ELA Masthead
November 2006 
The Elder Law Report

Important Updates for Seniors and their Advocates
In This Issue
Quick Links


Join our mailing list!

We are proud to send you the latest issue of The Elder Law Report, a monthly e-newsletter full of the latest legal developments and other trends of vital interest to seniors and their advocates. We hope you enjoy reading and sharing the helpful articles you will find within. And don't forget to check out the Quick Links on the left side. There you will find a link to the MyMedicare website where you can view personalized Medicare information, a link to a comprehensive flu prevention site, a link to the AARP's ten tips to make your home safer and more.

Please continue to send your comments and questions to Info@ElderLawAssociates.com. We love hearing from you and would like to include your question in an upcoming Reader Questions & Comments column.

 Medicare Open Enrollment Period Means More Decisions
 

Maze If you are a Medicare beneficiary, it is time to review your Medicare prescription drug plan options. The Medicare Part D open enrollment period begins November 15, 2006, and ends December 31, 2006. During this period you can sign up for a prescription drug plan if you don't have one or you can switch to a different plan if you are unhappy with your current plan. Even if you are happy with your current plan, you should make sure that it isn't changing significantly. In addition, there may be new plans available that have lower premiums or offer more drug options.

Companies began marketing their 2007 drug plans at the beginning of October. If you are already signed up with a plan, you don't take any action; you will remain in the same drug plan. However, you need to be sure your plan will still meet your needs in 2007. Plans can change the covered drugs, premiums, and appeals process, among other things. The
Medicare.gov Web site has a personalized search feature that allows you to see what will be covered next year and to compare plans.

When reviewing your plan, factors to consider include the cost of the premium, what drugs are covered, what pharmacies are covered, and whether any drug exceptions will continue to be honored. For more information on what to look for, you can find checklists at MedicareAdvocacy.org. It is especially important for beneficiaries to note the information about each plan, compare the plans side by side, and identify the one that best meets their needs.

Whether Medicare premiums are going up or staying the same next year depends on who you ask. The Center for Medicare and Medicaid Services (CMS) estimated that average monthly premiums would stay the same next year at $24 a month. The CMS estimate was based on premiums for stand alone drug plans and Medicare Advantage (managed care/HMO) plans. However, according to an article in the Washington Post, Rep. Henry Waxman (D-Calif.) claims that if you look at just the Medicare stand alone plans, average monthly premiums are going up 13.2 percent to $29 a month.

 Social Security Benefits to Rise 3.3 Percent
 

Smiling Senior The nation's roughly 53 million elderly and disabled Social Security recipients will get a 3.3 percent cost of living increase in payments in 2007. This is expected to raise the average monthly payment for the typical beneficiary by $33. The 2007 increase is down from the 4.1 percent bump recipients received in 2006. However, it is an important increase for the nation's retirees, nearly one-third of whom depend on Social Security benefits for 90 percent or more of their income.

Starting in January 2007, the average monthly Social Security payment will rise from $1,011 to $1,044 a month for individuals and from $1,658 to $1,713 for couples. This increase will apply to both the elderly and disabled Social Security recipients, and individuals who receive both disability and retirement Social Security will see increases in both types of benefits.

The Social Security cost of living adjustment also raises the maximum amount of earnings subject to Social Security taxation to $97,500, as well as the benefit-reduction thresholds for those who retire early.

The Normal Retirement Age (NRA) is age 65 and six months for those born in 1941 and 65 and 8 months for those born in 1942. Although there is no limit on outside earnings beginning the month an individual attains full retirement, those who choose to begin receiving Social Security benefits before their NRA may have their benefits reduced, depending on how much other income they earn. Early beneficiaries who will reach their NRA after 2007 may now earn $12,960 a year before Social Security payments are reduced by $1 for every $2 earned above the limit. Those early beneficiaries who will attain their NRA in 2007 will have their benefits reduced $1 for every $3 earned if their income exceeds $34,440 in the months prior to the month they reach their NRA.

For 2007, the monthly federal Supplemental Security Income (SSI) payment standard for an individual will be $623, and $934 for a couple.

For a complete list of the 2007 Social Security changes, go to: http://www.ssa.gov/pressoffice/factsheets/colafacts2007.htm

 When Should You Take Your Social Security Benefits?
 

