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Elder Law

Elder Law Blog

Discusses all aspects of elder law and related topics. Intended for law profs and elder law attorneys.
By Kim Dayton

Post Frequency: 8/day

Last Entry: March 21, 2011 at 17:48:13

CRS Report: Medicare: FY2009 Budget Issues

Posted on February 21, 2008
Abstract: Each February, the President submits a detailed budget request to Congress for the following federal fiscal year, along with projections for the five-year budget window. The budget informs Congress of the President's overall federal fiscal policy, based on proposed...

PBGC to diversify in effort to cover liabilities

Posted on February 20, 2008
The Pension Benefit Guaranty Corporation, the US government-sponsored guarantor for pensions, plans to step up its investments in riskier assets such as equities as it seeks to plug a $14bn deficit. The move, quietly announced on the President?s Day public...

CRS report analyzes S. 2499, the Medicare, Medicaid, and SCHIP Extension Act of 2007

Posted on February 19, 2008
On December 29, 2007, the President signed S. 2499, the Medicare, Medicaid, and SCHIP Extension Act of 2007 (P.L. 110-173). This Act was passed by the House on December 19, 2007, and by a voice vote in the Senate on...

Hand-held Computers Prod Older Adults to Increase Exercise

Posted on February 19, 2008
Via the National Center on Aging: Today's younger generation may reckon that "ne'er the twain shall meet" where technology and their elders are concerned. However, ongoing research by Abby King, PhD, professor of health research and policy and of medicine...

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Dick Kaplan on Back to School: The New Parameters of Funding a Grandchild's College Education

Posted on February 19, 2008
Richard Kaplan (Illinois) has just published "Back to School: The New Parameters of Funding a Grandchild's College Education" Abstract: This article examines several different mechanism for funding college expenses from the perspective of a grandparent...

NCOA develops fact sheet for low income recipients of stimulus package $$

Posted on February 19, 2008
Source: National Council on Aging Fact Sheet: Your Clients Who Are Low-Income Social Security Recipients Must File 2007 Tax Return to Receive Economic Stimulus Check What is the stimulus package? To help spur a slowing economy, the IRS will send...

Maryland low income seniors to get drug subsidies

Posted on February 19, 2008
About 7,500 low- and moderate-income seniors in Maryland would be eligible for a subsidy for their prescription drugs under a plan announced yesterday by Gov. Martin O'Malley (D) and health-care leaders. A deal reached with CareFirst BlueCross BlueShield, the region's...

New GAO report says VA needs to improve pension management

Posted on February 14, 2008
In 2006, most of the over 500,000 VA pensioners had nonpension incomes well below the federal poverty level, were beyond retirement age, and had multiple impairments, and the population has been decreasing in number. The average annual reported income of...

AoA updates OAA gateway--IAT (it's about time)....

Posted on February 13, 2008
In June of 2007 AoA announced the online 'Gateway to the Older Americans Act 2006 Amendments.' The Gateway at http://aoa.gov/oaa2006/Main_Site/index.aspx provides an outline summary of new provisions in the Act, statutory text for each new provision (new/revised language only), and...

How did I miss this? AoA functions "streamlined" to "empower" the elderly

Posted on February 12, 2008
We all know what it means when HHS, CMS, or any other agency charged with serving the needs of the elderly population talks about letting beneficiaries "take charge" of their own health care. Now I read that AoA's organizational structure...

Bush budget proposes funding to ease SS disability backlogs--but not enough

Posted on February 11, 2008
President Bush's fiscal 2009 budget proposal will help the Social Security Administration tackle staffing shortages and a backlog on retirement and disability claims, the agency's commissioner said this week. The president requested $10.3 billion for Social Security's administrative expenses, a...

Not elder law: mini me--flying reptiles came in dimunitive sizes

Posted on February 11, 2008
A new fossil species of flying reptile with a wingspan of less than 30cm (1ft) has been discovered in China. The nearly complete articulated skeleton was unearthed in fossil beds from north-eastern China. The 120-million-year-old reptile had not reached adulthood...

CMS fingers the worst nursing homes for bedsore and other appalling stuff

Posted on February 11, 2008
Last week the Centers for Medicare & Medicaid Services publicly identified over 4000 nursing homes - more than 25% of facilities nationwide - whose residents are physically restrained, or have pressure sores, or both, in excessive numbers. This should be...

Not elder law: world's oldest advice columnist dies at age 101

Posted on February 11, 2008
Author, sex therapist and columnist Rose Hacker has died in hospital at the age of 101. She was widely acknowledged as the world?s oldest columnist and last year was accepted into the Guinness Book of Records. She joined the Camden...

