MEDICAID, MEDICARE, VA AND SOCIAL SECURITY DISABILITY BENEFITS

MEDICAID, MEDICARE, VA

AND SOCIAL SECURITY DISABILITY BENEFITS

By: Craig Riffel, Attorney and CPA

             

            As the population ages, the public is having more and more questions about Medicaid, Medicare, veterans and Social Security disability benefits.  They are confused about eligibility, qualifications, limitations, coverage, etc.  The problem is compounded by the fact there is very little easy-to-read or easy-to-understand information readily available to the public.  As a result, incorrect information about these benefits has been and continues to be disseminated by individuals, attorneys, accountants, financial advisors, social workers and many more.  These myths spread like diseases and continue to infect and corrupt the decisions individuals make regarding these benefits.

            

In order to make good decisions, individuals need good information.  Basing decisions on incorrect information or myths can have disastrous consequences.  To help inform the public and assist individuals, their advisors and other professionals about these benefits, Senior Resources & Benefits, L.L.C. (“SRB”) was created.  SRB’s sole mission is to educate and provide useful information about these benefits.  SRB publishes its information in many written forms as well on its website at www.SRBLLC.com.

             

SRB’s educational materials and authorities dispense with many myths surrounding benefits.  For example, in the Medicaid area, SRB explains on its website how Medicaid planning is completely legal and how a person: (1) does not have to do Medicaid planning either three or five years in advance, (2) with a typical trust will not qualified for Medicaid, (3) can have a substantial amount of assets (i.e. net worth from $50,000 to $3 million) and still qualify for Medicaid benefits, (4) can live at home and receive Medicaid, and (5) can reside in a private room at a nursing facility and still receive Medicaid, etc.

             

Medicare is a federal insurance program administered by the federal government to help pay medical expenses for persons over age 65 and some disabled persons under age 65.  Medicaid is codified in Title XIX of the Social Security Act.  Medicaid is a federal insurance program administered by the states designed to assist persons with long-term care expenses such as nursing home costs, in-home care costs, medical expenses and prescription medications.

            Medicare and Medicaid differ significantly.  Medicare is entirely a federal program funded by the federal government while Medicaid is a joint federal-state program funded by federal and state money.  Medicare is administered by the federal government and Medicaid is administered by the states.  While Medicare is available to anyone 65 years of age and older or disabled and who has paid into Social Security, Medicaid is available to those individuals meeting very specific eligibility criteria. 

Medicare primarily pays for medical expenses and preventative care.  It only pays up to 100 days of skilled nursing care received while the individual is receiving rehabilitation services.  If the person is receiving only custodial care and not any rehabilitation services, Medicare does not pay for any skilled nursing care even if the person has all 100 days remaining.  Additionally, the 100-day limit is reduced by the number of days the individual is in a hospital. 

Medicaid pays for skilled nursing care in both a nursing facility and at-home regardless if the person is receiving rehabilitation services and without any limit.  There is a new program in Oklahoma in which Medicaid will be paying for some care in assisted living facilities.  Medicaid also pays for unreimbursed medical and prescription medication expenses.

            The Veterans Administration offers a variety of benefits to veterans, their surviving spouses and dependents.  One of the most popular is the Aid and Attendance pension.  Basically, a veteran, surviving spouse and dependent would be entitled to the pension if:  (1) the veteran did not receive a dishonorable discharge, (2) the veteran served at least 90 days of consecutive active duty, and (3) at least 1 day of the veteran’s active duty service was during a time of war.  The specific dates of war are defined on SRB’s website at www.SRBLLC.com.  If the preceding three criteria are met, the amount of pension will vary from $1,056 to $1,949 per month depending upon the particular applicant and the applicant’s income.  There are very few asset limitations with the Aid and Attendance benefit and no transfer of asset restrictions.

