Social Security | Bernard A. Krooks

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A Message to Our Clients and Our Littman Krooks Family

Friday, March 13th, 2020

Dear Client and Friends,

At Littman Krooks, the health and safety of our clients and staff is our highest priority. We pride ourselves on exemplary and individualized services to our clients. We are writing to provide you with the steps that we are taking to protect you and our staff against the spread of the Coronavirus (COVID19). We understand the paramount importance of these tasks, as we serve many elderly clients and families with children with health concerns.

Steps We are Taking To Protect You and Our Staff:

We are maintaining social distancing, which means that we will not be shaking hands, hugging or touching anyone.
Hand sanitizer is available in our reception area and we are asking you to apply a generous amount to both of your hands upon entry to our office.
Staff know to wash their hands each time they enter our building before touching anything and frequently throughout the day.
We have remote access for employees who are ill or need to work from home.
If you or someone you have been in contact with is experiencing symptoms of coughing, high fever and/or shortness of breath, we ask that you not come to our office.
If you do not feel comfortable visiting our office in person, because you may be sick or for any other reason, please consider meeting with us virtually either via conference call or through FaceTime or similar service. Call our office at (914) 684-2100 to let us know that you would like to change your meeting to a virtual one. Our staff will be happy to assist.

Protect Yourself and Those Around You: We encourage all to follow basic hygiene measures that protect us from respiratory viruses. As the Center For Disease Control recommends, these actions include:

Washing your hands often and thoroughly with soap and water for at least 20 seconds. If soap and water are not available, use an alcohol-based sanitizer.
Avoiding touching your eyes, nose and mouth with unwashed hands.
Avoiding close contact with people who are sick.
Staying at home if you are feeling sick, especially if you have a fever, are coughing and/or have shortness of breath. If you have those symptoms, please seek medical care early.
Covering your mouth and nose with the inside of your elbow when you cough or sneeze and, if using a tissue, dispose of it immediately into a closed bin and clean your hands with alcohol-based sanitizer or soap and water.
Cleaning and disinfecting frequently touched objects and surfaces by using disinfectant spray or wipes.

Extra Protections for Those at Higher Risk: If you are at higher risk of getting very sick from COVID-19, meaning if you are older or have a health condition, you should:

Stock up on supplies.
Take everyday precautions to keep space between yourself and others.
When you go out in public, keep away from others who are sick, limit close contact and wash your hands often.
Avoid crowds as much as possible.
Avoid cruise travel and non-essential air travel.
During a COVID-19 outbreak in your community, stay home as much as possible to further reduce your risk of being exposed.

We thank you for your understanding and cooperation as we navigate this challenging time. We understand that the situation is evolving and we will continue to actively monitor it and take the necessary precautions. Our firm remains dedicated to providing our clients with the highest level of client service in every way possible

For additional information regarding the Coronavirus, here are resources from the CDC and the New York State Department of Health:

CDC/Coronavirus Overview:
https://www.cdc.gov/coronavirus/2019-ncov/index.html
CDC/Frequently Asked Questions:
https://www.cdc.gov/coronavirus/2019-ncov/faq.html
NYDOH and NYSED Guidance for Schools:
http://www.p12.nysed.gov/sss/schoolhealth/schoolhealthservices/coronavirus/covid-19-p-12-school-guidance.pdf

Tags: coronavirus
Posted in advance directives, Alzheimers, Asset Protection, Caregivers, Elder Law, Estate Planning, Power of Attorney, Social Security, Tax Planning, Trusts, Veterans Issues, Wills | Comments Off on A Message to Our Clients and Our Littman Krooks Family

Is Your Estate Plan Up To Date?

Friday, March 22nd, 2019

By: Amy C. O’Hara, Esq., Littman Krooks LLP

In order to ensure your existing estate plan meets your objectives, it is imperative that it be reviewed at least every 3-5 years and updated when needed. Here are some issues that might necessitate updating your estate plan:

You want to avoid probate;
You or a beneficiary become disabled or have a long-term illness;
Death of a beneficiary;
Marriage, divorce or remarriage;
Birth or adoption of a child;
Death or change of executor, trustee, and/or guardian;
A change in the distribution of your estate;
A significant increase or decrease in your net worth;
Retirement;
Expecting to change state of domicile; and
Finally, any time you feel uneasy about any of your documents, making changes and/or speaking with your estate planning lawyer to make you feel comfortable with them.

