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The Elder Care Law Alert

Marshall & Associates' E-mail Newsletters

2004

 

Elder Care Law Alert

                                August 12th, 2004 Issue 

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Jersey Shore, Williamsport, Wilkes-Barre

1-800-401-4552

www.paelderlaw.com 

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The Elder Law Firm of Marshall & Associates is a recognized leader in providing coordinated legal and elder care planning services to older adults and their families throughout Pennsylvania.

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In this Issue

1.   More Tips for Saving on Prescription Medications

2. VA Right to an Attorney Act of 2003

3. Series HH Bond Exchange Option Ends August 31st

4.  Paying for Long Term Care Presentation in Lewisburg

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More Tips for Saving on Prescription Medications

Written By: Geriatric Planning Specialist Lisa Barner
According to a study released by Families USA, drug prices paid by seniors using the new Medicare prescription drug discount cards are no better than they could get without a Medicare card.  So, how can seniors find savings on the soaring costs of prescription drugs?  Here are a few tips:

Free Drug Programs - Most major drug companies provide free medications in some circumstances.  An estimated two billion dollars of free medication is given away each year.  However, people do not know that these programs exist.  There are more than 100 companies that offer a free drug program.  For more information, including a complete list of the programs and drugs, go to www.institutedc.org.

Request a 7 Day Supply - If your physician prescribes a new medication, ask for a sample first.  If the doctor does not have samples, ask for a prescription for only one week.  It is a federal law that once a medication is dispensed, it can not be returned.  So, if you get a 30 day supply, and can not tolerate the medication, you cannot return it.

Buy a 90 Day Supply - Most pharmacies offer a savings on a 90 day supply versus buying a 30 day supply.  In addition to this, if there is a co-payment with your insurance coverage, you may save money by purchasing a 90 day supply. 

Review Your Medications - Review your medications with your doctor at each visit.  There may be medications that you no longer need.  In addition to this, it is a good idea to review your list with your pharmacist as well.

Ask Your Doctor for Free Samples at Every Visit!

Cross the Border - You can purchase some of your medications across the border in either Canada or Mexico for up to 75% of the price in the U.S. (Warning: the legality of importing drugs from other countries is open to some question, and quality concerns exist.  See previous articles on this subject in the Elder Care Law Alert.)

Order On-Line or By Mail - Use an online or mail order pharmacy. They offer competitive pricing on hundreds of the most popularly prescribed medicines as well as over the counter medications. 

Pharmacy Discount Cards - Most pharmaceutical companies and chains offer discounts to their customers.  These programs often have income limits (but sometimes do not) and co-payment requirements.  You can find more information about these programs at www.rxhope.com and www.needymeds.com.  Or visit our website at www.paelderlaw.com for information on some of these programs. 

Lisa Barner can be reached at lbarner@paelderlaw.com or at 1-800-401-4552.


VA Right to an Attorney Act of 2003

Written By:  Attorney Kathy A. Kron

Should veterans have the right to an attorney to help them apply for benefits from the VA?  From the Civil War era until not so many years ago, veterans were only allowed to pay an attorney a maximum of $10.00 to help them navigate through the VA system to receive their well-deserved benefits.  In 1988, this restriction was changed to allow attorney fees to be paid for representation from a final decision by the Board of Veterans Appeals.  

To give you an overview of the process, a veteran submits a claim to the closest regional office.  The appropriate steps are taken, and there is a decision made as to the request for benefits.  Depending upon the benefits, this could take from 4-8 months.  If the veteran does not like the result, he or she can appeal this decision by submitting a Notice of Disagreement to the regional office.  The regional office may be able to address the issues and resolve the appeal at that level.  If not, and the veteran wishes to continue, the claim is sent to the Board of Veterans Appeals where they will look at the same evidence and decide whether an error has been made at the regional office.  The Board will render their decision, which could be years from the date the initial claim was filed.  At this point, if the veteran still does not agree with the decision, then he or she can hire an attorney to assist in the appeal.

