Michael Cohen Dallas Elder Lawyer

29 Oct Michael spoke at the Baylor Institute for Rehabilitation

Posted at 16:35h in Disability Benefits, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Social Security

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On October 13 Michael B. Cohen spoke at the Baylor Institute for Rehabilitation on issues including Social Security Disability Income (SSDI), Medicare, Supplemental Security Income (SSI), the Medicaid Buy-In and other Medicaid programs. We are currently scheduling speaking engagements for 2016. Please call our office if...

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09 Sep Happy 80th Birthday Social Security!

Posted at 06:00h in Beneficiary, Estate Planning, Michael Cohen Dallas Elder Lawyer, Retirement, Social Security, Taxes

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By Richard W. Jackson, CFP®, CRPC, Principal Schlindwein Associates, LLC     Having enough resources to maintain one’s lifestyle throughout retirement is a major concern for most retirees. Social Security income can play a vital role in enjoying a comfortable retirement. With this in mind, the following provides a brief history...

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12 Aug ALZHEIMER’S DISEASE: TEEN DEVELOPS DIAGNOSIS TEST

Posted at 06:00h in Alzheimer’s, Estate Planning, Long Term Care, Michael Cohen Dallas Elder Lawyer

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Although at the present time Alzheimer’s disease is determined by looking at the brain after death or through a series of tests, a 15 year old boy from England has developed a potential test of detection well before (as much as 10 years) symptoms appear. The...

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05 Aug SUPREME COURT UPHOLDS HEALTH INSURANCE SUBSIDIES – BUT SUBSIDIES ARE USUALLY LOST AT 65

Posted at 06:00h in Elder Justice, Medicare, Michael Cohen Dallas Elder Lawyer

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  On June 25, 2015, the U.S. Supreme Court protected the rights of consumers in all states, including states that did not set up their own health insurance marketplace to receive tax credits. Chief Justice John Roberts stated “Congress passed the Affordable Care Act to improve...

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26 May Tau Protein Found As Primary Cause of Alzheimer’s

Posted at 06:00h in Alzheimer’s, Michael Cohen Dallas Elder Lawyer

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MAYO CLINIC RESEARCH FINDS TAU PROTEIN (NOT AMYLOID) AS PRIMARY CAUSE OF ALZHEIMER’S DISEASE The Mayo Clinic has recently issued a finding that the tau protein as the primary cause for memory loss usually seen in Alzheimer’s disease. Previously, most believed the toxic protein called Amyloid...

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22 May VETERAN’S AFFAIRS (VA) PROPOSED RULE CHANGES

Posted at 06:00h in Assisted Living, Charitable Giving, Michael Cohen Dallas Elder Lawyer, Nursing Home, Veterans

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TAKES DEAD AIM AT OUR MILITARY VETERANS AND THEIR SURVIVING SPOUSES Do you think anyone in good health should be penalized for giving to a charity or their church? Do you think anyone should be penalized for an action that was legal at the time such...

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19 May Financial Advisors in Pennsylvania Can’t Be Lawyers

Posted at 17:42h in Michael Cohen Dallas Elder Lawyer

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PENNSYLVANIA BECOMES FIRST STATE TO STOP LAWYERS FROM BEING FINANCIAL ADVISORS The governing body to discipline attorneys in Pennsylvania, the Disciplinary Board of the Pennsylvania Supreme Court, has issued a prohibition against lawyers who are federally or state licensed financial advisors or insurance agents fr om recommending...

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14 Apr Bill Filed to Implement Able Act in Texas

Posted at 06:00h in Disability Benefits, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Quality of Life, Special Needs Trust

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A bill has been proposed to the Texas legislature to implement the Achieving a Better Life Experience Act (ABLE) which allows adults and children with disabilities whose disability occurred before age 26 to shelter up to the annual exclusion (presently $14,000 per year) into an...

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10 Apr SPECIAL NEEDS TRUST FUNDED BY IRAs

Posted at 06:00h in Beneficiary, End of Life Care Planning, Inheritance, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Retirement, Special Needs, Special Needs Trust, Trusts

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To Stretch or Not? According to a U.S. Census report, around 13 percent of our U.S. population who are not in an institution are disabled. It is anticipated with an aging population that over 50 million Americans are disabled. As a result, many plan for those...