            An individual may also qualify for Social Security disability benefits.  To be disabled:  (1) the person must not be able to perform the work in which he or she was previously engaged, (2) not be able to adjust to perform other work, and (3) the disability must be expected to last for at least 1 year or result in death.  Additionally, a person must have accumulated 40 credits in most cases.  Of these credits, 20 credits must be earned within the 10 years prior to the application.  A credit is equal to one quarter of work resulting in a total of 4 credits being available each year.  Younger workers can qualify with lower credit requirements based upon their ages. 

           

For more information about Medicaid, Medicare, Veteran’s benefits, Social Security disability, estate planning or asset protection planning, visit Senior Resources and Benefits, LLC (“SRB”) at www.srbllc.com or at one of our offices through-out the state.  Our Corporate office is located at 3517 West Owen K. Garriott Road Suite Three Enid, Oklahoma 73703,  our Tulsa office at 4608 S. Garnett Suite 505 Tulsa, Oklahoma 74146 or our Oklahoma City office @ 1000 West Wilshire Suite 310, Oklahoma City, OK 73110 or you may call Jeremy Nichols, Crystal Pritchett, or Steve Money @ 1-800-407-9302 or benefits@srbllc.com .  All legal services for SRB provided by the law firm of Mitchel, Gaston, Riffel & Riffel, P.L.L.C. with website at www.westoklaw.com and the Law Office of Steve Money. 

Craig Riffel is an attorney and certified public accountant with law firm of Mitchel, Gaston, Riffel & Riffel, PLLC with offices in Enid, Woodward, Fairview and Ponca City, Oklahoma.  He is also a member of the National Academy of Elder Law Attorneys and has taught Medicare and Medicaid to other attorneys and CPAs through seminars sponsored by the Oklahoma Bar Association, chapters of the Oklahoma Society of Certified Public Accountants, and national continuing professional education companies.  A significant portion of Mr. Riffel’s practice consists of Medicaid (nursing home) planning, estate planning and asset protection planning. 

3517 W. Owen K. Garriott Road • Suite One • Enid, OK  73703 Voice: (580) 234-8447 • Fax: (580) 234-5547 E-Mail: craig@westoklaw.com • Website: www.westoklaw.com

MEDICAID CRISIS PLANNING VS. MEDICAID PREPLANNING

MEDICAID CRISIS PLANNING VS. MEDICAID PREPLANNING

By: Craig Riffel, Attorney and CPA

            In the past, Medicaid planning was predominantly crisis related planning.  Crisis planning, or 911 planning as we commonly refer to it, involves planning to qualify an individual for Medicaid benefits immediately.  In other words, the applicant is either in a nursing facility or preparing to enter a nursing facility in the immediate future and wanting to qualify for Medicaid benefits.  Crisis planning can also involve an applicant who is remaining at home and either receiving in-home health care services or needing to receive those services immediately.

            In the typical Medicaid crisis case, the applicant is in poor health and usually does not participate in the planning process.  The planning is conducted on his or her behalf by the applicant’s spouse, power of attorney, or children.  By definition, the applicant is unable to attend meetings or participate in the planning due to his or her incapacity.  The applicant is either in a nursing facility, hospital or unable to leave the home.   The applicant can obtain Medicaid qualification immediately.  Contrary to popular belief, the applicant does not have to wait 3 years, 5 years or any length of time to qualify for benefits.  See my February 2005 Medicaid article titled, “The Most Misunderstood Rule in Medicaid” located on my Firm’s website at www.westoklaw.com.            

            Over the past several years, there has been a significant growth in the number of applicants desiring to do their Medicaid planning much earlier.  We refer to this type of planning as Medicaid preplanning.  In a Medicaid preplanning case, the applicant is usually in fair to good health and does not anticipate needing care in the immediate future.  The national statistics tell us 1 out of every 2 people needs care.  The applicant simply wants to get the planning completed and assets positioned so that if the applicant is in the 50% needing care, the applicant and the applicant’s family will be protected.  They will not have to go through the Medicaid crisis planning.

