos, a principal at Brower Insurance Agency in Dayton, is very knowledgeable on this subject. He has spent extensive time reading and reviewing every page of the law.  Pulos shared his thoughts and said, “Although this Bill is now law, the situation is still fluid.  I believe over the course of the next few years there will be many changes to the legislation.  As we approach 2014, (where the real teeth in this Bill exists) our politicians and the public will have to address and maneuver through the complexities of executing the provisions within the law; and we are hopeful that they will be able to simplify this process for the public good, prior to that target date.”  We all hope that the new health care reform will overall put the Medicare program in a better position over the long term than it has been before or would be without the reform legislation. Time will tell.


Location of Military Service Records and How to Obtain Them

Posted on July 24, 2010, by Robert L. Mues

nat_arc1.jpgOne of my all time favorite family law blogs is Updates in Michigan Family Law written by Attorney Jeanne M. Hannah. I read her posts every week even though thinking about Michigan gives me a twinge of pain as a “Buckeye”.  Nonetheless, her posts are always informative and excellent! She recently posted on a topic that I felt would be of interest to our readers, especially since our law office is only a few miles from Wright-Patterson Air Force Base. With Jeanne’s kind permission, I have republished her article below.

There are times when, in a family law case, it is important to have the military personnel records of a service member. Some records from personnel files are available and stored in various locations; some records are of a medial or mental health issue. Those are kept in other locations. Some of those may be unavailable.

Most veteran’s records are stored at the National Archives and Records Administration’s National Personnel Records Center, Military Personnel Records (NPRC-MPR). This includes records of veterans who are completely discharged (with no remaining reserve commitment), or who are retired or have died.  Starting in 1995, the service departments gradually began retaining their personnel records in electronic format and all but the Coast Guard now have stopped transferring them to NPRC-MPR.  NPRC-MPR does not have records of members who are still in the active or inactive reserves or in the National Guard.  The locations of most personnel records are listed by service branch.

nat_arc2.jpgMilitary Personnel Records:

Older military personnel records (generally prior to WWI, depending on the service branch) are on file at the National Archives and Records Administration, Old Military and Civil Records Branch (NWCTB), Washington, DC 20408.  See How to obtain copies of Older Military Records for more information.

Approximately 16-18 million Official Military Personnel Files pertaining to certain Army and Air Force service members were destroyed in a disastrous fire at NPRC (MPR) in 1973. Alternate record sources are used to reconstruct basic service information destroyed in the fire.

Most Official Military Personnel Files at the National Personnel Records Center (NPRC) prior to 1992 contain both personnel and active duty health records. Health records cover outpatient, dental, and mental health treatment which a former member received while in the military service.  Health records documents include induction and separation physical examinations, and routine medical care (doctor/dental visits, lab tests, etc.) when the patient was not admitted to a hospital.

In comparison, clinical (hospital inpatient) records are NOT filed with the health records but are generally retired to NPRC (MPR) by the hospital or facility which created them. Other medical records which would not be included are Department of Veterans Affairs (VA) records, or records for service after 1992 (detailed below).

The practice of filing health records with the personnel record portion has been discontinued.  In 1992, the Army began retiring most of its former members’ health records to the Department of Veterans Affairs (VA).  The other services made this change on the dates shown below:

Branch

Status

Health Record To VA

Army

Discharged, retired, or separated from any component

October 16, 1992

Air Force

Discharged, retired, or separated from Active Duty Discharged or retired from Reserves or National Guard

May 1, 1994 June 1, 1994

Navy

Discharged, retired, or separated from any component

January 31, 1994

Marine Corps

Discharged, retired, or separated from any component

May 1, 1994

Coast Guard

Discharged, retired, or separated from Active Duty – Reservists with 90 days active duty for training

April 1, 1998

After the dates shown on the chart above, the Department of Veterans Affairs (VA), Records Management Center , St. Louis, MO, maintains the active duty health records or manages their whereabouts when on loan within the VA.  Call the VA toll free number at 1-800-827-1000 to identify the current location of specific health records and to find out how to obtain releasable documents or information.

Filing Medical Claims

Veterans who plan to file a claim for medical benefits with the Department of Veterans Affairs (VA) do not need to request a copy of their military health record from NPRC (MPR). The original health records are provided by the Center when requested by the VA after the claim is filed. Many health records were lent to the Department of Veterans Affairs prior to the 1973 fire.

Veterans who filed a medical claim should contact the Department of Veterans Affairs (VA) in order to determine if their record is already on file. The VA Toll Free # is: 1-800-827-1000 and will connect the caller to the nearest VA office.

To read Jeanne’s original article posted on Updates in Michigan Family Law, click here.