Healthy Senior As you approach retirement, you must decide when to begin taking your Social Security benefits. You have three options: You may begin taking benefits between age 62 and your full retirement age, you can wait until your full retirement age, or you can delay benefits and take them anytime up until you reach age 70.

More than two-thirds of people take their benefits early. Some of them don't have a choice -- they need the money right away. But for others, it might make more sense to delay benefits, even past their full retirement age. Ultimately it is a personal decision that depends on whether you plan to keep working, your health and life expectancy, your spouse's needs, and the availability of other retirement plans.

If you were born before 1937, your full retirement age was 65. For those born after 1937, the retirement age gradually increases until it reaches age 67 for people born in 1960 or later. If you take Social Security between age 62 and your full retirement age, your benefits will be reduced to account for the longer period you will be paid. If you delay taking retirement, depending on when you were born, your benefit will increase by 6 to 8 percent for every year that you delay, in addition to any cost of living increases.

For example, suppose you are born in 1944 and are eligible for your full Social Security retirement benefit at age 66, but delay taking benefits until age 70. Your annual percentage increase in benefits will be 8 percent. By delaying your benefits by four years, the Social Security check you will receive will be 32 percent higher (4 years x 8 percent per year). If your monthly benefit would have been $1,000 had you taken it at age 66, the monthly benefit you will receive at age 70 will be $1,320 (not counting cost of living increases, which are around 4 percent a year).

If you are lucky enough to have the choice of when to take your benefits, consider the following factors:
  • Whether you plan to keep working. If you plan to work until your full retirement age or beyond, it probably won't make sense to take benefits early, especially if you earn considerable income. Any income you earn above Social Security's income thresholds will be taxed. So not only will you be receiving reduced Social Security benefits, but you will pay tax on the income as well, and the extra income may mean that more of your Social Security benefits will be taxed.
  • Health and life expectancy. To get the full advantage of delaying benefits until age 70, you will need to live past age 80 (not taking into account cost of living increases). The average life expectancy for men who reach 62 years of age is around 80, while for women it is around 83. You can't predict exactly how long you will live, but if you are healthy and have a long life expectancy, you may receive more benefits if you delay.
  • Spouse's needs. Another important consideration is your spouse's needs. An older spouse (and especially if he or she is the only breadwinner), might want to delay benefits as long as possible so as to increase the surviving spouse's survivor benefits and provide additional protection to the surviving spouse. Note: Even if you delay taking your benefits past your full retirement age, your spouse can still take his or her spousal benefits anytime after age 62 (while you are still alive, your spouse is entitled to one-half of your full benefit if it would be greater than what he or she would receive from his or her own earnings).
  • Other retirement plans. Experts disagree on whether it makes sense to take benefits early and defer using other retirement plans. Some claim that if you are going to get a higher rate of return on a tax-deferred retirement plan than you would get by waiting to take Social Security, you should take Social Security early. On the other hand, other experts argue that letting a retirement account build up could create greater tax obligations. If your retirement account and Social Security combine to put you above the income thresholds, you will have to pay taxes on the Social Security. Delaying Social Security may reduce the taxes by providing you with more Social Security income (which is at most 85 percent taxable) and less retirement-account income (which can be 100 percent taxable).
For more information on Social Security, click here.

 Book Review: The Wealth of Your Life: A Step-by-Step Guide for Creating Your Ethical Will
 

Ethical Wills If you have thought about creating an ethical will but didn't know where or how to begin, this guide can serve as a great starting point. An ethical will is not a legal document -- it is a letter to your descendants that enables you to pass along information. You can use it for many things, including telling your loved ones how important they are, reflecting on your life, or explaining your estate plan.

Written by Susan Turnbull, a professional writer, The Wealth of Your Life is a workbook with specific advice for completing each step -- imagining your audience, writing the opening lines, reflecting and making notes, integrating your thoughts and laying out your letter, and composing the letter. As you go through the steps, the booklet includes questions to ask yourself, examples of how to get started, and space to write down ideas and thoughts. The book has separate examples and questions depending on the theme you have chosen for your ethical will.