Never make any changes on your current estate planning documents. Mark-outs, interlineations and other informal changes are of no effect and will not be honored during an illness or after your death. It is important to meet with an experienced estate planning lawyer to ensure you estate plan is updated properly to protect you and your loved ones.

Learn more about our elder law estate planning or Medicaid Planning services. Contact us with additional questions.

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Tags: estate plan, review your estate plan
Posted in advance directives, Elder Law, Estate Planning, Long Term Care, Medicaid, Power of Attorney, Social Security, Tax Planning, Trusts, Wills | Comments Off on Is Your Estate Plan Up To Date?

Advocates Say Proposed Cuts to Medicaid Will Harm Seniors and People with Disabilities

Tuesday, July 11th, 2017

Health care legislation currently being considered by Congress includes steep cuts to the Medicaid program, which advocates for seniors and people with disabilities say will cause tremendous harm.

The U.S. House of Representatives passed its version of the legislation, the American Health Care Act, on May 4, 2017. The U.S. Senate is now considering its amended version, which is called the Better Care Reconciliation Act (BCRA). The bill is a move by Republican lawmakers to repeal major parts of the Affordable Care Act, passed under President Obama.

The nonpartisan Congressional Budget Office said that under the BCRA, the number of uninsured people would increase by 15 million next year, and by 22 million by 2026.

Critics have numerous objections to the bill, but advocates for seniors and people with disabilities have focused on the harm they say will be caused by cuts to Medicaid, the joint federal and state program that insures nearly one in five Americans.

The Affordable Care Act expanded eligibility for Medicaid, though states could opt out. The BCRA would phase out that expansion by 2024, and would make further cuts as well, by permanently restructuring the program. Medicaid is a partnership between the federal government and the states, and the new legislation would cap the amount contributed by the federal budget, leaving states to make up the difference or cut benefits.

Medicaid is the nation’s largest government health care program, covering more people than Medicare. Medicaid covers 64 percent of all nursing home residents, 60 percent of all children with disabilities, 30 percent of all adults with disabilities, 76 percent of poor children and 49 percent of all births.

Some nursing home residents could be forced out by the cuts. Under federal law, state Medicaid programs must cover nursing home care, but the Center for Medicare Advocacy predicted that under the budgetary pressures that would be imposed under the BCRA, states would have to limit how much they pay, or restrict eligibility. The AARP said that under the new legislation, older adults could also be charged up to five times more for health insurance than younger people. Under the Affordable Care Act, rates are capped at three times more.

People with disabilities say that cuts to Medicaid would be devastating, likely resulting in reduced access to home and community-based services that allow many to live independently rather than in institutions.

The BCRA is opposed by the Arc, the AARP, the American Hospital Association, the American Medical Association and the American Cancer Society’s action network.

Concerned citizens can contact their representatives in Congress by calling the U.S. Capitol switchboard at 202-224-3121.

Learn more about elder law, estate planning and special needs planning at http://www.elderlawnewyork.com and www.littmankrooks.com. Have questions about this article? Contact us.

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Tags: AFFORDABLE CARE ACT, Better Care Reconciliation Act (BCRA), Medicaid
Posted in Caregivers, Elder Law, Estate Planning, Medicaid, Social Security | Comments Off on Advocates Say Proposed Cuts to Medicaid Will Harm Seniors and People with Disabilities

Seniors & Mental Health: Is it Mental Illness or Aging?

Sunday, May 22nd, 2016

Seniors are more at risk for mental illness than the general population. According to the Centers for Disease Control and Prevention (CDC), about 20 percent of people age 55 and older experience some kind of mental health concern. Not only are more seniors affected by mental illness, nearly one in three affected older adults does not receive treatment. By learning more about this often-misunderstood problem and watching for warning signs, we may be able to help elders in need get treatment.