            In most Medicaid preplanning cases, the potential applicant is in good health and able to participate in the planning process.  The individual is able to attend most, if not all meetings, provide some, if not all, of the needed information and make decisions regarding the planning.  The potential applicant does not know if and when the Medicaid will be needed.  Sometimes the Medicaid preplanning individuals can either be married couples or single individuals.  The potential applicant is considered to have a preplanning case even if the individual is receiving assistance from a child or loved one in handling financial affairs or other matters but is still in good health.

            Although an applicant can wait until the last minute to qualify for Medicaid benefits, there are two distinct advantages of Medicaid preplanning over Medicaid crisis planning.  First, preplanning is lest costly than crisis planning.  In most cases, preplanning costs approximately a third to two-thirds of the cost of crisis planning.  Second, preplanning is done at a time and in a manner which does not create as much stress and anxiety for the applicant and the applicant’s family.  When Medicaid planning is left to the last possible moment as with crisis planning, the applicant and applicant’s family are dealing with a variety of issues (i.e. applicant’s health, applicant’s care, cost of care, etc.).  Qualifying for Medicaid at this time adds one more issue to an already stressful situation.

            These advantages are directly due to the fact a Medicaid preplanning applicant does not need benefits immediately.  Instead, the applicant positions himself or herself for Medicaid well before the benefits are needed.  This allows the preplanning applicant to take advantage of the one element a crisis planning applicant does not have which is time. 

            Since benefits will not be needed until sometime in the future, we do not file a Medicaid application as part of the preplanning.  We file the Medicaid preplanning application when the applicant needs benefits which is some point in the future.  Applicants often question what additional work will need to be performed at the time of filing the Medicaid application.  At the time of completing the preplanning, it is impossible to know exactly what will be needed because we do not know for certain if and when we will be filing a Medicaid application.  As a general rule, the longer a preplanning applicant can wait between the preplanning and filing of the Medicaid application, the less work which must be performed.  In some instances, no additional work will be needed other than just filing the application.  This is true even if the application must be filed within the 5-year look back rule discussed at the beginning of this article.

            In many instances, individuals have already completed their estate planning prior to learning about Medicaid preplanning or consulting with a Medicaid professional.  Individuals may have a will or trust already in place and believe this these documents protect them.  The reality is they do not provide any protection from long-term care costs.  Wills and trusts address the issue of what is to happen to assets when a person dies.  In other words, they dispose of property, appoint personal representatives or trustees, avoid probate in some instances, save or eliminate estate taxes and provide for an orderly administration of the applicant’s estate.  They do not address the issue of long-term care either at home or in a nursing facility.  Individuals who have done their estate planning and nothing further are not protected from these exorbitant costs.

            Although these individuals have already done their estate planning, they can still incorporate long-term care or Medicaid planning into their existing estate plans.  Doing so is like adding a room to an existing house.  When a person adds a room to an existing house, they do not tear down the house and start over.  They simple construct the new addition, add the new room to the existing home and make the two work together.  The same is true for adding Medicaid planning to an existing estate plan.  The individual does not redo his or her entire estate planning but simply adds the Medicaid planning to their existing estate plan.

           

Do You have a Power of Attorney?

Senior Resources and Benefits has Community Partners that share our goal to provide creditable educational information the communities and families they serve.  Tuesday, July 19, 2011, Southwest Mansions located at 9900 S. Western Oklahoma City, OK has allowed SRB to educate their families with one of our many programs "Everything You need to know about POA's and Advance Health Care Directives" by Craig Riffel Attorney and CPA.   We are excited to offer this program and FREE POA's and Living Wills to those in attendance.  For more information please call 1-800-407-9302.

SRB-Tulsa

Like many businesses Senior Resources and Benefits, LLC, dreamed of expansion to educate more families and communities.  We knew that this expansion could only happen with the right individuals, who share the same vision and passion about providing educational information and without a doubt Steve Money was that person.   

Steve has practice of law for over 20 years has ranged from complex financial and banking issues to Indian law and gaming issues. Steve’s current practice concentrates primarily on medical-legal education for physicians, medical students and laypersons and transactions related to health and elder issues.