Under the current system, when veterans are finally allowed to hire counsel to assist them, the claim has been in the system for many years.  Often, these issues could have been resolved at the regional level in a relatively short amount of time but the veterans do not have the assistance they need to do so.  There are veterans service organizations to assist in this process who do not charge fees, but these individuals are overloaded with veterans who need assistance. 

For many veterans this means that they do not get the benefits to which they are entitled. They are going up against the "VA"-- a government entity with an army of lawyers.  To many, it feels like David and Goliath.  The system was originally established so the VA could hire individuals to help veterans with their claims and not have to pay an attorney for "free" benefits. While this is a wonderful philosophy in theory, in reality veterans may end up getting the full 100% of an award, nothing, or a much reduced award.  Most veterans don't even know what they are entitled to and are apprehensive about asking for more benefits.  Others are afraid that the benefits they did manage to get may even be reduced.

Over the years many advocates have tried to convince the VA to come to its senses and acknowledge that veterans should have a choice as to whether or not they want to have an attorney help them navigate the system.  There is currently legislation in the Subcommittee on Benefits that would allow veterans to pay fees for attorney services during any stage of the claims process.  If this legislation is enacted, veterans may finally be able to feel like they are not alone in trying to get the benefits to which they are entitled.

For more information on the bill, go to: 

http://www.military.com/MilitaryReport/0,12914,VR_Action_071204,00.html?ESRC=vr.nl


Series HH Bond Exchange Option Ends August 31st

Written By:  Attorney Jeffrey A. Marshall , CELA*

Series HH Savings Bonds will no longer be offered after August 31, 2004 . This means you need to act immediately if you are interested in exchanging your E or EE Bonds for HH Bonds.  After August 31st you will no longer be able to continue to defer income taxes on matured Series E or EE Bonds by swapping them for Series HH.  Bonds can be exchanged through many banks and credit unions.  

You may want to consider whether an exchange of EE Bonds is right for you given your individual situation.  EE bonds that have many years until maturity probably should not be exchanged since they may earn more interest than the paltry 1.5% paid by Series HH bonds.  However, there are many other factors to consider.  For more information on Series EE and HH Bonds go to the Bureau of Public Debt's website at http://www.publicdebt.treas.gov/

The Government will continue to honor existing HH Bonds until their maturity.

Attorney Marshall can be reached at webmail@paelderlaw.com or at 1-800-401-4552


Does Your Club Or Organization Need A Speaker?

If you are interested in having an attorney or geriatric planning specialist from

The Elder Law Firm of Marshall & Associates speak to your group, or at an upcoming event, please contact

our Public Ed ucation Coordinator,  Melissa Bottorf

at mbottorf@paelderlaw.com or 1-800-401-4552


 "Paying for Long Term Care" Presentation in Lewisburg

G etting good information about options for long term care is critically important for seniors. Four out of every ten people reaching age 65 will spend some time in a nursing home and many more will require home care and assistance with daily living.

The Elder Law Firm of Marshall & Associates is known throughout Pennsylvania for the expert help we provide seniors who are faced with long term care needs. We help families struggling to care for their loved one at home find the programs and financial help they need.  

If nursing home placement becomes necessary, we work with the facility to help make the transition go as smoothly as possible. We make certain that the nursing facility gets paid in a timely manner while helping the family qualify for government programs that help pay the costs.  

Marshall & Associates occasionally holds free educational forums to help educate families about the options that are available to pay for long term care in the home or a nursing home.  Join us for one of these free presentations and learn what you need to know about how to get the help you need and protect your family's financial security when your spouse or parent is faced with a long term illness.               

Each presentation is FREE and open to seniors, their families, elder care professionals, and anyone else who needs to learn more about this complex subject.  Each presentation lasts about 1 ½ hours, including a "Question & Answer" Session.  

 

  - Thursday, September 16th, 2004 at 6:30 PM

Evangelical Community Health Center

Rte 15, Staples Plaza

Lewisburg

 

Reservations are suggested, but not required.  SIGN UP ONLINE or call 1-800-401-4552 for more information or to reserve your spot for one of these free seminars!


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*Attorney Marshall is certified as an Elder Law Attorney by the National Elder Law Foundation under authorization from the Pennsylvania Supreme Court

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