Most people are aware that seniors are more at risk for Alzheimer’s disease and other cognitive impairment. About 11 percent of seniors have Alzheimer’s disease, but it is crucial to understand that cognitive decline is not a normal part of aging. Therefore, changes such as increased forgetfulness, confusion or disorientation should be taken seriously. With a prompt diagnosis, seniors can benefit from treatment earlier, and any necessary changes to their living environment can be made in order to keep them safe.

Seniors are also at risk for depression and mood disorders. According to the CDC, in a 2006 survey, 10.5 percent of people age 65 and older said they had received a diagnosis of depression at some time in their lives, and 5 percent had current depression. Another 7.6 percent received a diagnosis of an anxiety disorder at some time in their lives. Anxiety disorders can include a variety of problems, such as phobias, post-traumatic stress disorder and obsessive-compulsive disorder, including hoarding syndrome. Many seniors fail to seek treatment, in part because some people mistakenly believe that depression is a condition natural to aging.

Mental health concerns can have consequences beyond the symptoms of the condition itself. Untreated mental illness can lead to social isolation, take away from seniors’ independence, and cause physical problems and additional medical concerns. That is why it is important for seniors to take preventive measures, and for their loved ones to be aware of warning signs.

Studies have shown that preventive measures can alleviate mental health problems. The risk of depression and anxiety can be lowered as a result of better physical health. Simple exercise three times a week can be even more effective than prescription medication. Research also indicates that keeping the mind active, through social activities, games and puzzles, and communication with friends and family, can decrease the risk of mental health disorders.

Loved ones and caregivers should watch for changes that may indicate mental health concerns for seniors.

Warning signs include:

social withdrawal,
a depressed mood that lasts longer than two weeks,
memory loss,
confusion,
feelings of worthlessness or guilt,
unexplained physical changes, such as in dress, weight or hygiene.

If any of these symptoms appear, discuss them with the family doctor. Treatment such as counseling or psychiatric care can help seniors get on the right track to healthy aging.

Learn more about our services by visiting www.littmankrooks.com or www.elderlawnewyork.com.

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Tags: May is Mental Health Awareness Month, mental health awareness
Posted in advance directives, Alzheimers, Elder Law, Long Term Care, Medicaid, Social Security | Comments Off on Seniors & Mental Health: Is it Mental Illness or Aging?

In Retirement Planning, Timing of Withdrawals is Everything

Monday, May 18th, 2015

Planning for retirement can be complicated. Many retirees rely on a combination of Social Security retirement benefits and retirement savings accounts such as IRAs. Knowing when it is in one’s best interest to start taking benefits or withdrawals is crucial: not too early and not too late.

When it is “too early” to take benefits or withdrawals may be a matter of opinion. After all, if a retiree needs the funds at a certain time, he or she may be have no choice. However, in planning your retirement, it is important to know when taking money too early will carry penalties. With regard to savings in IRAs, if you withdraw funds before age 59 1/2, you will face a 30 percent mandatory withholding: 20 percent prepayment of income tax and a 10 percent penalty for early withdrawal. When it comes to Social Security benefits, keep in mind that taking early retirement benefits at age 62 means that you will receive a fraction of the benefits you would get if you waited until full retirement age or even longer. It’s also important to know that if you take early retirement benefits while still working, the money you earn over a certain amount each year may reduce your benefits, until you reach full retirement age.

At the other end of the scale, withdrawing money “too late” means failing to take your required minimum distributions from an IRA once you reach age 70 1/2. If retirees with pretax retirement accounts wait too long to withdraw retirement income, they can face a 50 percent tax. So whether you need the cash flow or not, be sure to take those required minimum distributions, even if it is only to reinvest the funds.

Learn more about our services by visiting www.elderlawnewyork.com.