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31 Mar Medicaid Transfer Penalty Divisor to Be Increased in Year 2015

Posted at 06:00h in Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home

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It is anticipated that the Texas Medicaid transfer penalty divisor will be increased to the rate of $162.41 for those who apply for long-term care Medicaid on or after September 1, 2015. Under the long-term care Medicaid Rules, it is presumed that if an applicant...

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27 Mar Long-Term Care Insurance Continues to Increase

Posted at 06:00h in Long Term Care, Michael Cohen Dallas Elder Lawyer, Nursing Home

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According to the 2015 Long-Term Care Insurance Price Index, long-term care insurance premiums increased approximately 8.6% in year 2014 as a result of higher claim costs and low interest rates. In year 2015, approximately $7.5 billion was paid in claims. The American Association for Long-Term...

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18 Mar IRAs UNDER ATTACK!

Posted at 06:00h in Beneficiary, Financial Powers of Attorney, Michael Cohen Dallas Elder Lawyer, Retirement

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President Obama has attacked Individual Retirement Account (IRAs) as indicated by his Fiscal Year 2016 Budget released two weeks ago. Although probably most provisions will not likely be passed by congress, it paints a clear picture what the administration would like to do. Although there...

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13 Mar Gift Tax Law Changes Proposed by President

Posted at 06:00h in Estate Planning, Financial Powers of Attorney, Michael Cohen Dallas Elder Lawyer, Taxes

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Under current law, a donor may give $14,000 per year, per person, without having to report such gift to the IRS or be subject to gift taxes. Furthermore in Texas (which follows the federal law), a donor can give an amount in excess of $14,000...

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09 Mar Special Needs Trust Fairness Act Reintroduced

Posted at 06:00h in Guardianship, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Quality of Life, Special Needs, Special Needs Trust, Trusts

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Although the Special Needs Trust Fairness Act did not pass in the last federal legislative session, it has been introduced again to overcome the present legal presumption that all disabled persons lack sufficient mental capacity to handle their own assets. As a result of a law...

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20 Feb Life (and death) Online

Posted at 06:00h in Michael Cohen Dallas Elder Lawyer

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What happens to your email account after you die or become incapacitated by illness? Your Facebook? The photos you’ve uploaded to Flickr or a private Instagram account? Your online banking? We used to keep our valuables and items of personal significance in safe deposit boxes,...

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13 Feb VA PROPOSES SWEEPING CHANGES TO PENSION RULES

Posted at 06:00h in Assisted Living, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Trusts, Veterans

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The Veteran’s Administration has proposed new rules for eligibility for VA pensions and the Aid and Attendance benefit which are often used by wartime Veterans or their surviving spouses to help pay for the cost of care such as assisted living facilities and nursing homes....

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06 Feb Medicare Changes in 2015

Posted at 06:00h in Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home

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It’s a new year and with it come a few changes to Medicare. The good news is that Medicare Part B premiums remain at $104.90 per month if your income is below $85,000, and if your income is above $85,000 your premiums for doctor visits...

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30 Jan OREGON FAILS IN ATTEMPT TO EXPAND MEDICAID ESTATE RECOVERY

Posted at 23:20h in Divorce, Estate Planning, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Special Needs, Special Needs Trust, Transfer of Death

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On November 26, 2014, the Oregon Court of Appeals decided that the state agency’s attempt to expand estate recovery (where the state goes after the resources of a Medicaid recipient after such person’s death) was improper. Oregon had amended its rules so that the state...

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29 Jan DISABLED CHILDREN OF MILITARY FAMILIES HELPED BY PASSAGE OF NATIONAL DEFENSE AUTHORIZATION ACT OF 2015

Posted at 23:16h in Guardianship, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Quality of Life, Special Needs, Special Needs Trust, Trusts

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As a result of the Congressional passage of the National Defense Authorization Act (NDAA) of 2015 on December 12, 2014, disabled children of military families have been given the right to have their parents’ survivor benefits to go into a special needs trust. Until this...

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28 Jan Veterans (or the Surviving Spouse of the Veteran) Get Small Benefit Increase in year 2015 for Care Cost

Posted at 21:54h in Assisted Living, Disability Benefits, Divorce, Michael Cohen Dallas Elder Lawyer, Nursing Home, Trusts, Veterans

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Veterans who served during wartime (not dishonorably discharged), or the surviving spouse of the wartime veteran, will be getting a slight increase (considered a pension) to be used for care at home, assisted living facilities or in a nursing home from the Department of Veterans...

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