If you want to pass information along to your family members separate from your legal estate plan, this book provides a great way to organize your thoughts and generate ideas.

 Charitable Donations From an IRA No Longer Taxable
 

Cut out For those wishing to make charitable donations from their IRA accounts, dealing with the resulting tax issues just got a lot easier. In August, Congress passed, and President Bush signed, the Pension Protection Act of 2006. Touted as the most significant overhaul of the pension system in the past 30 years, one provision of the law changes how charitable donations are taxed.

Previously, those wishing to make charitable donations using money in their IRA accounts were required to withdraw funds from their IRA and pay income tax on the withdrawal before they could take a charitable donation deduction on their annual tax returns. But under the new law, so long as the donation is transferred directly from an IRA or rollover IRA account to an eligible public charity, the donor doesn't have to pay any income tax on the withdrawal at all. As far as the federal government is concerned, money donated to the charity simply is not income. (But note that the transfer is no longer eligible for the charitable tax deduction, either.)

It remains to be seen, however, whether such withdrawals for charitable purposes will count toward an individual's minimum IRA distribution requirements for the year. If the qualifying donations do not count toward the distribution amounts, then donors will be required to withdraw more funds from their IRA accounts, and these funds will be subject to income tax. Unfortunately, the law is not clear on this issue.

Other requirements of the new charitable donation rule are clearer. They include:
  • The donor must be 70 ˝ years old.
  • There is a $100,000 annual limit on donations.
  • The donations may only be made from an IRA or rollover IRA account. Donations from other retirement accounts, such as a 401(k), do not qualify.
  • The organization receiving the donation must be a qualifying public charity. Donations to private foundations, supporting organizations, trusts established for both charitable and non-charitable purposes, or other funds over which the donor may have some advisory control do not qualify.
  • The transfer must be made directly from the IRA account to the qualifying organization. This is ordinarily done by instructing the brokerage firm holding the IRA to make the transfer. If the donor receives the funds from the IRA and then donates them to charity, they will be subject to the income tax.
  • IRA holders can take advantage of the charitable donations provision until it expires on December 31, 2007.
For more on the charitable donations provision of the Pension Protection Act of 2006, click here.

For Congress' "Technical Explanation" of the Act -- all 386 pages of it -- click here. Details about the bill's charitable provisions begin on page 263 (page 273 of the Adobe PDF document). (If you do not have the free PDF reader installed on your computer, download it here.)

Elder Law Associates PA is a boutique elder law firm that practices exclusively in Medicaid and long term care planning; home and community-based waiver services; Medicaid applications; nursing home residents’ rights litigation; asset preservation planning with a special focus on planning in light of the Deficit Reduction Act of 2005, including promissory notes and personal care agreements; disability planning, including special needs trusts and guardianship; estate planning, including wills and trusts; long term care insurance; advanced directives; and probate, which encompasses estate and trust administration. We assist clients in planning for the possibility of disability, incapacity, home health care, assisted living and/or nursing home placement. Our firm enables clients to avoid impoverishment caused by the escalating cost of long term care, to maintain their right to make health care decisions and to avoid unnecessary medical treatment.

We hope you have enjoyed The Elder Law Report. If you have questions about something you read, elder law matters or
issues concerning persons with disabilities, we would be delighted to hear from you. We serve as an elder law resource to many professionals and organizations and want to become your elder law resource as well. You can reach us at
Info@ElderLawAssociates.com.

Feel free to share The Elder Law Report with others who will benefit from our insights - just click on the blue "Forward email" link at the very bottom of the page.

Warm regards,

EM & HSK

Ellen S. Morris, Esq. & Howard S. Krooks, Esq.

phone: (561) 750-3850 / (800) 353-3752
fax: (561) 750-4069
 
-
-

This publication is intended for general information purposes only. It is not intended to constitute individual legal advice to any specific client.

-
-

Forward newsletter


Elder Law Associates, P.A.
7000 W. Palmetto Park Road | Suite 310 | Boca Raton | FL | 33433
20801 Biscayne Blvd. | Suite 304 | Aventura | FL | 33180
777 South Flagler Drive| Suite 800 | West Palm Beach | FL | 33401
2843 Executive Park Drive | Weston | FL | 33331