Steve also has a Doctor of Medicine degree (MD). Steve did his clinical training in the United States, England and Mexico. He believes the most important member of your health care team is . . . YOU!

In addition to law and medicine, Steve is Chairman of the Board of Directors of AllCare Health Systems.

For the several years, Steve has been co-host of the hit radio show "Money Talk with Dan Witham", which can be heard on KFAQ every week on Saturday and Sunday mornings.  Steve and Dan have interviewed several well known Oklahomans and highlight information that effect everyday consumers.  

Senior Resources and Benefits is very fortunate to have Steve Money as a part of our family.  For your FREE Consultation with Steve call 1-800-407-9302. Our Tulsa office is located at 4608 S. Garnett Suite 505 Tulsa, OK 74146.  

Make sure to become a follower of our blog, pictures of our beautiful Tulsa office to be coming soon!!!!

SRB JULY 2011 NEWSLETTER

THE MOST MISUNDERSTOOD RULE IN MEDICAID

THE MOST MISUNDERSTOOD RULE IN MEDICAID

By: Craig Riffel, Attorney and CPA

Clients and their advisors are continually being misled or misinformed about Medicaid’s 3-year rule. Because very few attorneys regularly practice in this area of law, most do not understand the 3-year rule which results in them perpetuating the confusion. As a result, the 3-year rule is the most misunderstood rule in Medicaid planning.

Many clients and their advisors mistakenly believe the clients must have done their planning 3 years in advance. This statement is absolutely false. I hear this rule misquoted all of the time because most attorneys, accountants and other advisors do not understand Medicaid’s 3-year rule. They will commonly make the mistake of telling an individual that the individual must have done Medicaid planning either 3 years before the individual enters the nursing home or 3 years before filing a Medicaid application. THIS IS NOT THE RULE AND IS NOT TRUE. Most people have heard about the 3 year look-back rule which provides that all transactions occurring 3 years prior to the date the Medicaid application is filed will be reviewed. This rule does not mean individuals must do their planning 3 years before entering the nursing home or 3 years before applying for Medicaid. In fact, most Medicaid planning is done when the individual is entering the nursing home within a few days or a few weeks of the planning, or already in the nursing home. It is usually done within this 3 year period and very rarely depends upon assets being transferred 3 years prior to the individual entering the nursing home. Individuals are still eligible for benefits and generally qualify for benefits even if they:

(1) Have gifted property 3 years before entering the nursing home or 3 years before applying for Medicaid;
(2) Still own property and have failed to give it away 3 years before entering the nursing home, or 3 years before applying for Medicaid; or
(3) Have failed to do any Medicaid planning at least 3 years prior to entering the nursing home, or 3 years prior to applying for Medicaid.
Through proper planning, individuals can protect a substantial amount of assets even on the eve of entering the nursing home or applying for benefits.

Several of the most commonly asked questions regarding nursing home or in-home health care planning can be found on my Firm’s website atwww.westoklaw.com. For a Medicaid consultant near you go to my Firm’s website at www.westoklaw.com and click on “Medicaid Consultants Near You.” Any additional questions or inquiries can be directed to Craig Riffel at Mitchel, Gaston, Riffel, & Riffel, P.L.L.C. at 3517 W Owen K. Garriot Road, Enid, Oklahoma, 73703; (580) 234-8447, or at his email address of craig@westoklaw.com. Mitchel, Gaston, Riffel & Riffel, P.L.L.C. has offices in Enid, Fairview and Woodward, Oklahoma.

MEDICAID RECIPIENTS AND THEIR FAMILIES KEEP CONTROL

MEDICAID RECIPIENTS AND THEIR FAMILIES KEEP CONTROL

By: Craig Riffel, Attorney and CPA

This is a true story. A lady was physically assaulted by her boyfriend. The boyfriend was arrested but the boyfriend (not the lady) obtained a restraining order against the lady. During this process, the lady was told by a police officer if she returned to the home she (not the boyfriend) was renting, she would be arrested because boyfriend also lived there. So, she stayed away from her home. At the hearing, the judge explained to her she did not have to abandon her home at any time, and the information she received was completely inaccurate. The judge told her, “Don’t get your legal advice from a police officer.”


