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      The full library in alphabetical order, across every area of law.

      Passing Things On

      Checking and Changing a Designation

      A designation review involves listing every account and policy including those with former employers, requesting written confirmation of the current designation from each provider, comparing it against present intentions, submitting changes through the provider's own process, and retaining written confirmation that each change was recorded. Confirmation matters, because a submitted form that was never processed leaves the old designation in place.

      6 min readFederal law

      Capacity & Advance Planning

      Choosing an Agent, and Constraining One

      The choice of agent determines whether these documents work. The criteria that matter are availability, reliability with money, the ability to withstand pressure from other family members, willingness to take the role, and enough understanding of the maker's values to decide as they would. Birth order, proximity and fairness between children are poor bases. Naming alternates matters, and naming two people jointly frequently creates deadlock rather than balance.

      6 min readState law

      Social Security & Retirement Income

      Claiming Early and the Permanent Reduction

      Claiming a retirement benefit before full retirement age produces a permanent reduction, calculated by the number of months claimed early and applied at a steeper rate for the first three years than for months beyond that. The reduced figure does not revert at full retirement age. It also carries into a survivor's benefit in many cases. A short window exists in which a claim can be withdrawn, and a separate option exists to suspend a benefit after full retirement age.

      6 min readFederal law

      Working Past Retirement Age

      Comments, Policies and What Counts as Proof

      Age cases are built from three kinds of material: remarks revealing an age-related assumption, apparently neutral policies whose effect falls disproportionately on older workers, and explanations for decisions that do not hold together. Direct evidence is rare. What decides these cases is the accumulation of comments recorded at the time, comparators identified precisely, and inconsistencies in the employer's own account.

      6 min readFederal law

      Housing in Later Life

      Communities That May Lawfully Exclude Children

      Familial status is a protected characteristic, so excluding households with children is generally unlawful. An exception exists for housing for older persons, which requires either that every occupant be above a defined age, or that a substantial majority of units be occupied by at least one person above a defined age, together with published policies and verification procedures. The exception is conditional and continuing rather than a one-time designation.

      6 min readFederal law

      Driving & Independence

      Contesting a Suspension or Restriction

      Licensing suspensions can generally be challenged through an administrative hearing, requested within a short period stated on the notice. The hearing considers whether the standard is met on the evidence, and the driver may present clinical evidence, a driving evaluation and their own account. Outcomes include reinstatement, conditions or upholding the suspension. Missing the period generally leaves reapplication as the only route, which is slower and harder.

      6 min readState law

      Working Past Retirement Age

      Continuing to Work and What It Does to a Pension

      Continuing employment past a plan's normal retirement age affects several things at once. Benefits may continue to accrue or may not, depending on plan terms. In-service distributions may be available at a defined age or not at all. Required minimum distributions generally begin at a defined age, with an exception for a current employer's plan that does not extend to earlier employers' plans or to individual accounts. Plan documents govern throughout.

      6 min readFederal law

      Social Security & Retirement Income

      Delaying Past Full Retirement Age

      Delayed retirement credits increase a benefit for each month a claim is postponed past full retirement age, up to a fixed ceiling after which no further credits accrue. The increase is permanent and carries into a survivor's benefit. Delaying past the ceiling produces no benefit whatever and forfeits the payments that would have been received. Certain other benefits, including those payable to a spouse on the same record, do not increase with delayed credits.

      6 min readFederal law

      Working Past Retirement Age

      Employer Coverage Beside Medicare

      Where an employee continues working past sixty-five with employer group coverage, the coordination rules determine which coverage pays first. Above a size threshold the employer plan is generally primary and enrollment may be deferred without penalty; below it federal coverage is generally primary and an employee who has not enrolled may face substantial uncovered costs. Health savings account contributions also stop at enrollment, which affects the timing decision.

      6 min readFederal law

      Driving & Independence

      Evidence That Supports a Driver

      The evidence that supports a driver is direct rather than argumentative: an on-road evaluation by a qualified assessor, a clinical statement addressing each relevant function, records showing a condition is treated and stable, an accurate driving history, and observations from people who see the person drive regularly. A specific proposal for conditions frequently converts a borderline case into a favorable outcome.

      6 min readState law

      Immigration in Later Life

      Federal Programs and the State Ones Beside Them

      Where a program is federally funded, federal eligibility rules govern who may receive it, including any waiting period and the attribution of a sponsor's income. Where a state funds a program itself, the state sets the terms, and several have chosen to cover people the federal rules exclude. The practical consequence is that a refusal under a federal program decides nothing about a state one, and applicants who stop at the first refusal leave entitlements unclaimed.

      6 min readFederal and state

      Immigration in Later Life

      From Approval to the Oath

      Approval and admission are two different events. After approval an applicant receives a notice for an oath ceremony, which may be judicial or administrative, and citizenship begins only when the oath is taken. Between the two the applicant answers questions about anything that has changed, may need to surrender the residence card, and remains subject to the requirements the application was assessed against. Rescheduling is possible; failing to attend without explanation is not advisable.

      6 min readFederal law