CA sues to revoke assisted living facility license

Posted on February 11, 2008
The California Department of Social Services has filed a lawsuit to revoke the license of Paragon Gardens, an assisted living facility managed by the Oregon-based Sunwest Management, and to exclude some of the company?s executives from providing care and services...

Proposed MI bill makes financial institutions mandatory reporters

Posted on February 11, 2008
Aimed at stopping elder abuse, the Elder Financial Protection Act was unveiled by House Speaker Michael Sak and State Representative Robert Dean today. They said elder abuse can mean anything from physical and emotional abuse as well as financial exploitation...

Kaplan's Top Ten Myths of Social Security now available via SSRN

Posted on February 10, 2008
This classic work by the indefatigable Dick Kaplan is a must-read for talking heads, law profs, and anyone else who thinks they know what's up with the Social Security. Abstract: Few federal programs are as well known and as widely...

WISER establishes new web-based National Education and Resource Center on Women and Retirement Planning

Posted on February 10, 2008
FROM the Women's Institute for a Secure Retirement (via ELDERBAR list serv): The Administration on Aging and the Women?s Institute for a Secure Retirement (WISER) have jointly established a web-based National Education and Resource Center on Women and Retirement Planning...

Not elder law: elderly man's dead body went "unnoticed" for 8 years

Posted on February 10, 2008
Workers responding to neighbors' complaints of a bad smell coming from an apartment in western England discovered a body that lay decomposing on a couch for years while another resident lived there, officials said Friday. The British Broadcasting Corp...

National Guardianship Association: Call for Proposals

Posted on February 09, 2008
Deadline for Submissions: March 1, 2008 The Annual Conference of the National Guardianship Association has earned a reputation for offering cutting edge information that is presented over a two-and-a half-day period of intense intellectual sharing and camaraderie...

National Health Care Decisions Day is April 16

Posted on February 09, 2008
On April 16, 2008, join Americans across the country to talk to others about their future healthcare decisions and to complete your advance directive! National Healthcare Decisions Day will help Americans understand that making future healthcare decisions includes much more...

Report considers "elastic" early retirement age for SS eligibility

Posted on February 09, 2008
Center for Retirement Research, An "Elastic" Earliest Eligibility Age for Social Security by Natalia Zhivan, Steven A. Sass, Margarita Sapozhnikov, and Kelly Haverstick IB#8-2 Abstract: n the early 1980s, Congress responded to the Social Security program?s long-term financing shortfall, in...

Mass. gov. wants to impose restrictive tests on senior drivers

Posted on February 09, 2008
Gov. Deval Patrick, whose mother, Emily, used Milton?s senior citizen vans to get around in her later years, says older drivers should be tested to prove they can still handle a car safely. Patrick, however, says he isn?t sure at...

Advocacy group says elder abuse in Ireland is widespread

Posted on February 09, 2008
Recent figures on elder abuse in Ireland released by the HSE represent only a fraction of the cases in Ireland, according to a spokesperson for Age Action. According to the figures, the HSE?s elder abuse officers dealt with 927 cases...

Organ transplant scam doctor arrested, deported

Posted on February 09, 2008
A doctor accused of organising illegal organ transplants in India has been deported following his arrest in Nepal. Amit Kumar was detained late on Thursday, accused of heading an illegal kidney transplant ring in Gurgaon, a wealthy suburb of New...

The National Legal Training Project

Posted on February 08, 2008
The National Legal Training Project (NLTP) is now accepting resumes from advocates and attorneys who would be interested in providing training on a variety of legal topics that impact low-income, older adults. Selected trainers would be asked to present a...

ABA Senior Lawyers Division seeks nominees for Pickering award

Posted on February 05, 2008
The ABA Senior Lawyers Division is accepting nominations for the 2008 John H. Pickering Achievement Award. The award honors the life and accomplishments of John H. Pickering, an outstanding lawyer who was involved in a wide variety of pro bono...

Review of "The Sea Inside"

Posted on February 04, 2008
Gerilaw maven Robert Fleming has posted a great review of the 2004 Spanish film "The Sea Inside". Here's an excerpt: No matter how you feel about the "death with dignity" movement, or assisted suicide, I think you will be moved...

CA physician pleads guilty to elder abuse

Posted on February 04, 2008
A urologist who performed a painful cancer treatment on a patient who didn't have the disease has pleaded guilty to felony charges of elder abuse and insurance fraud. Ali Moayed, 41, of Monte Sereno is facing up to one year...

Benefits issues in the campaign? Just the fact, ma'am

Posted on February 03, 2008
Get answers (not spin) to your burning questions on health care, social security, and private pension benefits issues from the Employee Benefits Research Institute.

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