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Tags: retirement planning
Posted in Elder Law, Estate Planning, Social Security | Comments Off on In Retirement Planning, Timing of Withdrawals is Everything

Age-Related Financial and Planning Milestones that People Will Encounter in their Sixties

Friday, March 28th, 2014

As one nears retirement age, a number of important financial planning milestones begin to approach. It can be difficult to keep them all straight. Here is a timeline of what happens when:

At age 59 1/2, people can begin to make withdrawals from 401(k)s, traditional IRAs and similar retirement savings accounts, without an additional tax penalty of 10 percent. (Withdrawals are still taxed as income in any case.) Of course, just because one can begin to make withdrawals at this age does not mean one necessarily should.

At age 60, if one’s spouse has died, then one can begin to collect a Social Security survivor benefit. This is also true if an ex-spouse has died, if the marriage lasted at least 10 years and the survivor did not remarry.

Upon reaching age 62, people can take the option of early Social Security retirement benefits. Keep in mind that starting one’s benefits early results in lower payments, and it is usually better to wait a few years to receive a larger benefit. If one is eligible for a pension, these benefits also often kick in at this age.

At age 65, one becomes eligible for Medicare. There is a seven-month window around one’s 65th birthday to sign up for Medicare benefits and avoid a surcharge.

Age 66, for most baby boomers, is full retirement age for the purposes of Social Security retirement benefits. Additionally, at this age, someone who chose early benefits can now suspend benefits in order to build up delayed retirement credits.

Upon reaching age 70, there is no further advantage to delaying taking Social Security retirement benefits. People who wait until this age to begin receiving benefits maximize their monthly payments.

At age 70 1/2, required minimum distributions begin for 401(k)s and IRAs. A certain amount must be withdrawn from these accounts each year, based on the total value of all such accounts.

By paying close attention to these milestones, one can complete a more precise budget, an important part of retirement planning.

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Posted in Caregivers, Elder Law, Estate Planning, Long Term Care, Medicaid, Social Security | Comments Off on Age-Related Financial and Planning Milestones that People Will Encounter in their Sixties

How Divorce and Remarriage Affect Social Security Retirement Benefits

Tuesday, March 11th, 2014

People considering divorce as their 10-year wedding anniversary approaches should know that delaying the split until after the decade mark can result in higher Social Security retirement benefits for a spouse with a lower earning record.

Taking the example of a divorced couple where the ex-husband had a higher earnings record, if the couple was married for 10 years or more, then the ex-wife can receive higher benefits based on his record, provided she is age 62 or older and has not remarried.

Even if the ex-husband has not applied for retirement benefits, the ex-wife may receive benefits based on his record, provided they have been divorced for more than two years. If the woman remarries, then she would no longer be able to collect the benefits unless the later marriage ends.

Recent years have seen a rise in both marriages and divorces later in life, and statistics suggest that divorcing couples may take retirement benefits into account, as there is a measurable increase in divorce after the 10-year mark. As might be expected, the effect is most pronounced for couples nearing retirement age. A recent study found that for people 55 and older, there is an 11.7 percent increase in the likelihood of divorce at about the decade mark. For couples age 35 to 55, that drops to a 6 percent increase in likelihood of divorce at 10 years, and for people under age 35, there is almost no effect.

Other researchers are skeptical that many people take retirement benefits into account in their divorce decisions, pointing to studies that show that only 13 percent of people are very knowledgeable about how Social Security benefits are calculated.

Whether divorcing couples currently consider retirement benefits in timing their divorce, many advisers agree that they should. Divorcing just short of the 10-year mark could result in thousands of dollars in lost benefits, so it may be worthwhile for some to delay the process.

Financial considerations are often part of making decisions about divorce, so it is important to be aware of how Social Security benefits can be affected.

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Tags: divorce, retirement benefits
Posted in Alzheimers, Asset Protection, Caregivers, Elder Law, Estate Planning, LGBT, Long Term Care, Medicaid, Social Security, Tax Planning, Wills | Comments Off on How Divorce and Remarriage Affect Social Security Retirement Benefits

New Program Enlists Doormen to Watch for Elder Abuse

Friday, December 13th, 2013

A new program in New York City is training doormen who work in apartment buildings to watch for elder abuse.

The Harry and Jeanette Weinberg Center for Elder Abuse Prevention, part of the Hebrew Home at Riverdale, developed the program, which offers free training for doormen, porters, concierges and other building staff, at the building where they work.