The same applies to Medicaid. I started writing articles about Medicaid and related issues because I realized most people are either completely unaware of Medicaid and how it works, or are planning and making decisions based upon false information. Frequently, people will question me about Medicaid. At some point in our discussion, they will make statements which they believe to be true but which are completely inaccurate. When asked where they received their information, they often tell me they heard from a friend; overheard it at the local co-op, beauty/barber shop, restaurant, etc.; or received it from their family attorney, accountant or investment advisor.


My advice to them is the same as the judge told the lady. Don’t get your Medicaid advice from a friend or anyone not specifically trained in Medicaid planning. I teach Medicaid seminars to attorneys, accountants and investment advisors for several national companies and the Oklahoma Bar Association. I can tell from my teaching experience most attorneys, accountants and investment advisors know little more about Medicaid than you do. Also, beware of the local DHS caseworker. Although they are involved in evaluating Medicaid applications, they never participate in Medicaid planning. Therefore, they often give incorrect advice about how to protect assets.


Just recently, I have encountered several individuals operating under these Medicaid myths. First, I had both a prospective client and several investment advisors tell me when a person qualifies for Medicaid, they loose control over their care and the state controls their care. This is false. The only difference between a person paying for their own care and Medicaid paying for their care is who is paying the bill. 


When a person qualifies for Medicaid, the family still controls the care of the Medicaid patient. The family, not the state, selects the nursing home for the individual, decides which medications the individual receives and handles all medical treatments. This makes common sense. If the state made these decisions, the potential liability would be enormous. Anytime the family disagreed with a chosen treatment, the state would have liability exposure. Therefore, all of these decisions for Medicaid patients are made by their family in the same manner and way families of private-pay patients make these decisions. 


Second, some prospective clients and investment advisors incorrectly assume when a person is on Medicaid, the nursing home in which the individual resides may not accept them. This is also false. In order for a nursing home to receive Medicaid money, it is prevented from discriminating against a Medicaid patient in any way. If a nursing home is Medicaid approved and has an available bed, it must take the individual. Most nursing homes, especially in rural areas, are Medicaid approved. Most nursing homes would not survive without Medicaid. Only those nursing homes which are only private-pay (usually only located in the metropolitan areas) can refuse to accept a Medicaid patient. 


Third, some individuals incorrectly assumed the level of care a Medicaid patient receives is inferior to that of a private-pay patient. Again, this is false. Because of the nature of my practice, I frequently visit nursing homes. Most people in nursing homes are on Medicaid; and yet, all patients receive the same level of care. In order for a nursing home to receive Medicaid money, it is prevented from discriminating against a Medicaid patient in any way. 


Fourth, some prospective clients incorrectly believe they cannot retain their current health insurance if receiving Medicaid. This is also false. Not only will clients be allowed to retain or obtain health insurance of their choice, they will be encouraged to do so. As an incentive, Medicaid allows clients to deduct their health insurance premiums from any payment they may be responsible to pay the nursing home. This practice puts another source of payment of medical costs before Medicaid.


Fifth, other individuals incorrectly think once a person qualifies for Medicaid, the patient’s spouse either looses all of their assets or is subject to constant control and monitoring by Medicaid. This too is false. Before a person qualifies for Medicaid, the assets of both the patient and spouse are counted in determining eligibility. However, once a person qualifies for Medicaid, a separation in assets occurs which prevents Medicaid from controlling or monitoring the spouse’s assets. After qualification, the spouse is free to do whatever the spouse wishes with his or her assets. Beware where you get your legal advice. 