The Importance of Financial Planners for Clients Facing Divorce or Dissolution

Posted on July 17, 2010, by Anne Shale

fin_divorce.jpgI generally begin my articles for our Family Blog Web Site with a definition of the topic or subject that I am addressing, and this month’s article will not deviate from that practice.  Finance is defined by Webster’s New World Dictionary as being “the science of managing money”.  And, Financial Planner is defined by Wikipedia as “a practicing professional who helps people deal with various personal financial issues through proper planning, which includes but is not limited to these major areas: cash flow management, education planning, estate planning, investment planning, risk management and insurance planning, tax planning, estate planning and business succession planning (for business owners).  The work engaged in by this professional is commonly known as personal financial planning.  In carrying out the planning function, he or she is guided by the financial planning process to create a financial plan – a detailed strategy tailored to a client’s specific situation, for meeting a client’s specific goals.”

Jay Buckingham, CFP, of Buckingham Financial Group has been my personal Financial Planner for over ten (10) years.  In order to assist me with the preparation of this article, I recently met with Jay to discuss his role as a Financial Planner.  I learned that Financial Planners must have an educational background associated with being or having an MBA (“Masters in Business Administration”), a CPA (“Certified Public Accountant”) and/or a CFA (“Certified Financial Analyst”).  A person who wants to become a “Financial Planner” generally obtains the necessary degree(s) and then typically works for another certified Financial Planner to obtain experience in the field. He stated to me that the majority of his clients are females and the average age of his clients is in the early to mid-sixties range.  While I, as a divorce attorney, may see my client(s) through his or her divorce, Jay’s goal is to maintain a relationship with his client(s) through the end of the client’s life span, with a focus upon appropriate strategies about managing assets to pay for present and future living expenses, including planning for retirement.

My Motives for Seeking a Financial Planner:

I was in the midst of post-Decree marital turmoil and was very concerned about my financial well-being.  I had been in a long-term 30 plus year marriage; and, I had been married to a man who had always handled the finances, who had always done the income tax returns, and who had always made all the financial decisions in the marriage.  When two parties divorce, unless both parties are independently wealthy, there will be serious economic consequences for each!  In a marriage there is one set of living expenses (including mortgage or rental payment, utilities, taxes, automobile insurance, groceries, etc). But, when there is a divorce or dissolution, there are two persons having separate living expenses and often not enough money to go around.  While a Husband and Wife earning a total of $100,000 may be comfortable with payment for all of the expenses outlined above, each party individually having income of $40,000 to $50,000 may indeed struggle to meet their monthly living expenses. And, if you have individuals having a combined income of $30,000 to $40,000 who are facing a termination of marriage, the economic consequences are certainly magnified. Quite frankly, one or both parties may have to seek financial assistance from family members or state or county agencies to meet monthly housing and living expenses.  In our present economy, I have seen both Husbands and Wives working a full-time job and then trying to get a part-time job just to attempt to “make ends meet” ! Cutting expenses and creating a “leaner” budget is not easy.

Some Ways to Utilize the Services of a Financial Planner:

Income Tax Services

My income tax returns are prepared by experts in the field and I am advised of ways that income taxes can be saved. For example, in recent years, Jay advised me about how to maximize savings and contributions to a 401-K Account and, later, to a Roth IRA Account in order to accomplish financial goals.  While I wanted to continue paying a mortgage and real estate taxes in order to earn income tax deductions, Jay counseled me that it would be more beneficial to “pay off” the mortgage in full and then to contribute the former mortgage payment to a retirement account.

Although Divorce Decrees and Final Decrees of Dissolution contain the “standard language” that spousal support shall be tax deductible to the Obligor (usually the Husband) and tax includable to the Obligee (usually the Wife), most Wives/Obligees do not know that they must pay quarterly income taxes on the spousal support they receive.  Without prior planning for payment of quarterly income taxes (federal and state), the Wives/Obligees could be unpleasantly surprised to find they owe more monies to the IRS and/or to the Treasurer of the State than they had imagined.

Financial Management Services

I do not have the time or the inclination to learn more about the stock market, the Dow Jones Average, and/or NASDAC and/or how they work.  I know that at the present time our stock market has been very volatile.  My Financial Planner and his staff undertake the study and analysis of the stock market as their daily/weekly function.  This is what financial planners “do”! A good financial planner will advise the client about good investment opportunities and as to investment opportunities to avoid.

Cash Flow Management

My financial planner and I frequently discuss my monthly income versus my monthly expenses. Are there any expenses that can be reduced in order to provide for increased savings?  Are there any monthly expenses that can be eliminated entirely?  Adhering to a monthly budget is necessary to keep savings and retirement accounts intact and growing for later years.