Joy Solomon, the director of the Weinberg Center, said that many elderly people who were being abused did not come forward on their own, so advocates realized they would have to reach out to others who might be likely to spot the signs of abuse. The center has already helped to educate people such as estate lawyers, speech therapists, and those who deliver hot meals to seniors. Now building staff are being enlisted to help as well.

Many buildings in the city have a growing population of elderly residents. An analysis of census data by Queens College found that by 2040, an estimated 21 percent of adults in New York City will be age 60 or older, an increase from 17 percent in 2010.

At a training she led recently, Ms. Solomon told of an elderly resident of an Upper East Side apartment building, who was taken advantage of by a woman. Building staff witnessed the woman removing valuables from the man’s apartment, but did not step forward, perhaps because they did not want to overstep their bounds. Solomon said that when a staff member knows that something is wrong, it is important to take action. Several older apartment building residents said they would much prefer that building staff say something about a situation that does not appear right, rather than staying quiet out of a fear of prying into someone else’s business.

For elderly residents who do not have frequent visits from friends and family, a doorman may be the first person to notice an injury, signs of confusion, or other evidence that the person needs help.

Solomon said that the training would be provided initially to buildings with large populations of older people, but would eventually be available to anyone requesting it.

Tags: boomers, elder abuse, NYC Doormen, retirement, seniors
Posted in Alzheimers, Caregivers, Elder Law, Long Term Care, Medicaid, Social Security, Veterans Issues | Comments Off on New Program Enlists Doormen to Watch for Elder Abuse

Sharing Caregiving Responsibilities Among Siblings

Thursday, November 14th, 2013

Caring for an elderly parent in declining health is a big responsibility, and one that can have a significant effect on the caregiver’s financial and emotional well-being. Having a sibling to share in that responsibility can make things easier, but it can also lead to conflict and resentment. It is important to understand the issues that may arise when two or more adult siblings are caring for an elderly parent, and the best ways to resolve problems.

One question that usually comes up at the outset is who will be the primary caregiver. If only one sibling lives close to the parent who needs care, that is often the deciding factor. When two or more siblings live close by, then the decision often depends on work schedules. If none of the siblings live close to the parent or have time available, then the question becomes how to divide the expense of hiring an in-home health aide or perhaps an assisted living facility, depending on the circumstances.

Good communication is probably the most important factor in making these decisions. Ideally, responsibilities will be divided in whatever way feels fair to everyone involved, and arriving at the best outcome depends on communication. Siblings should be encouraged to share exactly what they feel they should contribute and why. Factors such as an individual’s family income or work schedule are legitimate concerns that may play into decision-making. Feelings about this should be stated plainly so that later resentments can be avoided. Siblings should try their best not to let old sibling rivalries get in the way. Adult siblings caring for an elderly parent are taking on new roles, and they are best served by not replaying old ones.

In addition to family income and work schedules, siblings should consider each other’s particular skills. If one sibling is a more frugal money manager, it may make sense for him or her to hold the power of attorney for the parent. Someone with experience as a caregiver may do the best job handling day-to-day care. One fact that should not be forgotten is that caregiving is valuable and important work. Siblings who are not involved with day-to-day care may not be aware of just how much work is involved. The caregiving sibling should not be afraid to speak up and share with the others how much time goes into giving care for their parent. It can be easy for a sibling that is contributing more time or contributing more money to feel that his or her contribution is unfair or is going unrecognized. Full and frank discussion is the best solution.

Finally, as with most things, careful planning will save a lot of headaches. Just as mom or dad’s schedule of doctor’s appointments and daily medications needs to be kept track of, so should the finances be kept in careful order. An estate planning attorney or financial adviser can be invaluable in preparing a budget that accounts for the cost of different types of care that may be needed.

Tags: siblings
Posted in Caregivers, Elder Law, Estate Planning, Long Term Care, Power of Attorney, Social Security, Tax Planning, Trusts, Wills | Comments Off on Sharing Caregiving Responsibilities Among Siblings

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