For more information about Medicaid, Medicare, Veteran’s benefits, Social Security disability, estate planning or asset protection planning, or how to become a community partner, visit Senior Resources and Benefits, LLC (“SRB”) at www.srbllc.com. All legal services for SRB provided by the law firm of Mitchel, Gaston, Riffel & Riffel, P.L.L.C. with website at www.westoklaw.com. Any additional questions or inquiries can be directed to Jeremy Nichols at Senior Resources & Benefits, LLC at 3517 W. Owen K. Garriott, Suite Three, Enid, Oklahoma 73703, (580) 794-0042, or at his email address of jnichols@westoklaw.com. Senior Resources & Benefits, LLC has offices in Alva, Enid, Fairview, Oklahoma City, Ponca City, Tulsa or Woodward, Oklahoma.

VA Benefits

VA

About 25 percent of the nation's population is potentially eligible for veteran benefits because they are veterans, family members of veterans or survivors of veterans. Not all veterans are automatically entitled to Veterans Administration ("VA") health care. The VA health care system primarily benefits veterans with service-connected disabilities, certain combat veterans, low-income veterans and very elderly veterans with wartime service. Veterans with low priority may have to pay for health care.

In most cases, health care can be obtained at VA facilities. In some circumstances, VA health care can be obtained at non-VA facilities. Some family members and surviving family members of veterans may receive health care coverage through the VA. Enrollment is required for some VA medical benefits while others are need not enroll to receive them. A veteran can enroll in person at any VA facility providing medical services, by mail or over the Internet. Veterans applying for enrollment must complete VA Form 10-10EZ. Enrolled veterans use VA Form 10-10EZR (Health Benefits Renewal Form) to update data on employment, health, insurance, finances or other relevant information. After the veteran files the application, the VA determines the veteran's priority group.

Federal law requires nursing home care be provided to any veteran requiring nursing facility care for a service-connected disability, or any veteran with a service-connected disability rated at 70% disabling or more. Nursing home care is provided to other veterans on a space-available basis. Once admitted to a VA facility, the veteran will not be transferred without the informed consent of the veteran or the veteran's legal representative.

A non-service connected VA pension is available to assist veterans in paying for in-home health care, assisted living and nursing facility care at a private facility. This pension is a monthly payment available to certain wartime veterans permanently and totally disabled because of non-service connected or service connected conditions. There are two primary types of monthly pensions available to the veteran or veteran's surviving spouse. The first is the House-Bound benefit while the second is the Aid and Attendance benefit.

Medicaid Advice

Medicaid Advice

Medicaid is one of the most complex and confusing set or rules and regulations most professionals ever face. The Medicaid rules and regulations are always changing, often without notice.

One court said, "The Medicaid statute is an aggravated assault on the English language, resistant to attempts to understand it. The statute is complicated and murky, not only difficult to administer and to interpret but a poor example to those who would like to use plain and simple expressions." Another court stated, "As Medicaid has evolved, there has developed a degree of complexity in the Medicaid Act and particularly the regulations which makes it almost unintelligible to the uninitiated." Finally, a court said, "There can be no doubt that the Medicaid statutes are among the most completely impenetrable texts within human experience. Indeed, one approaches them at the level of specificity herein demanded with dread, for not only are they dense reading of the most tortuous kind, but Congress also revisits the area frequently, generously cutting and pruning in the process and making any solid grasp of the matters addressed merely a passing phase."

Unfortunately, all too often, clients and their advisors seek advice about Medicaid from the caseworkers in charge of evaluating Medicaid applications. What clients and their advisors do not know is they cannot rely upon the advice or recommendations of caseworkers. Most Medicaid caseworkers are good people with good intentions. They work hard at their jobs which involve administering many different programs including the Medicaid program.

Caseworkers either do not receive any training on the Medicaid rules and regulations, or they do not receive adequate training. As a result, caseworkers frequently misquote rules and regulations, and give erroneous advice to clients and advisors. Relying on advice from a caseworker can result in some very unexpected and serious consequences to the client. In some cases, caseworkers do know the rules but believe it their job to keep the client from qualifying for benefits. In those cases, the caseworkers intentionally mislead or refuse to help the client in receiving benefits. One client summarized it best by saying, "Taking advice from a caseworker is like asking an IRS agent to help you save on taxes."