Estate Planning

Share your estate planning wishes with your planner. My Financial Planner knows that I have a recently revised and updated Last Will and Testament in place and that I have a General Durable Power of Attorney (for business decisions), a Durable Power of Attorney for Health Care (for end-of-life health care decisions), and a Living Will in place.  We have discussed my present financial goals and my retirement goals and there is a plan “in place” that is working for me and my immediate family.  The knowledge that I have the involvement of a Certified Financial Planner to assist me with all of the foregoing services is indeed a “comfort” to me! Also, be sure to take note that all people who hold themselves out as “financial planners” are not the same. Be sure to look at their education and certification. A “Certified Financial Planner ™” is an individual who has met CFP Board’s education, examination and experience requirements, has agreed to adhere to high standards of ethical conduct and who completes CFP Board’s biennial certification requirements, including continuing education.

Our firm works regularly with many financial planners, accountants, psychologists and other professionals to aid our clients who are going through a divorce or dissolution. We believe a “holistic” and “multi-disciplinary” team approach is often essential to properly assist our clients in transitioning to becoming single.

For more information about Certified Financial Planners ™, click here. If you wish to learn more about Jay Buckingham, CFP, or Buckingham Financial Group, click here.


Thoughts about Your Divorce Day


div_day2.jpgJust as each marriage is unique, so is each divorce. Your reaction to the final legal decree will vary from that of others going through this process. Your feelings will be based on your own special circumstances and will depend upon a number of factors:

  • How reconciled you are to the divorce.
  • How much time has passed between the filing of the original papers and the final day.
  • How much acrimony still exists with your spouse.
  • How much rebuilding of your own life you have already done.

Divorce Day can bring about a myriad of feelings, ranging from extreme sadness to exuberant joy to calm indifference. By knowing yourself and your own feelings about your situation, you can predict, to some degree, how you will feel.

Here are some tips for preparing for your day in court:

  • Make a trial run the day before so you know how to get there and where to park. This can help with any anxiety you may have about getting lost or finding parking.
  • Ask your lawyer to explain exactly what will happen on the final day. Will your lawyer be there? Will you have to testify? Will your spouse? Ask any questions you may have. Don’t worry if you sound silly. You are not supposed to know all the answers. That’s why you hired a lawyer in the first place!
  • Bring someone – a close friend, a sibling, a parent – someone who is supportive and knows the situation. (But do not bring your children-even your adult children!)
  • Make sure you eat a good breakfast that day. You don’t want to pass out in court! Bring gum or life savers. Our mouth tends to get dry when we are anxious. Also bring a book, knitting, or crossword puzzle, or something else to occupy your brain. You may have to wait a while and having something to distract you can help lessen your anxiety and help the time pass quicker.
  • Wear something you don’t particularly like. This is especially true for women who often report they are surprised to discover they never again want to wear the outfit they wore to court. They think of it as their “divorce outfit” and simply want to throw it out.
  • Plan something for after court such as going to lunch with some friends. You can always cancel it if you feel like being alone, but it offers a “cushion” or “safety net.”
  • Plan something social for your first weekend as a single person.
  • Plan a divorce ritual. Anything goes, but do something! This isn’t necessarily a celebration (although it can be!) but rather a way to mark a significant event in your life.A word about your kids – They need not be aware of the actual day of the divorce. It will only fill them with anxiety and trepidation. For children, the divorce begins the day one parent moves out. The rest of the stuff is legal, grown-up stuff. Let your children have an ordinary day and go about their plans as scheduled.

    Finally, prepare for your day in court with courage and dignity. A positive attitude will make this experience easier and help you stay focused on the process as it unfolds.

    donnabio.jpg
    ©2010. Donna F. Ferber, LPC, LADC, is a licensed psychotherapist in Connecticut. Her newest book is available at bookstores everywhere, Amazon.com or at www.profileactics.com. This article is from her first book, From Ex-Wife to Exceptional Life: A Woman’s Journey through Divorce, which won an Honorable Mention Award by the Independent Publishers Association. To read more about the author and her work, please visit www.donnaferber.com


A Reprise of “The Red Ones Are The Best!”

Posted on July 3, 2010, by Robert L. Mues

4thj.jpgSome holidays warrant special attention.  Independence Day is certainly one of them.  Last year, I wrote an article for the occasion which I dedicated to my Aunt Marion.  In it, I shared some meaningful personal memories and experiences.  I have decided to repost it, but this year I want to dedicate it to a wonderful client I represented this past year through a very long and difficult divorce.  “Jane” is one of my all time favorite clients!  In part, due to her class, intelligence, grace and the exceptional humor she exhibited throughout the proceedings which hit her from “left field” and ended a 19 year marriage.  Together, we worked through each painful issue step by step to trial.  She and I connected . . .   So, why do I mention this?  Well, Jane became a reader of the Ohio Family Law Blog and grew up in Maine, like my Aunt Marion.  Jane read the 4th of July article I wrote and after her case was done, Jane made a generous donation of children’s books to both a local library and to Dayton Children’s Hospital in honor of my Aunt and as a “thank you”!  What a wonderful and exceptionally thoughtful gesture!  If you read my article below, you will see the reason Jane selected the gift of the children’s books.