Some clients are curious why their attorney did not discuss Medicaid planning with them. Medicaid planning is a highly specialized and very difficult area of the law. The Medicaid rules are a confusing combination of Federal and state law. Each state has a state Medicaid agency with a second agency administering Medicaid. Each agency has its own rules. To further complicate matters, the Secretary of Health and Human Services has the authority to waive provisions of the Medicaid statutes resulting state rules conflicting with Federal statutes and rules differing among states. In addition, many Federal and state procedural rules are not even documented.

An attorney practicing in this area learns the rules through the experience of handling cases. To remain updated on the latest rules and regulations, the attorney must handle a significant number of cases. Most attorney do not specialize in this area of the law. Clients must seek competent advice from a Medicaid attorney. Senior Resources & Benefits, L.L.C. ("SRB") uses the legal services of the law firm of Mitchel, Gaston, Riffel & Riffel, P.L.L.C. The law firm of Mitchel, Gaston, Riffel & Riffel, P.L.L.C. specializes in Medicaid. To learn more about this law firm, see the "Legal Services" item under the "Home" menu of this website.

Welcome to Senior Resources & Benefits, LLC.

Welcome to Senior Resources & Benefits

Each year individuals spend millions of dollars on estate planning to ensure their estates, assets and heirs are protected from the threats of estate taxes, the probate process and administrative costs. Additionally, many people spend further sums on asset protection planning to protect themselves and their heirs from litigation and creditors' claims. During this entire time consuming and costly process, the individual and their planners are completely oblivious to the largest threat facing themselves and their estate:

Long-term care costs. Clients who have successfully benefited from SRB's services have had net worth from as little as $25,000 to as much as $3 million. Long-term care costs are costs such as nursing home costs, in-home health care costs, prescription medication expenses and medical expenses. Statistics compiled by the Federal government's Medicaid agency, the Centers for Medicaid and Medicare Services, reveal about 50% or 1 out of every 2 people require some type of long-term care during their lifetime. Most individuals suffering from Alzheimer's disease or other dementia related illness require care for almost 11 years while most non-Alzheimer's and non-dementia patients require care for a little over 3 years.

Many recent studies have shown the average monthly cost of care in a semi-private room in the Midwest to be approximately $4,200 per month. The cost of care at home as well as the cost of care in a private room in a nursing facility is much more. Prescription medications are often an additional $500 to $1,000 per month depending upon the individual's illness and medications prescribed. Due to the likelihood most individuals will incur long-term care costs and due to the fact those costs are extremely expensive, most people should incorporate benefit planning into their estate or asset protection plans.

Senior Resources & Benefits, L.L.C. ("SRB") are experts specializing in Medicaid, Medicare, Veteran ("VA") and Social Security benefits. Additionally, SRB offers asset protection planning and estate planning very different from other planners. It integrates benefit planning within the clients' asset protection planning or estate planning. Most asset protection or estate plans do not address Medicaid or other benefits leaving clients completely vulnerable to long-term care costs.

SRB offers two different types of planning being crisis planning or pre-planning. In crisis planning, SRB assists the client in analyzing his or her case under the appropriate rules, planning the case and taking the necessary steps to qualify the client for benefits immediately, even if the client is already in a nursing facility and even if the client has not done any planning previously. Proper crisis planning enables the client to qualify for benefits without having to wait any time period (i.e. 3 or 5 years) in order to qualify for benefits. Pre-planning is for those individuals who are not ill and will not be needing care until some time in the future, if at all. Many of these clients have already done their estate planning which is completely void of any benefit planning.

Pre-planning allows the client to incorporate benefit planning into his or her existing estate or asset protection plan. If the client has not done any planning, it allows the client to structure his or her estate or asset protection plan with the necessary benefit planning provisions.