Jane, as I have previously said, you are the best!  Much happiness to you in the future, and I hope you have a wonderful 4th!

The Red Ones Are the Best!

4thj.jpgIt seemed appropriate that I should write something for the blog geared towards the “Birthday of America”. In the past, I liked to reflect upon the holidays and tried to find some correlation between the specific holiday and my family-law practice. Not always an easy task without becoming repetitive in discussing how to celebrate the day in the aftermath of a traumatic divorce.  So, as I pondered possible themes, I considered offering a bit of a twist on “Independence Day”. Or, perhaps, writing a patriotic post about America and the importance of family values.  In the end, I decided to go in a different direction.

As I think about this holiday, it brings back many fabulous memories. As a child, it was in my top two or three yearly holidays. I loved that it was the official start of summer and school was over. Warm weather was here and a family vacation was near. Having grown up in New Jersey, I loved cookouts with family, seeing friends at the pool, or even better, going “down the shore”. Riding the waves, salt-water taffy, the boardwalk, and of course, sunburn.

Being 55 years old, I remember fireworks galore exploding in ways that were not safe in light of today’s standards. And I mean having to smack out live embers which landed in your hair or your lap. Oh, what memories…So you ask, what does the title of this post have to do with anything? Well, I will tell you. Now the greatest 4th of July memory for our family is synonymous with one particular Independence Day. Not at the Jersey Shore this time, but a trip to another of my childhood favorites – North Waterford, Maine, and the Five Kezar Lakes. Frog gigging, fishing, bonfires, fresh lobsters, water-skiing and swimming in the pristine, crystal-clear lakes. Absolutely remarkable!

While the serene natural pine tree-filled Maine environment is remarkable, it did not compare to the events of this one particular 4th of July evening.  My sons were probably 11 and 12 years old at the time. After a great day outdoors with our family, cousins, and my Aunt and Uncle, we drove to the Oxford Plains Speedway in Oxford, Maine. Not our family’s usual activity, but what the heck. We are always up for something new especially if it has a local flair.  As I recall, Shirley Muldowney raced in her jet-propelled pink dragster against “Big Daddy” Don Garlits that night. The intense heat generated from the dragsters could be felt throughout the grandstands! After that we then experienced the thrill of a sensational high-impact, collision-filled demolition derby. But the highlight of the night was to follow. We were immediately engulfed with fireworks literally exploding right on top of us launched from the infield of the speedway! You had to lie down in the bleachers to see the blasts since they were right over your head. My cousin, an honored VietNam veteran, must have had flashbacks at the time. The announcer then proceeded to give a “play by play” for each firework shot in the air, repeatedly exclaiming over the loudspeaker with his distinctive Maine accent, ”the red ones are the best!”  How right he was! To this day, my sons always repeat the story about the speedway fireworks every time they see any fireworks!

Thinking about this wonderful memory of Maine and Independence Day not only reminds me of that spectacular firework display but of the close relationship and love I enjoy with my Aunt Marion, who lived in Maine at the time.  She is a talented, feisty and independent lady, much like her sister, my Mom. While employed, my Aunt was, among other things, a passionate librarian who had a love for well-written children’s books. She enjoyed reading them to all the kids.  So in honor of her I say, “Happy 4th of July, Aunt Marion. You will always be in my heart.”

Also, feeling that I must deliver some valuable information to our blog readers rather than just sharing my own memories, and as a tribute to my Aunt, please click here to see a wonderful list of children’s books written about the 4th of July compiled by James R. Heintze, author of “The Fourth of July Celebrations Database”.

Happy 4th of July everyone! May it be truly memorable!


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Ohio Family Law Blog - For Ohio Families Looking For Divorce And Family Law Information

Holzfaster, Cecil, McKnight & Mues, LPA, 1105 Wilmington Ave, Dayton, Ohio 45420
Phone (937) 293-2141, Fax: (937) 293-0914, Email: mues@hcmmlaw.com

Ohio Divorce Lawyer & Attorney : Robert L. Mues, the Managing Partner of Holzfaster, Cecil, McKnight & Mues, provides professional legal services relating to all aspects of domestic relations and family law, including divorce, dissolution, custody, parenting time, child and spousal support, paternity and interstate matters throughout Southwest Ohio from the cities of Dayton, Oakwood, Kettering, Centerville, Springfield, Troy, Xenia, Beavercreek, Springboro and Lebanon to the counties of Montgomery, Greene, Clark and Warren.

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